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Capital Loss Carryover Duration

 

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Subject Author Date
Capital Loss Carryover Duration kukreja.rajan 01-15-2007
Posted by Seth Breidbart on January 16, 2007, 3:15 am
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> I would really appreciate if anyone could advice me on this.
>
> I had capital loss of $36,948 in stock market during
> 1999-2001 period out of that I only claimed $3000 once. Can
> I claim the remaining amount as capital loss carrrover in my
> 2006 tax return.
>
> Thanks in advance

You need to file amended returns for every year from the
first after you had a loss carryover until now. You only
get back the taxes for the last 3, but you need the others
to show the amount of carryover still available.

The carryover that was used in 2002 (for 2001 tax year) is
lost if not taken then. For years after that you can still
get a refund.

Seth

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Posted by kukreja.rajan on January 19, 2007, 12:42 am
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Let me further explain it. The last return I filed was in
2001, in which I mentioned the capital loss carryover of
$36,948. I never filed the return for the period 2002-2004,
as I had no income in US during that period because I am not
a citizen of US and I was back in my home country during
that period of time. I came back to US in Dec 2005 again,
filed the return for 2005 because I worked for 3 weeks
during that year. I did not mention anything about capital
loss carry over in my 2005 return because my gross income
for that period was only $1,354.

So now I was wondering if I could offset $3000 limit from
my taxable income of 2006. I have no capital gains to
offset. Any advice on how to proceed on this would be highly
appreciated.

Thanks
Raj

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<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
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<< to this newsgroup as well as our anti-spamming policy >>
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Posted by Harlan Lunsford on January 19, 2007, 8:06 pm
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kukreja.rajan@gmail.com wrote:

> Let me further explain it. The last return I filed was in
> 2001, in which I mentioned the capital loss carryover of
> $36,948. I never filed the return for the period 2002-2004,
> as I had no income in US during that period because I am not
> a citizen of US and I was back in my home country during
> that period of time. I came back to US in Dec 2005 again,
> filed the return for 2005 because I worked for 3 weeks
> during that year. I did not mention anything about capital
> loss carry over in my 2005 return because my gross income
> for that period was only $1,354.
>
> So now I was wondering if I could offset $3000 limit from
> my taxable income of 2006. I have no capital gains to
> offset. Any advice on how

Ah, all is clear. You still need to do the worksheets for
intervening years and retain in your files. And for those
years the capital losses are suspended, so you will
effectively resume in 2006.

ChEAr$,
Harlan Lunsford, EA n LA

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by L K Williams on January 21, 2007, 4:18 pm
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ukreja.rajan@gmail.com wrote:

> Let me further explain it. The last return I filed was in
> 2001, in which I mentioned the capital loss carryover of
> $36,948. I never filed the return for the period 2002-2004,
> as I had no income in US during that period because I am not
> a citizen of US and I was back in my home country during
> that period of time. I came back to US in Dec 2005 again,
> filed the return for 2005 because I worked for 3 weeks
> during that year. I did not mention anything about capital
> loss carry over in my 2005 return because my gross income
> for that period was only $1,354.
>
> So now I was wondering if I could offset $3000 limit from
> my taxable income of 2006. I have no capital gains to
> offset. Any advice on how to proceed on this would be highly
> appreciated.

You say you are not a US citizen and did not have any income
in the US between 2002 and 2005, except $1,354. You do not
say what visa or residence status you do have. Are you a
greencard holder? Or otherwise considered a permanent
resident of the US? Did you have income in your home
country during these years?

If you were a US resident, you are required to file a US tax
return and report ALL worldwide income. So, the amount of
capital loss carryover may not be determined from the facts
available.

Lanny K. Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by kukreja.rajan on January 21, 2007, 4:18 pm
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Harlan Lunsford wrote:
> kukreja.rajan@gmail.com wrote:

>> Let me further explain it. The last return I filed was in
>> 2001, in which I mentioned the capital loss carryover of
>> $36,948. I never filed the return for the period 2002-2004,
>> as I had no income in US during that period because I am not
>> a citizen of US and I was back in my home country during
>> that period of time. I came back to US in Dec 2005 again,
>> filed the return for 2005 because I worked for 3 weeks
>> during that year. I did not mention anything about capital
>> loss carry over in my 2005 return because my gross income
>> for that period was only $1,354.
>>
>> So now I was wondering if I could offset $3000 limit from
>> my taxable income of 2006. I have no capital gains to
>> offset. Any advice on how

> Ah, all is clear. You still need to do the worksheets for
> intervening years and retain in your files. And for those
> years the capital losses are suspended, so you will
> effectively resume in 2006.

Thanks for your valuable inputs. I have filled the Form
1040; in Schedule D in Line 6 I have entered unused
short-term loss of $33,948. As in 2001 return I showed the
short-term loss of $36,948. 2001 return was the last return
when I claimed capital loss of $3000. I didn't file the
return for 2002, 2003, 2004 as during that period of time I
had no income and I was non-resident alien during that
period. I filed the return for 2005 but didn't file Schedule
D, as my income was very less to offset i.e. $1,354.

So now my question is that

1. Can I simply carryover capital loss of 2001 into this
year return and wait for any query/audit from IRS as they
might get suspicious by finding that from what source this
capital loss is getting carried over as I filed for 2005 but
didn't mentioned about that in that return or should I tag
any kind of note with the return that this capital loss is a
carryover from 2001 which was never used during 2002 - 2005.

2. Do I need to amend the return of 2005 just to reflect the
capital loss carryover. I am not sure whether this is
required.

3. Last but not least do I need to maintain the capital loss
carry over worksheet and attach to the return. As I never
did that before because all I had was losses which I incured
during boom time and my only source of income is W-2. No
other investment/property etc so my return is very simple
except that complex capital loss carry over.

Regards
Raj

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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