27-7-99 - "Capital asset" defined. - Mississippi Statutes

§ 27-7-99. "Capital asset" defined.
 

For purposes of Sections 27-7-95 through 27-7-103, the term "capital asset" means property held by the taxpayer, whether or not connected with his trade or business, but does not include the following: 
 

(a) Stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; 

(b) Property, used in his trade or business, of a character which is subject to the allowance for depreciation provided in Section 27-7-17 or real property used in his trade or business; 

(c) A copyright, a literary, a musical or artistic composition, a letter or memorandum or similar property held by: 

(i) A taxpayer whose personal efforts created such property, 

(ii) In the case of a letter, memorandum or similar property, a taxpayer for whom such property was prepared or produced, or 

(iii) A taxpayer in whose hands the basis of such property is determined, for purposes of determining gain from a sale or exchange, in whole or part by reference to the basis of such property in the hands of a taxpayer described in paragraph (c)(i) and (ii) of this section; 

(d) Accounts or notes receivable acquired in the ordinary course of trade or business for services rendered or from the sale of property described in paragraph (a) of this section. 
 

Sources: Laws,  1991, ch. 524, § 3, eff from and after January 1, 1992.