skip navigation

Search Help
Navigation Help

Tax Map Index
ABCDEFGHI
JKLMNOPQR
STUVWXYZ#

International
Tax Topic Index

Affordable Care Act
Tax Topic Index

FAQs
Forms
Publications
Tax Topics

Comments
About Tax Map

IRS.gov Website
Publication 544
taxmap/pubs/p544-018.htm#en_us_publink100072663

Form 4797(p38)

rule
Use Form 4797 to report: You can use Form 4797 with Form 1040, 1065, 1120, or 1120S.
taxmap/pubs/p544-018.htm#en_us_publink100072664

Section 1231 gains and losses.(p38)

rule
Show any section 1231 gains and losses in Part I. Carry a net gain to Schedule D (Form 1040) as a long-term capital gain. Carry a net loss to Part II of Form 4797 as an ordinary loss.
If you had any nonrecaptured net section 1231 losses from the preceding 5 tax years, reduce your net gain by those losses and report the amount of the reduction as an ordinary gain in Part II. Report any remaining gain on Schedule D (Form 1040). See Section 1231 Gains and Losses in chapter 3.
taxmap/pubs/p544-018.htm#en_us_publink100072665

Ordinary gains and losses.(p38)

rule
Show any ordinary gains and losses in Part II. This includes a net loss or a recapture of losses from prior years figured in Part I of Form 4797. It also includes ordinary gain figured in Part III.
taxmap/pubs/p544-018.htm#en_us_publink1000269653
Mark-to-market election. (p38)
If you made a mark-to-market election, you should report all gains and losses from trading as ordinary gains and losses in Part II of Form 4797, instead of as capital gains and losses on Form 8949 and Schedule D (Form 1040). See the Instructions for Form 4797. Also see Special Rules for Traders in Securities, in chapter 4 of Publication 550.
taxmap/pubs/p544-018.htm#en_us_publink100072666

Ordinary income from depreciation.(p38)

rule
Figure the ordinary income from depreciation on personal property and additional depreciation on real property (as discussed in chapter 3) in Part III. Carry the ordinary income to Part II of Form 4797 as an ordinary gain. Carry any remaining gain to Part I as section 1231 gain, unless it is from a casualty or theft. Carry any remaining gain from a casualty or theft to Form 4684.