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Tempe Arizona online Form Instructions W-9: What You Should Know
Form W-9, Request for Taxpayer Identification Number and Certification, 1018 Radiative Loss Deduction — IRS — Internal Revenue Code Section 6334 Radiative Loss Deduction. (Rev. April 2005) Radiative Loss Deduction — Federal income tax. (See “Succeeding Criteria on page 12) “Generally, all losses for federal income tax purposes are allocated pro rata, at the shareholder's choice, among its owners and/or beneficial claimants as of the end of a calendar year, on the basis of the stockholder's distributive share for each class in which the loss occurred.” — Internal Revenue Code section 6213(e) (PDF) The “Shareholders” in this example would be each shareholder of the company. How it Works: If you elect to claim a loss that is allocated among the owners, this loss is generally allocated to each shareholder's share accordingly — regardless of whether the owner or the owner's spouse contributed the stock to the corporation. For example: Example 1 Married Jane and John both receive shares of stock in the same class. They are the sole owners of the corporation. No one else contributes to the corporation. Jane has no distributive share because she received and owned the stock as her sole property interest; she received the stock in the form of cash. John has a distributive share because his share of the stock is 10,000, but the stockholders' share of the corporation (Jane and John's spouse) owns none. He had no choice of the share. The tax code says, “The percentage of each share or class that is distributed is determined by the percentage of the outstanding stock held by each of the individuals with a distributive share; the amount of each distribution is the least of the following: (1) the dollar value of the distributive share of each of the individuals, or the fair market value of all the outstanding stock of the corporation combined, multiplied by (2) the number of shares entitled to the distributed share.” Under current law, the shares of each shareholder are counted for the purposes of this allocation and the share that results in the lowest number would result in the loss being allocated to the shareholders' shares. For example: Example 2 Married Jane and John both receive shares of stock in the same class.
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