| Qualified
Dividends |
- What is a Qualified Dividend?
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A qualified dividend is a dividend that is taxed at the preferential federal
tax rate established by the Jobs and Growth Tax Relief Reconciliation
Act of 2004, which was enacted in May 2004. Qualified dividends are
generally subject to a maximum tax rate of 15% (or 0% for taxpayers in
the 10% or 15% tax brackets).
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- Why is it important to differentiate a dividend
as qualified or nonqualified?
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It is important to distinguish a qualified dividend from other dividends
because qualified dividends are subject to a lower federal tax rate than
ordinary income.
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- How do I know if my dividends are qualified dividends?
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You can identify which dividends are eligible for qualified dividend
status by examining your Tax Information Statement and Form 1099-
DIV, Box 1b. You have to then ensure that your specific circumstances
(such as the holding period requirement—see question 6 below) allow
the dividend to be reported as a qualified dividend on your tax return.
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- How are qualified dividends reported on my tax
information statement?
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Qualified dividends are reported in the Dividends and Distributions
section of your Tax Information Statement, under the column titled
"Qualified Dividends."
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- Are the qualified dividends on my tax information
statement eligible for the reduced rate?
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Yes. They are eligible for the reduced rate. However, in order for you
to report these dividends as qualified on your tax return, you have to
meet certain requirements, such as the holding period requirement.
In addition, if you were short-against-the-box on the dividend’s
ex-dividend date, your dividend will not be considered a qualified
dividend, even though we reported it to you as a qualified dividend.
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- What is the holding period requirement?
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You must meet a holding period requirement in order to report your
dividends as qualified dividends on your tax return. These are the
important points to note about the holding period requirement:
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- You must hold the stock more than 60 days during the 121-day
period that begins 60 days prior to a dividend’s ex-dividend date.
- The ex-dividend date is the first date following the declaration
of a dividend on which the purchaser of the stock is not entitled
to receive the next dividend payment. The ex-dividend date is
usually two days before the record date, which is the date set by the
company on which an individual must own shares in order to be
eligible to receive a dividend or capital gain distribution. For mutual
fund shares, the ex-dividend date is usually the reinvestment date.
- When counting the number of days you held the stock, include
the day you disposed of the stock, but not the day you acquired it.
- The number of days you are considered to hold the stock for this
purpose is reduced for each day you diminish your risk of loss
by entering into certain transactions, such as options or forward
contracts, and short-against-the-box transactions.
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Holding Period Example:
Assume the following facts:
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- July 1, 2008—You purchase 200 shares of XYZ company.
- July 9, 2008—XYZ’s stock goes ex-dividend.
- July 28, 2008—You receive a dividend from XYZ company, which
we report as a qualified dividend on your Tax Information Statement.
- August 4, 2008—You sell your 200 shares of XYZ company.
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In this case, the 121-day period begins May 10, 2008, and ends on
September 7, 2008. You held the shares from July 2, 2008, through
August 4, 2008 (include the date you sold the shares, but not the
date you acquired them)—a total of 34 days. Since you held the
stock less than 61 days, your dividend on XYZ company is not a
qualified dividend, even though we reported it to you as a qualified
dividend on your Tax Information Statement.
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- Is there a different holding period for preferred
stock?
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Generally, the holding period for preferred stock is the same as stated
above. However, if your preferred stock dividend is attributable to
a period greater than 366 days, you must hold the stock for at least
91 days during the 181-day period that begins 90 days before the
ex-dividend date. These types of dividends pay very rarely. Most
likely, your preferred stock dividends would be subject to the 60-day
requirement mentioned above.
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- How does the holding period apply if I hold mutual
fund shares?
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The holding period requirement for mutual fund shares is the same as
the 60-day holding period mentioned above. If you do not hold your
mutual fund shares more than 60 days, your mutual fund dividends
will be nonqualified, even if we report them as qualified on your Tax
Information Statement.
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- What if I am "short-against-the-box"
when I receive my dividend? Will it be considered
a qualified dividend?
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If you are both long and short the same stock on the date the stock
goes ex-dividend, the dividend you received on the long position will
not be considered a qualified dividend. The Tax Code contains this
rule presumably to prevent someone from taking deductions on their
short selling expenses at ordinary rates, and then including the income
at the preferential rate.
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- Suppose I purchase an option to sell my security
(a "put" option) and, as a result, I have
diminished my risk of loss in the security that paid
a dividend. Does this affect my holding period?
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Yes. Under the Tax Code, your holding period could be reduced if
you enter into a transaction that diminishes your risk of loss. This is
a complicated aspect of the tax law. You may need to consult with a
tax professional if you have entered into transactions that could have
diminished your risk of loss.
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- How do qualified dividends impact my deduction
for margin interest?
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For most taxpayers, margin interest expense is considered an investment
expense, and the deduction for investment expense is limited to “net
investment income.” In figuring your “net investment income” for
this purpose, you would normally include your interest and dividends.
You should be aware that any dividend you include in “net investment
income” will not be considered a qualified dividend eligible for the
reduced federal tax rates. See IRS Form 4952 for information about
including your qualified dividends as investment income.
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- How do qualified dividends impact my foreign tax
credit?
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- Your foreign tax credit is figured on IRS Form 1116. On this form,
you are required to calculate your foreign tax credit limitation, which
very generally is:
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In figuring your foreign income for purposes of this limitation formula,
you may be required to adjust the amount of foreign qualified dividends
used in computing your foreign tax credit. See the instructions for
IRS Form 1116 for more information.
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- When are foreign dividends reported as qualified
dividends?
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The tax code contains special rules for dividends paid by a foreign
corporation. A foreign corporation’s dividends are considered qualified
if the foreign corporation meets any of the following conditions:
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- The corporation is incorporated in a U.S. possession.
- The corporation’s stock is readily tradable on an "established
market" in the U.S., such as the New York Stock Exchange or
the NASDAQ stock market. Certain other markets, such as the
Pink Sheets or the NASDAQ over-the-counter (OTC) Bulletin
Board, are not considered established markets for this purpose.
- The company is eligible for the benefits of an income tax treaty
with the U.S. that the Treasury Department determines is
satisfactory for this purpose and that contains an exchange of
information program.
Exception for Foreign
Investment Companies: If a foreign corporation is a passive
foreign investment company, its dividends will not be considered
qualified dividends.
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- Are dividends from mutual funds, REITs, or UITs
considered qualified dividends or capital gain distributions?
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The character of dividends from mutual funds, REITs, and UITs
varies based on the underlying investments that comprise these funds.
We report dividends from these companies based on information
they provide to us. We will report their dividends as nonqualified
when they do not provide any information to us. In this case, we
will denote the income with a symbol (**), which will appear next to
the description of the company in the 1099-DIV section of the Tax
Information Statement. This symbol means that we have not received
information needed to classify your income, and you may receive a
revised Tax Information Statement from us if we receive information
that changes your income classification.
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- Are dividends from money market funds or bond funds
considered qualified dividends?
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No. Dividends from money market funds and bond funds are considered
nonqualified dividends. However, since distributions from bond funds
may be classified as capital gain distributions, your income from a bond
fund may be reclassified. Your Tax Information Statement may reflect
the symbol (**) next to the description of the bond fund if we have not
received reclassification information from the fund (see the preceding
question 14).
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- How do I report qualified dividends on my tax return?
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Once you determine which of your dividends are qualified dividends,
you should:
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- Enter your qualified dividends on IRS Form 1040, line 9b, and
- Figure your tax by completing the Qualified Dividends and
Capital Gain Tax Worksheet in the Form 1040 or 1040A
instructions or the Schedule D Tax Worksheet in the
Schedule D instructions, whichever applies.
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See the instructions to IRS Form 1040, Schedule D (Capital Gains and
Losses) for more information on how to report your qualified dividends.
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- Are dividends on preferred stock considered qualified
dividends?
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There are generally no distinct rules for determining if dividends on
preferred stock qualify for the reduced rates. All of the rules referred
to above apply to dividends on preferred stock. However, there are
two points you should note:
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- In rare circumstances, the holding period requirement is 91 days,
as opposed to 61 days (see the preceding question 7).
- Certain preferred securities pay interest, as opposed to dividends.
Although these securities may be labeled as stock, they are
actually classified as debt for federal tax purposes. The income
from these securities will not qualify for the reduced rates, and is
reported to you in the 1099-INT or 1099-OID section of your
Tax Information Statement. These securities are listed under
various names, such as fixed rate capital securities (also referred
to as MIPs, QUIDs, QUIPs, TOPrS, etc.).
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- Where can I get more information about qualified
dividends?
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IRS Publication 550 (Investment Income and Expenses) contains
useful information on reporting dividend income. This publication
is available at www.irs.gov.
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