30083

(a) If, for any taxable year, the net long-term capital gain of any taxable year exceeds the short-term capital loss, there shall be imposed, collected and paid, in lieu of the tax imposed by §§ 30071, 30072, and 30073 of this title, a tax determined as follows, but solely if such tax were lower that the tax imposed by said sections:(1) Firstly, a partial tax shall be computed on the net income without including the total amount of the excess of the net capital gain at the rate and in the manner as if this section did not exist.(2) Then, an amount equal to fifteen percent (15%) of such excess shall be determined.(3) The total tax shall be the partial tax computed under clause (1), plus the amount computed under clause (2). History —Jan. 31, 2011, No. 1, § 1023.03, retroactive to Jan. 1, 2011.