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Massachusetts Form 1041 (Schedule D): What You Should Know

The 1040 includes three columns of numbers: Column 1 Column 2 Column 3 Amount Column 4 Column 5 This schedule consists of only two values: Column 1 and Column 2. You don't have to do anything else. But if you are interested, there are some things you can do to make the return easier to read and fill out. And remember, the rules for long-term capital gains and losses depend on whether you are a New York, Massachusetts, or Vermont resident and what state you live in. Here are the rules for a New York or Vermont resident and living in Massachusetts: When you purchase property or an interest in it, you are a New York or Vermont resident and treated as such. However, if you live in Massachusetts and purchase a New York or Vermont interest in a property or property right which you use in your trade or business in Massachusetts, those interests and property rights will be treated as long-term capital gains for tax purposes. The net proceeds of the sale or exchange of any property which you held as long-term capital assets are generally not excluded from gross income even though these long-term capital assets would otherwise be excluded because of limitations on the use of such property or interests as a unit of inventory.  The rules for long-term capital gain and loss depend on the basis of the property at the time you sell or exchange it, if you were aware of the limitation or were given a good faith opportunity to avoid it. You are considered to live in the state of the place in which you acquire the property from or receive it. For more information, see New York's Income Tax and Guide to New York's Tax Code. If either of these situations applies to you: In the case of sale of property that is used or is intended for use in your trade or business in another New York or Vermont resident state, and you were aware of the property's limitation on use, you may deduct the cost basis of your item of property at the time of the sale. You can find more information, including an example of this type of sale in New York's State Publication 9240, Sales and Other Dispositions of Capital Assets. You can make a return with Form 1040, U.S. Income Tax Return for a Resident of Another State. The New York or Vermont resident then uses these instructions to complete the same Schedule D form for any New York or Vermont long-term capital gains and loss that were excluded for Massachusetts.

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