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Introduction

SECTION 4. SHAREHOLDER

Internal Revenue Bulletin 2015-24 · 2026-10-03 edition · updated 2026-10-04 · United States

TREATMENT

Section 4 of Notice 97–64 continues to apply with appropriate modifications to take into account changes to § 1(h). Thus, a shareholder that receives a capital gain dividend from a RIC treats the dividend as follows:

  • A 20% rate gain distribution is an amount of long-term capital gain in the 20-percent group (which may be taxed at a 20-percent rate, a 15percent rate, or a 0-percent rate, depending on the shareholder’s taxable income);

  • An unrecaptured section 1250 gain distribution is an amount of long-term capital gain in the 25-percent group;

  • A 28% rate gain distribution is an amount of long-term capital gain in the 28-percent group; and

  • A section 1202 gain distribution generally is an amount of gain from a sale or exchange of qualified small business stock held for more than five years, subject to additional requirements and rules under § 1202(g).

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