The Basics on Cost-Basis Reporting:
If you trade or invest in securities, you need to learn about âcost-basis reporting,â a new set of IRS rules for taxpayers starting with 2011 tax filings. Previously, taxpayers could simply enter their capital gains and losses (proceeds, cost basis and holding period) onto Schedule D of their individual income tax return. Thatâs no longer allowed and get ready for a real mess.
Under the new cost-basis reporting regime, taxpayers must decipher broker-provided Form 1099-Bs. In prior years, taxpayers and their accountants could easily use a Form 1099-B to enter proceeds from each securities sale on their Schedule D. Taxpayers then entered their own record of cost-basis information and they were done. Investors often looked up the original purchase price in an earlier year brokerage statement and considered stock splits or other corporate actions, which are rare. Active traders generally used software like TradeLog, which downloaded all trade executions and provided an easy-to-use Schedule D-1 attachment.
You would think that when brokers entered the picture providing cost-basis information to taxpayers and the IRS on Form 1099-Bs, taxpayer compliance would be easier. You would be very wrong!
Take one look at your Form 1099-B and you will see the problem. While stock proceeds may look the same as prior years, the new cost-basis information is extremely confusing. Some Brokers mark cost information with quirky new codes like P (provided to the IRS), N (not provided to the IRS) and W (wash sales). Some brokers do not provide totals for the amounts they are reporting. Plus there are covered securities, non-covered securities and other. All individual trades must be entered on the new tax form 8949, which includes Parts A (proceeds and cost basis both reported to the IRS), B (proceeds reported to the IRS but not cost basis) and C (other or not reported on a 1099). Separate Form 8949s must be filed for short term and long term. Add it up: Thatâs up to six different categories on the Form 8949s instead of the single Schedule D required in the past. This is a huge burden and is very confusing for taxpayers.
Thatâs just a fraction of the problem. It turns out the rules brokers are required to follow for 1099-B reporting are different from the rules for taxpayers. For example, brokers report âpotential wash salesâ based on âidentical positionsâ (same symbol), whereas taxpayers must report actual wash sales based on âsubstantially identical positionsâ (between stock and options). Thereâs a long list of other problems on wash sales, too.
Wash sales are a major factor for investors and traders. Using a 1099-B for wash sale reporting is a big mistake. IRS cost-basis reporting rules state that taxpayers should not rely on 1099-Bs for tax reporting purposes. What?
The IRS requires brokers to only report 2011 cost basis on âcoveredâ securities. Most brokers donât include 2010 cost basis, which means they omit wash sales losses deferred from 2010. The IRS should have required standardization, as broker reporting is all over the map. Many brokers are making errors too.
Phasing in the rules seems to be part of the problem. While the IRS phased in the new rules for brokers, it did not do so for taxpayers. The IRS hammers taxpayers by deputizing them as accountants to figure out all the inevitable discrepancies between 1099-Bs and Form 8949 results.
Whatâs happening? Most investors and active traders are upset, throwing in the towel and filing extensions. Theyâre being forced to hire accountants and experts when theyâre accustomed to preparing their own tax returns with consumer software. Unsuspecting taxpayers are filing and not realizing theyâre either overpaying or underpaying their taxes. The devil is in the details â errors on Form 8949 are compounded onto Schedule D, and the final Schedule Ds donât add up.
Taxpayers have no confidence on wash sales â theyâre extremely hard to figure out by hand.
We suggest reading our blogs on this saga to understand the new IRS rules, how 1099-Bs are constructed and how you should handle Form 8949. We recommend using software like TradeLog and filing an extension. We hope for relief from the IRS soon.