Covered Security
Contents
Decoding the World of Covered Securities: A Comprehensive Guide
The Intricacies of Covered Securities
Navigating the financial landscape can be daunting, especially when it comes to understanding securities and their regulations. One term that often emerges in this realm is 'covered securities.' But what exactly does this term signify? In essence, covered securities refer to those that enjoy federal exemptions from state-imposed regulations and restrictions. It's a concept rooted in simplifying and standardizing regulatory compliance across the vast and varied U.S. market.
Why Were Covered Securities Introduced?
Imagine a scenario where each state imposes its unique set of regulations on securities. The resulting compliance maze would be both cumbersome and costly for companies. Recognizing this challenge, covered securities were introduced to streamline this process. Rather than compelling companies to navigate the intricate web of state-specific regulations, covered securities allow for a more unified approach.
According to the Securities and Exchange Commission (SEC), compliance costs can vary dramatically across states. For instance, in Texas, these costs can be as low as a mere $100 fee plus 0.1% of the securities' value sold. Contrastingly, Florida imposes a straightforward $1,000 fee. This disparity underscores the need for a standardized approach, making covered securities a pivotal tool in ensuring consistency and reducing compliance burdens.
The Legislative Backbone: National Securities Market Improvement Act
The 1996 National Securities Market Improvement Act serves as the legislative cornerstone that reshaped the regulatory landscape for securities. This act not only superseded state-specific regulations but also provided clear definitions for what qualifies as a covered security, often termed as a 'federal covered security.'
Under this act, securities listed on prominent public exchanges like the New York Stock Exchange and Nasdaq National Market automatically qualify as covered securities. Additionally, stocks traded on specific tiers of exchanges such as the Pacific Exchange, Philadelphia Stock Exchange, and Chicago Board Options Exchange fall under this category. The umbrella of covered securities also extends to options listed on the International Securities Exchange.
Furthermore, investment companies that are registered or have filed under the Investment Company Act of 1940 are also considered covered securities. This designation is particularly relevant when selling these securities to qualified purchasers, as defined by the SEC.
Evolution of Covered Securities: A Timeline
The landscape of covered securities is not static but rather evolves with changing market dynamics and regulatory needs. For instance:
Stocks in corporations, including American depositary receipts (ADR), acquired post-January 1, 2011, are classified as covered securities.
Both types of securities acquired through dividend reinvestment plans (DRIP) on or after January 1, 2012, also fall under this category.
The definition extends to two classes of bonds, derivatives, and options. Less-complex varieties purchased after January 1, 2014, and their complex counterparts acquired post-January 1, 2016, are deemed covered securities.
Tax Implications of Covered Securities
When it comes to taxation, covered securities warrant special attention. Brokers are mandated to disclose the adjusted cost basis of these securities to the Internal Revenue Service (IRS) upon their sale. This crucial information is reported on Form 1099-B. Additionally, taxpayers are required to report transactions involving covered securities when filing their taxes.
It's important to note that if a single investment account contains both covered and non-covered securities, they will be treated distinctly for tax purposes. Securities purchased post-2011, along with shares from dividend reinvestment plans and mutual funds acquired post-2012, are typically classified as covered securities. In contrast, securities purchased before these dates fall under the non-covered category, where the adjusted cost basis isn't reported upon sale.