Section 45IAC3.1-1-58. Allocation of capital gains and losses

   Capital Gains and Losses. Capital gains and losses from the sale of real property formerly used to produce nonbusiness income are allocated to the state where the property is located. Capital gains and losses from the sale of nonbusiness tangible personal property are allocated to Indiana if the property had a situs in the state when sold, or if the taxpayer's commercial domicile is in Indiana and it is not taxable in the state in which the property had a situs. Capital gains and losses from sales of nonbusiness intangible property are allocated to Indiana if the taxpayer's commercial domicile is in this state. (Department of State Revenue; Reg 6-3-2-2(i)(010); filed Oct 15, 1979, 11:15 am: 2 IR 1530; errata, 2 IR 1743)