Dana, aged 60, reviews three items of investment income in her taxable account for 2026. She bought 1,000 shares of a domestic operating company on 20 January 2026, the shares went ex-dividend on 10 February 2026, she received 4,000 dollars of dividends on them, and she sold the entire position on 15 March 2026, a holding period of 54 days. She also received 3,000 dollars of ordinary dividends from a listed equity real estate investment trust she has held for three years, and 2,000 dollars of interest on a United States Treasury note. Which statement about the tax treatment of these three payments is correct?
- AThe 4,000 dollars of dividends is qualified dividend income taxed at long-term capital gain rates, because the payer is a domestic corporation and the dividend was paid out of its earnings and profits.
- BThe 4,000 dollars of dividends is taxed at ordinary income rates, because a 54 day holding period fails the requirement to hold the shares for more than 60 days within the 121 day window surrounding the ex-dividend date. Correct
- CThe 3,000 dollars of real estate investment trust dividends is qualified dividend income, because Dana held those shares for three years and so cleared the 60 day holding period around every ex-dividend date.
- DThe 2,000 dollars of Treasury interest is exempt from federal income tax, while the state in which Dana lives may tax that same 2,000 dollars as ordinary income at its own rate.
Why A is wrong: Tempting because a domestic payer is one of the tests, but it is not the whole test. Qualified treatment also requires the shares to be held for more than 60 days inside the 121 day window that opens 60 days before the ex-dividend date, and 54 days falls short of that.
Why B is correct: Correct. The payer and the source of the payment both qualify, so the holding period is the binding test, and at 54 days Dana misses it. Selling roughly three weeks later would have preserved the preferential rate on the same 4,000 dollars.
Why C is wrong: The holding period is comfortably satisfied, which is what makes this attractive, but a trust's ordinary dividends come from income that was not taxed at entity level, so they are taxed at ordinary rates. They may instead be eligible for the deduction for qualified real estate investment trust dividends.
Why D is wrong: This reverses the rule. Interest on a Treasury obligation is fully taxable for federal purposes and exempt from state and local income tax, the opposite pattern to a municipal bond, whose interest is exempt federally and generally taxed by states other than the issuing state.