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Level 4
April 6, 2020
Solved

Waive or Defer $3,000 Capital Loss in 2019 to 2020

  • April 6, 2020
  • 4 replies
  • 53 views

Since all other income in 2019 is below taxable income level, is there any way, the tax payer can defer or waive the $3,000 capital loss (out of a total cap loss of $8,000) offset in 2019 and defer as carry forward to 2020 with the balance carried forward cap loss?

In Pro Series Professional, the only way to do is to override the cell but it is not eligible for efile.

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Best answer by itonewbie

There is no ambiguity around this and PS will handled it correctly.  If you look at §1.1211-1(b)(2), you will see that it won't reduce the taxable income to below zero (even though it may appear on Line 6 that the entire $3,000 is being allowed on the return for no tax benefit).

4 replies

Level 6
April 6, 2020

take a look at capital loss carryover worksheet-I believe if the loss is not used-then the loss is carried over automatically--I have seen this on my older and lower income returns-no override req'd

Just-Lisa-Now-
Intuit Community Champion
April 6, 2020

chaestax is correct, it will carry over automatically, you don't need to do anything special.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
itonewbie
itonewbieAnswer
Level 15
April 6, 2020

There is no ambiguity around this and PS will handled it correctly.  If you look at §1.1211-1(b)(2), you will see that it won't reduce the taxable income to below zero (even though it may appear on Line 6 that the entire $3,000 is being allowed on the return for no tax benefit).

---------------------------------------------------------------------------------Still an AllStar
Level 2
August 11, 2020

Thank you for everyones contribution, however I am still unclear with this. 

If I have a USD 10,000 capital loss carry forward from 2019, how do I carry forward the entire amount of USD 10,000 to 2020?

On schedule D, Part III, line 21, can one enter USD 0 when filing using turbotax, or are we forced to enter the smaller of the loss on line 16 or USD 3,000, as written in the instructions?

If I am forced to enter USD 3,000 per year for 3 years and not be able to offset with any capital gains, I would only have USD 1,000 of capital losses to carry forward in 4 years.

If I have a capital gain of USD 12,000 in 5 years, with no more capital losses to carry forward, I would have to pay capital gain taxes on the full USD 12,000?  Ideally I would like to carry forward the entire amount USD 10,000 capital losses from 2019 to the year I need to use these capital losses.  With this example, I would expect to pay taxes on 12,000 (capital gains yr 2025) -10,000 (capital losses yr 2019) = USD 2,000.  Is this possible?

qbteachmt
Level 15
August 11, 2020

You don't get to "save this for a later year."

"When you figure the amount of any capital loss carryover to the next year, you must take the current year's allowable deduction into account, whether or not you claimed it and whether or not you filed a return for the current year." (Pub 550)

I found these articles/topics for you to read:

https://ttlc.intuit.com/community/investments-and-rental-properties/discussion/do-not-need-carryover-capital-loss-this-year-can-i-save-for-next-year/00/669075

https://finance.zacks.com/long-capital-gains-losses-carry-forward-3552.html

Example: "For a large loss and no capital gains, your loss will carry forward indefinitely with a $3,000 reduction in the carry amount each year until it reaches zero."

Don't yell at us; we're volunteers
Level 2
August 11, 2020

Thanks for the explanation and supporting links! Very effective and clear. 

Level 3
February 13, 2023

Many of those providing answers are not reading the question properly. The question is "can the $3,000 be deferred, or is it mandatory for $3,000 to be included in the current year as an above-the-line deduction. In other words, if the standard/itemized and other deductions would be enough to offset income to be $0 taxable, can the entire capital loss be carried forward without applying $3,000 of the loss in the current year.

The answer to your question: in each year that an excess capital loss cannot be used to offset all capital gain, a minimum $3,000 capital loss must be considered (i.e., applied on the current year tax return as an above-the-line deduction). This would be mandatory, even in the case where other deductions (i.e. HSA, itemized deduction/standard deduction) would otherwise have offset taxable income to $0.

Even if after sustaining a capital loss in a particular year you did not file a tax return, in the subsequent year you'd have to reduce the available capital gains loss by $3,000.

Example:

In tax year 2020 you sustained a capital loss of $20,000. Your gross W-2 (box 1) income of $4,000 was your only income, with no income tax withholding and no estimated tax payments. Although without the $3,000 capital loss deduction your standard deduction would have reduced your taxable income to $0 (and therefore you would not have needed to file a tax return), you'd still have to reduce the $20,000 loss by $3,000 and would only carry over $17,000 to your 2021 tax return.

Consequently, if you'd been required to file a 2020 tax return, but other deductions would have otherwise reduced your taxable income to $0, you'd still have been required to apply the $3,000 capital loss as an above-the-line deduction and carry over $17,000 to 2021.

qbteachmt
Level 15
February 13, 2023

"can the entire capital loss be carried forward without applying $3,000 of the loss in the current year."

I'm pretty sure it's been clearly answered, and more than once:

@abctax55 

"You don't get to pick/choose."

"I don't know how to be more specific...  THERE IS NOT A CHOICE OR DECISION !!"

@qbteachmt 

I gave two scenarios and explained it gets used if they are not already to 0. I also stated, "You don't get to "save this for a later year.""

We included lots of links, so that people can learn for themselves.

And three years ago, when this was asked and answered, the OP included: "Great Help not leaving anything to ambiguity ! 101 Cheers"

But applicable info is always helpful when others come across an old topic that might be useful to them, as long as the regulations for the issue have not changed in the meantime. That's always a consideration when updating old topics.

Don't yell at us; we're volunteers