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home // 2003 news // dividend tax rate and expectations
Change in Dividend Tax Rate and Expectations
  July 10, 2003-- For tax years beginning after December 31, 2002, qualified dividend income will be added to a taxpayer’s net capital gain and taxed at the new capital gains rates.  Qualified dividend income is defined as dividends received from domestic corporations and qualified foreign corporations.  Qualified dividends received by common trust funds and passed through to the fund participants will also qualify.  The definition of net capital gain is the excess of long-term gains over the long-term losses and short-term gains over long-term losses for the year.  Qualified dividend income stands outside the “pot” of capital gains and losses that are netted against each other to make up the net capital gain and cannot be offset or reduced by other types of capital losses, and will be taxed in full at the appropriate capital gains rate.

Qualified dividend income does not include:

1.   Stock held by shareholders that does not meet the holding period     
     requirements.

2.   Dividends to the extent the taxpayer are obligated to make related
      payments in substantially similar or related property.

3.  Payments in lieu of dividends (I.e. dividends paid with respect to stock
     that a broker has loaned to a customer, where the dividends are paid
     to the short sale buyer before the short sale is closed.

4.   Any dividend from a corporation which for the tax year of the
     corporation in which the distribution was made, or the preceding tax
     year, is a corporation exempt from tax, i.e. charitable, religious
     organization, etc.

5.   Any amount allowed as a deduction under the deduction for dividends
     paid by mutual savings banks.

6.  Certain ESOP related dividends

7.  Dividends treated by the taxpayer as investment income for purposes 
     of the investment interest deduction limit.

Recipients of dividends from a Regulated Investment Company (RIC) or Real Estate Investment Trust (REIT) may treat those dividends as qualifying dividend income to the extent the RIC or REIT has received dividend income that’s eligible for qualifying dividend income treatment, unless 95% or more of the RIC’s or REIT’s gross income, as computed under the special rules applicable to those entities, consist of dividend income eligible for qualifying dividend income treatment.

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