The formulas
- Net loss = -(net short-term + net long-term) when negative
- Deduction = lesser of net loss and $3,000 ($1,500 married filing separately)
- Treated as a short-term gain for carryover = lesser of the deduction and adjusted taxable income
- Short carryover = net short-term loss - net long-term gain; long carryover = net long-term loss - net short-term gain
How it works
Under section 1211(b), capital losses offset capital gains in full and then ordinary income up to $3,000 a year ($1,500 if married filing separately). Any excess carries forward indefinitely under section 1212(b), and it keeps its short-term or long-term character.
Section 1212(b)(2) treats the deduction you used as a short-term gain when working out the carryover, limited by adjusted taxable income. That ordering uses up short-term losses first. Adjusted taxable income is taxable income increased by the capital loss deduction and any section 151 deduction.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Do I enter carryovers from earlier years?
Yes. Include carryovers in the short-term and long-term net amounts.
Is there a time limit?
Section 1212(b) carries the loss to the succeeding year and the same rule repeats each year, so there is no expiration in the text.
What if I have both gains and losses?
Enter the net short-term and net long-term amounts after netting within each group.
Sources
- 26 U.S.C. §1211 Limitation on capital losses, Cornell Legal Information Institute
- 26 U.S.C. §1212 Capital loss carrybacks and carryovers, Cornell Legal Information Institute
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