2010 has been filled with a lot of uncertainty and chaos surrounding taxes (one year disappearance of the estate tax, expiration of the Bush tax cuts, temporary Social Security tax cut, etc.), but one thing is for sure, 2011 brings big changes with regard to cost basis reporting. I'm sure you all remember the Emergency Economic Stabilization Act of 2008, a.k.a. the "Bailout" bill. This law authorized the US Secretary of the Treasury to spend up to $700 billion to purchase distressed assets and make capital injections into banks. It also introduced various tax provisions, one of which comes into effect January 1st, 2011, the new cost basis regulations. These rules will drastically change the way cost basis is reported to the IRS and affects brokers, financial advisors and investors in a major way.
The new provisions will be gradually phased in over the next three years, with stocks leading the way in 2011. Brokers will be required to keep track of cost basis for stocks acquired after January 1, 2011 and form 1099-B will be expanded to include this data as well as classify whether a gain or loss was short term or long term. As you know, 1099s are sent to both the taxpayer and the IRS, so the purchase price of securities sold reported on your tax return will now have to match what was sent to the IRS. This is the same as how currently the total securities sales amount on your tax return has to match the proceeds from sales figure on your 1099. Until now, the IRS has never had a broadly reliable way to confirm cost basis and could only detect misreported cost basis info through an audit. These changes are expected to generate more than $6 billion in additional tax revenue over the next 10 years. Cost basis reporting on mutual funds, ETFs and Dividend Reinvestment Plan shares is set to be phased in on January 1, 2012 and reporting on all other securities, including options and fixed income investments, will be phased in on January 1, 2013.
It is important to distinguish between covered and uncovered securities. Covered securities in 2011 are stocks purchased on or after January 1, 2011. Brokers are only required to report cost basis info on covered securities on the 1099s sent to the IRS. However, many brokers, including Charles Schwab, have decided to provide all cost basis info they have available (for covered and uncovered securities) on 1099s sent to clients to avoid confusion as to why some securities show cost basis and others don't. Taxpayers must realize that it is still their responsibility to report cost basis info for all uncovered securities to the IRS because brokers will not be doing so.
Just because the burden of reporting cost basis is shifted from the taxpayer to the broker does not mean everyone else is off the hook. At the time of sale, the person placing the trade must select which tax lot is being sold. The selection must be made between the trade date and settlement date, generally 3 days, and once made, it cannot be changed. In the event that no tax lot is specified, the IRS requires a default tax method be used - First In First Out (FIFO) or Average Cost, if eligible. One of the most cumbersome requirements is that brokers must immediately file corrected tax forms with the IRS when they receive corrected information. As many of you are aware, corrected 1099s can greatly delay tax filings and cause multiple amended returns.
The concept of keeping track of cost basis info and choosing tax lots at the time of trade is not new to us. We have always traded in a tax efficient manner and therefore chosen the most prudent lots to sell. Our portfolio management software keeps track of cost basis information and whenever we receive assets transferred into a taxable account, we have always made an effort to get the most accurate cost basis information available from the client. For those of you who have accounts managed by us, you shouldn't notice any significant changes from your end except the 1099 you receive for 2011 in early 2012 will include cost basis info. These figures should match the information contain in the Realized Gain and Loss report we send in January. For those of you with accounts not managed by use, it would be wise for you to educate yourselves further on these changes and understand how your brokerage firm's trading policies will be affected.
While brokers have had 3 years to prepare for the changes about to take place, it would be very optimistic for us to assume this transition will happen smoothly. As mentioned above, the legislation will take place in 3 phases with stocks, the simplest type of investment, being Phase 1. Things get much more complicated down the road when fixed income securities such as asset backed bonds become subject to the new rules in 2013. As always, the devil is in the details.
