General Rules For Capital Transactions
Income from gains on dispositions of property may be classified as either ordinary or capital gain, depending on the type of property involved in the disposition. Capital gains (and more favorable tax rates) are generated from the sale of “capital assets.”
Capital Assets Include:
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Personal or investment-use property;
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Options, if the underlying property is capital.
Capital Assets Do Not Include:
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Inventory;
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Accounts or notes receivable;
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Supplies of a type regularly used or consumed in the ordinary course of a trade or business;
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Depreciable property used in business (this may receive capital gain treatment, however);
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Hedging transactions;
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Certain financial instruments held by commodities derivative dealers;
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Copyrights or letters created by the taxpayer;
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Government publications received free or at a discount; and
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Effective for dispositions after December 31, 2017, self-created property such as a patent, invention, model or design (whether or not patented), and a secret formula or process.