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Senate Tax Proposal Forces FIFO

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Curt Renz

Well-Known Member
Mar 5, 2013
7,777
118,573
USA
This could greatly affect those of us who have bought TSLA (or other securities) at quite different prices over widely separated periods of time.

A proposed 2018 senate tax law change would require securities be sold on a first-in-first-out (FIFO) basis.

You may want to ask your two US senators and house district representative to instead allow us to retain our FREEDOM to choose which partial lot of a particular security we first want to sell. I did.
 
This could greatly affect those of us who have bought TSLA (or other securities) at quite different prices over widely separated periods of time.

A proposed 2018 senate tax law change would require securities be sold on a first-in-first-out (FIFO) basis.

You may want to ask your two US senators and house district representative to instead allow us to retain our FREEDOM to choose which partial lot of a particular security we first want to sell. I did.
I don't think it's actually possible to force this for those of us with identifiable stock certificates in the safety deposit box...
 
Norways tax law is strictly FIFO. I wasn't aware and a few months ago did what I thought would be a short term trade. Turns out I'm holding all of those for the long haul. So yes this is a big issue.

Cobos
 
How would the law apply for those with more than one brokerage account. Would there be a penalty if I didn't go find the one with the oldest shares to sell?

What if one is a 401k, and one is a roth, and one is normal trading account? Would I be forced into weird tax implications because the wrong account type has the oldest shares?

If they don't force the issue someone could just open multiple accounts to skirt the issue and sell the oldest on that account?
 
How would the law apply for those with more than one brokerage account. Would there be a penalty if I didn't go find the one with the oldest shares to sell?

What if one is a 401k, and one is a roth, and one is normal trading account? Would I be forced into weird tax implications because the wrong account type has the oldest shares?

If they don't force the issue someone could just open multiple accounts to skirt the issue and sell the oldest on that account?

Almost certainly. This particular tax bill is designed to be filled with loopholes so that it only catches the "little people". Essentially disgusting.

Hopefully the whole tax bill will be killed outright, because it is a stinking pile of garbage with no redeeming features.
 
Tax-exempt trusts are specifically excluded. Besides, it is academic due to their tax-exempt status.

Section 1012 (if I recall the Code section correctly) refers to accounts. So, A could have a personal account, a joint account, and a second personal account all with the same broker. A wants to sell 1,000 shares of XYZ. He directs the broker which account. THEN, the FIFO basis would be used to calculate gain or loss.
 
This also "dooms" large investors who hold huge capital gains when holding stocks from decades ago. If it were to include mutual fund company or large institutional banks (IB). If a fund, brokerage or trading house is required to FIFO their trades, it changes the landscapes of mutual fund managers dealing with managing of their holdings. Forcing FIFO is an attempt to get "the most" taxes out of a sale of assets in an up-market since you would expect older holdings to have larger capital gains than newer holdings.

Now, how about cost-basis adjustment for those who pass away. That was a big point in some of the Obama-era tax changes which Republicans wanted to be kept in at that time. This may not be known to everyone here but it is when you have transfer of an estate to a beneficiary - this adjustment updates the cost-basis to the date of death of that person. This "wipes out" possibly huge unrealized capital gains and thus "tax revenues". While this is only part of the estate planning business it may be targeted for tax changes that can "get more tax revenue" for governments. Rossi: Death and taxes - Understanding how 'step-up in basis' works

So, if individual investors are forced to FIFO, they may hold shorter term and trade more often - possibly shedding more tax revenues and cutting peoples' desires to "invest for the long-term". Unless you invest for your next generation and expect cost-basis adjustment to handle the tax shelter. They either want us to trade-em-up or not-die to get the revenues "they are owed". No wonder people take their money off-shore.
 
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This also "dooms" large investors who hold huge capital gains when holding stocks from decades ago. If it were to include mutual fund company or large institutional banks (IB). If a fund, brokerage or trading house is required to FIFO their trades, it changes the landscapes of mutual fund managers dealing with managing of their holdings. Forcing FIFO is an attempt to get "the most" taxes out of a sale of assets in an up-market since you would expect older holdings to have larger capital gains than newer holdings.

Now, how about cost-basis adjustment for those who pass away. That was a big point in some of the Obama-era tax changes which Republicans wanted to be kept in at that time. This may not be known to everyone here but it is when you have transfer of an estate to a beneficiary - this adjustment updates the cost-basis to the date of death of that person. This "wipes out" possibly huge unrealized capital gains and thus "tax revenues". While this is only part of the estate planning business it may be targeted for tax changes that can "get more tax revenue" for governments. Rossi: Death and taxes - Understanding how 'step-up in basis' works

So, if individual investors are forced to FIFO, they may hold shorter term and trade more often - possibly shedding more tax revenues and cutting peoples' desires to "invest for the long-term". Unless you invest for your next generation and expect cost-basis adjustment to handle the tax shelter. They either want us to trade-em-up or not-die to get the revenues "they are owed". No wonder people take their money off-shore.

Yeah, this provision has been on and off the table for quite a while. Congress needs to understand that the cost to calculate and enforce carryover basis on assets acquired from decedents (do we really know how much Dad paid for those shares of IBM in 1964--or was it 1966--or did he have a payroll deduction to buy stock throughout his 32-year career?) would be extreme. Pretty easy to figure out the DOD basis with all the tools available online or through brokers.

Then, for those few estates subject to transfer taxes, this would be another category in which to calculate the 691(c) deduction for IRD. This proposal would be very unpopular among everyone.
 
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