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Regulatory changes for mutual fund investors
January 6, 2012
 
Under provisions of the Emergency Economic Stabilization Act of 2008, the U.S. Treasury has issued new regulations that will require investment companies and brokers/dealers to begin reporting to the IRS the cost basis of securities you acquire in 2011 or later and subsequently sell or transfer.

The new rules phase in from January 1, 2011, through January 1, 2013, depending on the security’s type. Securities acquired before their class’s specified starting date are considered “uncovered” securities and brokers aren’t required to track cost basis for these securities. Securities acquired on or after their class’s specified date are “covered” securities and their basis and holding period must be tracked and reported.





The important regulatory changes have arrived this year (2012) for mutual fund investors. The new regulations require investment companies or broker/dealers to report cost basis information for sales in taxable (nonretirement) accounts to the IRS as well as to you as an investor for mutual fund and most exchange-traded fund (ETF) shares that were acquired on or after January 1, 2012, and then sold after that date. Investment companies report this information to you and the IRS on your Form 1099-B. Previously investment company reported this information only to you.

You'll need to select a preferred cost basis method before you sell shares of mutual funds (excluding money market funds) and most ETFs in your taxable (nonretirement) accounts:

  • Average cost. Calculates the average cost per share for each share you own.
  • First in, First Out (FIFO). The first shares you acquired will be the first ones we sell.
  • Specific identification. At the time of sale, you choose the shares (or lots) to sell, which will determine your capital gain or loss.

The method you choose can affect your capital gains or losses, which could influence how much you owe in federal taxes.

Your selection will apply to any shares you acquire beginning January 1, 2012, and sell after that date.


Changes to 2011 tax preparation


Starting with your 2011 federal tax filings, you'll document and report sales of certain types of investments in mutual fund and brokerage accounts differently.

When you prepare your 2011 return, you'll have to complete a new IRS Form 8949 to report your capital gains and losses. This form requires you to divide your sales transactions into two categories: covered shares and noncovered shares, based largely on when you acquired them.

  • Covered shares: Stocks acquired on or after January 1, 2011, provided you receive dividends as cash. Covered shares also include mutual funds, most ETFs, and stocks held in dividend reinvestment plans (DRIPs) acquired after January 1, 2012.
  • Noncovered shares: Stocks acquired before January 1, 2011, provided you receive dividends as cash. Noncovered shares also include mutual funds, most ETFs, and DRIPs acquired before January 1, 2012.

You'll then use the results from Form 8949 to complete Form 1040, Schedule D. Visit irs.gov to learn more about the new filing requirements and the forms.