Capital Losses and Tax (2024)

It's never fun to lose money on an investment, but declaring a capital loss on your tax return can be an effective consolation prize in many cases. Capital losses have a limited impact on earned income in subsequent tax years, but they can be fully applied against future capital gains. Investors who understand the rules of capital losses can often generate useful deductions with a few simple strategies.

Key Takeaways

  • A capital loss—when a security is sold for less than the purchase price—can be used to reduce the tax burden of future capital gains.
  • There are three types of capital losses—realized losses, unrealized losses, and recognizable losses.
  • Capital losses make it possible for investors to recoup at least part of their losses on their tax returns by offsetting capital gains and other forms of income.

The Basics

Capital losses are, of course, the opposite of capital gains. When a security or investment is sold for less than its original purchase price, then the dollar amount difference is considered a capital loss.

For tax purposes, capital losses are only reported on items that are intended to increase in value. They do not apply to items used for personal use such as automobiles (although the sale of a car at a profit is still considered taxable income).

Tax Rules

Capital losses can be used as deductions on the investor’s tax return, just as capital gains must be reported as income. Unlike capital gains, capital losses can be divided into three categories:

  1. Realized losses occur on the actual sale of the asset or investment.
  2. Unrealized losses are not reported.
  3. Recognizable losses are the amount of a loss that can be declared in a given year.

Any loss can be netted against any capital gain realized in the same tax year, but only $3,000 of capital loss can be deducted against earned or other types of income in the year. Remaining capital losses can then be deducted in future years up to $3,000 a year, or a capital gain can be used to offset the remaining carry-forward amount.

For example, an investor buys a stock at $50 a share in May. By August, the share price has dropped to $30. The investor has an unrealized loss of $20 per share. They hold the stock until the following year, and the price climbs to $45 per share. The investor sells the stock at that point and realizes a loss of $5 per share. They can only report that loss in the year of sale; they cannot report the unrealized loss from the previous year.

Another category is recognizable gains. Although all capital gains realized in a given year must be reported for that year, there are some limits on the amount of capital losses that may be declared in a given year in some cases. While any loss can ultimately be netted against any capital gain realized in the same tax year, only $3,000 of capital loss can be deducted against earned or other types of income in a given year.

For example, Frank realized a capital gain of $10,000. He also realized a loss of $30,000. He will be able to net $10,000 of his loss against his gain, but can only deduct an additional $3,000 of loss against his other income for that year. He can deduct the remaining $17,000 of loss in $3,000 increments every year from then on until the entire amount has been deducted.

However, if he realizes a capital gain in a future year before he has exhausted this amount, then he can deduct the remaining loss against the gain. So if he deducts $3,000 of loss for the next two years and then realizes a $20,000 gain, he can deduct the remaining $11,000 of loss against that gain, leaving a taxable gain of only $9,000.

The Long and Short of It

Capital losses do mirror capital gains in their holding periods. An asset or investment that is held for a year or less, and sold at a loss, will generate a short-term capital loss.

A sale of any asset held for more than a year, and sold at a loss, will generate a long-term loss. When capital gains and losses are reported on the tax return, the taxpayer must first categorize all gains and losses between long and short term and then aggregate the total amounts for each of the four categories.

Then the long-term gains and losses are netted against each other, and the same is done for short-term gains and losses. Then the net long-term gain or loss is netted against the net short-term gain or loss. This final net number is then reported on Form 1040.

For example, Frank has the following gains and losses from his stock trading for the year:

  • Short-term gains: $6,000
  • Long-term gains: $4,000
  • Short-term losses: $2,000
  • Long-term losses: $5,000
  • Net short-term gain/loss: $4,000 ST gain ($6,000 ST gain - $2,000 ST loss)
  • Net long-term gain/loss: $1,000 LT loss ($4,000 LT gain - $5,000 LT loss)
  • Final net gain/loss: $3,000 short-term gain ($4,000 ST gain - $1,000 LT loss)

Again, Frank can only deduct $3,000 of the final net short- or long-term losses against other types of income for that year and must carry forward any remaining balance.

Tax Reporting

A new tax form was recently introduced. This form provides more detailed information to the Internal Revenue Service (IRS) so that it can compare gain and loss information with that reported by brokerage firms and investment companies. Form 8949 is now used to report net gains and losses, and the final net number from that form is then transposed to the newly revised Schedule D and then to the 1040.

Capital Loss Strategies

Although novice investors often panic when their holdings decline substantially in value, experienced investors who understand the tax rules are quick to liquidate their losers, at least for a short time, to generate capital losses. Smart investors also know that capital losses can save them more money in some situations than others. Capital losses that are used to offset long-term capital gains will not save taxpayers as much money as losses that offset short-term gains or other ordinary income.

Wash Sale Rules

Investors who liquidate their losing positions must wait at least 31 days after the sale date before buying the same security back if they want to deduct the loss on their tax returns.

If they buy back in before that time, the loss will be disallowed under the IRS wash sale rule. This rule may make it impractical for holders of volatile securities to attempt this strategy, because the price of the security may rise again substantially before the time period has been satisfied.

But there are ways to circumvent the wash sale rule in some cases. Savvy investors will often replace losing securities with either very similar or more promising alternatives that still meet their investment objectives.

For example, an investor who holds a biotech stock that has tanked could liquidate this holding and purchase an ETF that invests in this sector as a replacement. The fund provides diversification in the biotech sector with the same degree of liquidity as the stock.

Furthermore, the investor can purchase the fund immediately, because it is a different security than the stock and has a different ticker symbol. This strategy is thus exempt from the wash sale rule, as it only applies to sales and purchases of identical securities.

How Much Capital Loss Can You Claim?

As per the IRS, the amount of capital loss you can claim is as follows: "If your capital losses exceed your capital gains, the amount of the excess loss that you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss shown on Schedule D.

Are Capital Losses Tax Deductible?

Yes, capital losses are tax deductible but up to a limit. Capital losses are first applied to capital gains; to offset them. Short-term gains and losses are offset against each other and long-term gains are offset against each other. From there, the losses are offset against any gain, up to $3,000.

How Do I Claim a Capital Loss on a Tax Return?

To claim capital losses on your tax return, you will need to file all transactions on Schedule D of Form 1040, Capital Gains and Losses. You may also need to file Form 8949, Sales and Other Disposition of Capital Assets.

The Bottom Line

Capital losses make it possible for investors to recoup at least part of their losses on their tax returns by offsetting capital gains and other forms of income. For more information on capital losses, download the Schedule D instructions from the IRS website at www.irs.gov or consult your financial advisor.

Capital Losses and Tax (2024)

FAQs

Can you write off 100% of stock losses? ›

If you own a stock where the company has declared bankruptcy and the stock has become worthless, you can generally deduct the full amount of your loss on that stock — up to annual IRS limits with the ability to carry excess losses forward to future years.

What happens if you only have capital losses? ›

If your capital losses exceed your capital gains, the amount of the excess loss that you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total net loss shown on line 16 of Schedule D (Form 1040), Capital Gains and Losses.

How much do you get back in taxes for capital losses? ›

What happens if your losses exceed your gains? The IRS will let you deduct up to $3,000 of capital losses (or up to $1,500 if you and your spouse are filing separate tax returns). If you have any leftover losses, you can carry the amount forward and claim it on a future tax return.

Is it worth claiming capital losses? ›

You almost certainly pay a higher tax rate on ordinary income than on long-term capital gains so it makes more sense to deduct those losses against it. It's also beneficial to deduct them against short-term gains which have a much higher tax rate than long-term capital gains.

Why is capital loss limited to $3,000? ›

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated. The $3,000 loss limit rule can be found in IRC Section 1211(b). For investors with more than $3,000 in capital losses, the remaining amount can't be used toward the current tax year.

What happens if you lose 100% of your stock? ›

When a stock's price falls to zero, a shareholder's holdings in this stock become worthless. Major stock exchanges actually delist shares once they fall below specific price values.

Can capital losses offset regular income? ›

The Internal Revenue Service (IRS) allows investors to use capital losses to offset up to $3,000 in ordinary income per year. But to understand this concept fully, it's crucial to explore what capital losses are, the distinction between short-term and long-term losses, as well as the rules surrounding capital losses.

How many years can you carryover capital losses? ›

In general, you can carry capital losses forward indefinitely, either until you use them all up or until they run out. Carryovers of capital losses have no time limit, so you can use them to offset capital gains or as a deduction against ordinary income in subsequent tax years until they are exhausted.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Can I offset capital losses against income? ›

Losses made from the sale of capital assets are not allowed to be offset against income, other than in very specific circ*mstances (broadly if you have disposed of qualifying trading company shares). You cannot claim a loss made on the disposal of an asset that is exempt from capital gains tax (CGT).

What is an example of a capital loss? ›

Understanding a Capital Loss

For example, if an investor bought a house for $250,000 and sold the house five years later for $200,000, the investor realizes a capital loss of $50,000. For the purposes of personal income tax, capital gains can be offset by capital losses.

Are capital losses 100% deductible? ›

Any excess net capital loss can be carried over to subsequent years to be deducted against capital gains and against up to $3,000 of other kinds of income. If you use married filing separate filing status, however, the annual net capital loss deduction limit is only $1,500.

How to prove stock is worthless? ›

The investor must confirm that the stock has no market value and that the company is not operating or is in liquidation.

How do you benefit from capital losses? ›

Capital losses are usually set against the capital gains that arise in the same year as the loss, reducing the total taxable gains for that year. Losses not used in this fashion are normally carried forward to be set against the next available gains.

Can you write off stocks if you lose money? ›

Yes, but there are limits. Losses on your investments are first used to offset capital gains of the same type. So, short-term losses are first deducted against short-term gains, and long-term losses are deducted against long-term gains. Net losses of either type can then be deducted against the other kind of gain.

Can a stock lose more than 100%? ›

A drop in price to zero means the investor loses his or her entire investment: a return of -100%. To summarize, yes, a stock can lose its entire value. However, depending on the investor's position, the drop to worthlessness can be either good (short positions) or bad (long positions).

How much stock loss can I carry over? ›

Net capital losses in excess of $3,000 can be carried forward indefinitely until the amount is exhausted. Due to the wash-sale IRS rule, investors need to be careful not to repurchase any stock sold for a loss within 30 days, or the capital loss does not qualify for the beneficial tax treatment.

Can you offset stock losses against tax? ›

If the shares that have become worthless are not in a company quoted on the stock exchange, but in a private company, for example, a family trading company, you may be able to set off your loss against income of the same tax year in which the loss is made or the previous one.

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