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Calendar No. 377 110th CONGRESS
2d Session
H. R. 5720
[Report No. 110-606]
To amend the Internal Revenue Code of 1986 to
provide assistance for housing.
IN THE HOUSE OF REPRESENTATIVES
April 8, 2008
TITLE III--REVENUE PROVISIONS
SEC. 301. BROKER REPORTING OF CUSTOMER'S BASIS IN SECURITIES
TRANSACTIONS.
(1) BROKER REPORTING FOR SECURITIES
TRANSACTIONS- Section 6045 (relating to
returns of brokers) is amended by adding
at the end the following new subsection:
`(g) Additional Information Required in the Case of
Securities Transactions, etc-
`(1) IN GENERAL- If a broker is
otherwise required to make a return
under subsection (a) with respect to the
gross proceeds of the sale of a covered
security, the broker shall include in
such return the information described in
paragraph (2).
`(2) ADDITIONAL INFORMATION
REQUIRED-
`(A) IN GENERAL- The
information required
under paragraph (1) to
be shown on a return
with respect to a
covered security of a
customer shall include
the customer's adjusted
basis in such security
and whether any gain or
loss with respect to
such security is
long-term or short-term
(within the meaning of
section 1222).
`(B) DETERMINATION
OF ADJUSTED BASIS- For
purposes of subparagraph
(A)--
`(i)
IN
GENERAL-
The
customer's
adjusted
basis
shall be
determined--
`(I) in the case of any security (other than any stock for which an average basis method is permissible under section 1012), in accordance with the first-in first-out method unless the customer notifies the broker by means of making an adequate identification of the stock sold or transferred, and
`(II) in the case of any stock for which an average basis method is permissible under section 1012, in accordance with the broker's default method unless the customer notifies the broker that he elects another acceptable method under section 1012 with respect to the account in which such stock is held.
`(ii)
EXCEPTION
FOR WASH
SALES-
Except
as
otherwise
provided
by the
Secretary,
the
customer's
adjusted
basis
shall be
determined
without
regard
to
section
1091
(relating
to loss
from
wash
sales of
stock or
securities)
unless
the
transactions
occur in
the same
account
with
respect
to
identical
securities.
`(3) COVERED SECURITY- For purposes
of this subsection--
`(A) IN GENERAL- The
term `covered security'
means any specified
security acquired on or
after the applicable
date if such security--
`(i)
was
acquired
through
a
transaction
in the
account
in which
such
security
is held,
or
`(ii)
was
transferred
to such
account
from an
account
in which
such
security
was a
covered
security,
but only
if the
broker
received
a
statement
under
section
6045A
with
respect
to the
transfer.
`(B) SPECIFIED
SECURITY- The term
`specified security'
means--
`(i)
any
share of
stock in
a
corporation,
`(ii)
any
note,
bond,
debenture,
or other
evidence
of
indebtedness,
`(iii)
any
commodity,
or
contract
or
derivative
with
respect
to such
commodity,
if the
Secretary
determines
that
adjusted
basis
reporting
is
appropriate
for
purposes
of this
subsection,
and
`(iv)
any
other
financial
instrument
with
respect
to which
the
Secretary
determines
that
adjusted
basis
reporting
is
appropriate
for
purposes
of this
subsection.
`(C) APPLICABLE
DATE- The term
`applicable date'
means--
`(i)
January
1, 2010,
in the
case of
any
specified
security
which is
stock in
a
corporation
(other
than any
stock
described
in
clause
(ii)),
`(ii)
January
1, 2011,
in the
case of
any
stock
for
which an
average
basis
method
is
permissible
under
section
1012,
and
`(iii)
January
1, 2012,
or such
later
date
determined
by the
Secretary
in the
case of
any
other
specified
security.
`(4) TREATMENT OF S CORPORATIONS- In
the case of the sale of a covered
security acquired by an S corporation
(other than a financial institution)
after December 31, 2011, such S
corporation shall be treated in the same
manner as a partnership for purposes of
this section.
`(5) SPECIAL RULES FOR SHORT SALES-
In the case of a short sale, reporting
under this section shall be made for the
year in which such sale is closed.'.
(2) BROKER INFORMATION REQUIRED WITH
RESPECT TO OPTIONS- Section 6045, as
amended by subsection (a), is amended by
adding at the end the following new
subsection:
`(h) Application to Options on Securities-
`(1) EXERCISE OF OPTION- For
purposes of this section, if a covered
security is acquired or disposed of
pursuant to the exercise of an option
that was granted or acquired in the same
account as the covered security, the
amount received with respect to the
grant or paid with respect to the
acquisition of such option shall be
treated as an adjustment to gross
proceeds or as an adjustment to basis,
as the case may be.
`(2) LAPSE OR CLOSING TRANSACTION-
In the case of the lapse (or closing
transaction (as defined in section
1234(b)(2)(A))) of an option on a
specified security or the exercise of a
cash-settled option on a specified
security, reporting under subsections
(a) and (g)
with respect to such option shall be
made for the calendar year which
includes the date of such lapse, closing
transaction, or exercise.
`(3) PROSPECTIVE APPLICATION-
Paragraphs (1) and (2) shall not apply
to any option which is granted or
acquired before January 1, 2012.
`(4) DEFINITIONS- For purposes of
this subsection, the terms `covered
security' and `specified security' shall
have the meanings given such terms in
subsection (g)(3).'.
(3) EXTENSION OF PERIOD FOR
STATEMENTS SENT TO CUSTOMERS-
(A) IN GENERAL-
Subsection (b) of
section 6045 is amended
by striking `January 31'
and inserting `February
15'.
(B) STATEMENTS
RELATED TO SUBSTITUTE
PAYMENTS- Subsection (d)
of section 6045 is
amended--
(i)
by
striking
`at such
time
and',
and
(ii)
by
inserting
after
`other
item.'
the
following
new
sentence:
`The
written
statement
required
under
the
preceding
sentence
shall be
furnished
on or
before
February
15 of
the year
following
the
calendar
year in
which
the
payment
was
made.'.
(C) OTHER
STATEMENTS- Subsection
(b) of section 6045 is
amended by adding at the
end the following: `In
the case of a
consolidated reporting
statement (as defined in
regulations) with
respect to any account,
any statement which
would otherwise be
required to be furnished
on or before January 31
of a calendar year with
respect to any item
reportable to the
taxpayer shall instead
be required to be
furnished on or before
February 15 of such
calendar year if
furnished with such
consolidated reporting
statement.'.
(b) Determination of Basis of Certain Securities on
Account by Account or Average Basis Method- Section 1012
(relating to basis of property-cost) is amended--
(1) by striking `The basis of
property' and inserting the following:
`(a) In General- The basis of property',
(2) by striking `The cost of real
property' and inserting the following:
`(b) Special Rule for Apportioned Real Estate Taxes-
The cost of real property', and
(3) by adding at the end the
following new subsections:
`(c) Determinations by Account-
`(1) IN GENERAL- In the case of the
sale, exchange, or other disposition of
a specified security on or after the
applicable date, the conventions
prescribed by regulations under this
section shall be applied on an account
by account basis.
`(2) APPLICATION TO OPEN-END FUNDS-
`(A) IN GENERAL-
Except as provided in
subparagraph (B), any
stock in an open-end
fund acquired before
January 1, 2011, shall
be treated as a separate
account from any such
stock acquired on or
after such date.
`(B) ELECTION BY
OPEN-END FUND FOR
TREATMENT AS SINGLE
ACCOUNT- If an open-end
fund elects to have this
subparagraph apply with
respect to one or more
of its stockholders--
`(i)
subparagraph
(A)
shall
not
apply
with
respect
to any
stock in
such
fund
held by
such
stockholders,
and
`(ii)
all
stock in
such
fund
which is
held by
such
stockholders
shall be
treated
as
covered
securities
described
in
section
6045(g)(3)
without
regard
to the
date of
the
acquisition
of such
stock.
A rule similar to
the rule of the
preceding sentence shall
apply with respect to a
broker holding stock in
an open-end fund as a
nominee.
`(3) DEFINITIONS- For purposes of
this section--
`(A) OPEN-END FUND-
The term `open-end fund'
means a regulated
investment company (as
defined in section 851)
which is offering for
sale or has outstanding
any redeemable security
of which it is the
issuer. Any stock which
is traded on an
established securities
exchange shall not be
treated as stock in an
open-end fund.
`(B) SPECIFIED
SECURITY; APPLICABLE
DATE- The terms
`specified security' and
`applicable date' shall
have the meaning given
such terms in section
6045(g).
`(d) Average Basis for Stock Acquired Pursuant to a
Dividend Reinvestment Plan-
`(1) IN GENERAL- In the case of any
stock acquired after December 31, 2010,
in connection with a dividend
reinvestment plan, the basis of such
stock while held as part of such plan
shall be determined using one of the
methods which may be used for
determining the basis of stock in an
open-end fund.
`(2) TREATMENT AFTER TRANSFER- In
the case of the transfer to another
account of stock to which paragraph (1)
applies, such stock shall have a cost
basis in such other account equal to its
basis in the dividend reinvestment plan
immediately before such transfer
(properly adjusted for any fees or other
charges taken into account in connection
with such transfer).
`(3) SEPARATE ACCOUNTS; ELECTION FOR
TREATMENT AS SINGLE ACCOUNT- Rules
similar to the rules of subsection
(c)(2) shall apply for purposes of this
subsection.
`(4) DIVIDEND REINVESTMENT PLAN- For
purposes of this subsection--
`(A) IN GENERAL- The
term `dividend
reinvestment plan' means
any arrangement under
which dividends on any
stock are reinvested in
stock identical to the
stock with respect to
which the dividends are
paid.
`(B) INITIAL STOCK
ACQUISITION TREATED AS
ACQUIRED IN CONNECTION
WITH PLAN- Stock shall
be treated as acquired
in connection with a
dividend reinvestment
plan if such stock is
acquired pursuant to
such plan or if the
dividends paid on such
stock are subject to
such plan.'.
(c) Information by Transferors To Aid Brokers-
(1) IN GENERAL- Subpart B of part
III of subchapter A of chapter 61 is
amended by inserting after section 6045
the following new section:
`SEC. 6045A. INFORMATION REQUIRED IN CONNECTION WITH TRANSFERS
OF COVERED SECURITIES TO BROKERS.
`(a) Furnishing of Information- Every applicable
person which transfers to a broker (as defined in
section 6045(c)(1)) a security which is a covered
security (as defined in section 6045(g)(3)) in the hands
of such applicable person shall furnish to such broker a
written statement in such manner and setting forth such
information as the Secretary may by regulations
prescribe for purposes of enabling such broker to meet
the requirements of section 6045(g).
`(b) Applicable Person- For purposes of subsection
(a), the term `applicable person' means--
`(1) any broker (as defined in
section 6045(c)(1)), and
`(2) any other person as provided by
the Secretary in regulations.
`(c) Time for Furnishing Statement- Except as
otherwise provided by the Secretary, any statement
required by subsection (a) shall be furnished not later
than 15 days after the date of the transfer described in
such subsection.'.
(2) ASSESSABLE PENALTIES- Paragraph
(2) of section 6724(d) (defining payee
statement) is amended by redesignating
subparagraphs (I) through (CC) as
subparagraphs (J) through (DD),
respectively, and by inserting after
subparagraph (H) the following new
subparagraph:
`(I) section 6045A
(relating to information
required in connection
with transfers of
covered securities to
brokers),'.
(3) CLERICAL AMENDMENT- The table of
sections for subpart B of part III of
subchapter A of chapter 61 is amended by
inserting after the item relating to
section 6045 the following new item:
`Sec. 6045A. Information required in
connection with transfers of covered
securities to brokers.'.
(d) Additional Issuer Information To Aid Brokers-
(1) IN GENERAL- Subpart B of part
III of subchapter A of chapter 61, as
amended by subsection (b), is amended by
inserting after section 6045A the
following new section:
`SEC. 6045B. RETURNS RELATING TO ACTIONS AFFECTING BASIS OF
SPECIFIED SECURITIES.
`(a) In General- According to the forms or
regulations prescribed by the Secretary, any issuer of a
specified security shall make a return setting forth--
`(1) a description of any
organizational action which affects the
basis of such specified security of such
issuer,
`(2) the quantitative effect on the
basis of such specified security
resulting from such action, and
`(3) such other information as the
Secretary may prescribe.
`(b) Time for Filing Return- Any return required by
subsection (a) shall be filed not later than the earlier
of--
`(1) 45 days after the date of the
action described in subsection (a), or
`(2) January 15 of the year
following the calendar year during which
such action occurred.
`(c) Statements To Be Furnished to Holders of
Specified Securities or Their Nominees- According to the
forms or regulations prescribed by the Secretary, every
person required to make a return under subsection (a)
with respect to a specified security shall furnish to
the nominee with respect to the specified security (or
certificate holder if there is no nominee) a written
statement showing--
`(1) the name, address, and phone
number of the information contact of the
person required to make such return,
`(2) the information required to be
shown on such return with respect to
such security, and
`(3) such other information as the
Secretary may prescribe.
The written statement required under the preceding
sentence shall be furnished to the holder on or before
January 15 of the year following the calendar year
during which the action described in subsection (a)
occurred.
`(d) Specified Security- For purposes of this
section, the term `specified security' has the meaning
given such term by section 6045(g)(3)(B). No return
shall be required under this section with respect to
actions described in subsection (a) with respect to a
specified security which occur before the applicable
date (as defined in section 6045(g)(3)(C)) with respect
to such security.
`(e) Public Reporting in Lieu of Return- The
Secretary may waive the requirements under subsections
(a) and (c) with respect to a specified security, if the
person required to make the return under subsection (a)
makes publicly available, in such form and manner as the
Secretary determines necessary to carry out the purposes
of this section--
`(1) the name, address, phone
number, and email address of the
information contact of such person, and
`(2) the information described in
paragraphs (1), (2), and (3) of
subsection (a).'.
(2) ASSESSABLE PENALTIES-
(A) Subparagraph (B)
of section 6724(d)(1) of
such Code (defining
information return) is
amended by redesignating
clause (iv) and each of
the clauses which follow
as clauses (v) through
(xxii), respectively,
and by inserting after
clause (iii) the
following new clause:
`(iv)
section
6045B(a)
(relating
to
returns
relating
to
actions
affecting
basis of
specified
securities),'.
(B) Paragraph (2) of
section 6724(d) of such
Code (defining payee
statement), as amended
by subsection (c)(2), is
amended by redesignating
subparagraphs (J)
through (DD) as
subparagraphs (K)
through (EE),
respectively, and by
inserting after
subparagraph (I) the
following new
subparagraph:
`(J) subsections (c)
and (e) of section 6045B
(relating to returns
relating to actions
affecting basis of
specified securities),'.
(3) CLERICAL AMENDMENT- The table of
sections for subpart B of part III of
subchapter A of chapter 61 of such Code,
as amended by subsection (b)(3), is
amended by inserting after the item
relating to section 6045A the following
new item:
`Sec. 6045B. Returns relating to
actions affecting basis of specified
securities.'.
(1) IN GENERAL- Except as otherwise
provided in this subsection, the
amendments made by this section shall
take effect on January 1, 2010.
(2) EXTENSION OF PERIOD FOR
STATEMENTS SENT TO CUSTOMERS- The
amendments made by subsection (a)(3)
shall apply to statements required to be
furnished after December 31, 2008.
Colin M. Cody, CPA, CMA
TraderStatus.com LLC
6004 Main Street
Trumbull, Connecticut 06611-2400
(203) 268-7000
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