Capital Loss Definition and Reporting Requirements (2024)

What Is a Capital Loss?

A capital loss is the loss incurred when a capital asset, such as an investment or real estate, decreases in value. This loss is not realized until the asset is sold for a price that is lower than the original purchase price.

Key Takeaways

  • A capital loss is a loss incurred when a capital asset is sold for less than the price it was purchased for.
  • In regards to taxes, capital gains can be offset by capital losses, reducing taxable income by the amount of the capital loss.
  • Capital gains and capital losses are reported on Form 8949.
  • The Internal Revenue Service (IRS) puts measures around wash sales to prevent investors from taking advantage of the tax benefits of capital losses.

Understanding a Capital Loss

The tax attribute of capital loss is essentially the difference between the purchase price and the price at which the asset is sold, where the sale price is lower than the purchase price. 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. When a position is liquidated for a sale price that is less than the purchase price, taxable income is reduced on a dollar-for-dollar basis (making it exempt income). Net losses of more than $3,000 can be carried over to the following tax year to offset gains or directly reduce taxable income. Substantial losses carry forward to subsequent years until the amount of the loss is exhausted.

Reporting a Capital Loss

Capital losses and capital gains are reported on Form 8949, on which dates of sale determine whether those transactions constitute short- or long-term gains or losses. Short-term gains are taxed at ordinary income rates. Thus, short-term losses, matched against short-term gains, benefit high-income earners who have realized profits by selling an asset within a year of purchase, because their taxable income is reduced.

Long-term capital gains, in which investors are taxed at rates of 0%, 15%, or 20% when profiting from a position held longer than one year, are likewise offset by capital losses realized after one year.

Form 8949 reports the description of assets sold, the cost basis of those assets, and the gross proceeds from sales, ultimately determining whether aggregate sales result in a gain, loss, or wash. A loss flows from Form 8949 to Schedule D, which determines the dollar amount used to reduce taxable income.

Capital Losses and Wash Sales

Wash sales involving capital losses are exemplified in the following scenarios. After dumping XYZ stock on November 30 to claim a loss, the Internal Revenue Service (IRS) disallows the capital loss if the same stock is purchased on or before December 30, requiring the investor to wait 31 days before the repurchased security can be sold again to claim another loss.

The rule does not apply to the sale and repurchase of a mutual fund with similar holdings. Sidestepping the rule, a dollar amount sold in Mutual Fund One can be fully reinvested in the Mutual Fund Two, for example, preserving the right to claim a subsequent loss while maintaining exposure to a similar portfolio of equities.

Capital Loss Definition and Reporting Requirements (2024)

FAQs

What is required to report capital losses? ›

You must report all 1099-B transactions on Schedule D (Form 1040), Capital Gains and Losses and you may need to use Form 8949, Sales and Other Dispositions of Capital Assets. This is true even if there's no net capital gain subject to tax.

What is defined as a capital loss? ›

What Is a Capital Loss? A capital loss is the loss incurred when a capital asset, such as an investment or real estate, decreases in value. This loss is not realized until the asset is sold for a price that is lower than the original purchase price.

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.

How much capital loss can you write off against income? ›

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 reporting 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.

How to declare capital loss? ›

To claim capital losses, complete Schedule 3 of your return and transfer the amount to line 12700 of your Income Tax and Benefit Return. If your capital loss exceeds your capital gains for the year, you may carry the loss back to one of the three previous years.

How do I calculate my capital loss? ›

A capital gain or loss is the difference between what you paid for a capital asset (like bonds, mutual funds, ETFs, real property, or stocks) and what you sold it for.

What is the risk of capital loss? ›

Otherwise known as investment risk, permanent loss of capital is the risk that you might lose some or all of your original investment, if the price falls and you sell for less than you paid to buy.

How many years can you carry forward capital losses? ›

If the net amount of all your gains and losses is a loss, you can report the loss on your return. You can report current year net losses up to $3,000 — or $1,500 if married filing separately. Carry over net losses of more than $3,000 to next year's return. You can carry over capital losses indefinitely.

What happens if capital losses exceed capital gains? ›

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.

What is a serious loss of capital? ›

Public companies: duty of directors to call meeting on serious loss of capital. (1) Where the net assets of a public company are half or less of its called-up share capital, the directors must call a general meeting of the company to consider whether any, and if so what, steps should be taken to deal with the situation ...

What is the time limit for capital losses? ›

If you do not normally complete a tax return, you shouldwrite to HMRC to claim any capital losses or you may lose them. In these circ*mstances you normally have four years from the end of the tax year when you want to make the claim to actually make the claim for losses.

Can capital losses offset income? ›

Key takeaways

If you have more capital losses than gains, you may be able to use up to $3,000 a year to offset ordinary income on federal income taxes, and carry over the rest to future years.

Can you offset a capital loss against other income? ›

Capital gains losses, cannot be set against income arising in the tax year, except where they arise from unlisted shares and securities, in certain circ*mstances. See box 41 of SA106 notes form more information. In general, capital gains losses can only be carried forward and set against a future capital gain.

What is the difference between ordinary loss and capital loss? ›

An ordinary loss is fully deductible to offset income thereby reducing the tax owed by a taxpayer. Capital losses occur when capital assets are sold for less than their cost. Taxpayers are allowed to deduct up to a certain limit for capital losses, whereas there is no limit for ordinary losses.

Do you get a 1099 for capital losses? ›

Taxpayers must use Form 8949 and Schedule D to report capital gains and losses. Completion of Form 8949 and Schedule D requires information from Form 1099-B and Form 1099-DIV or a 1099 Consolidated Statement and from taxpayer records.

What form do I need to report capital loss carryover? ›

These instructions explain how to complete Schedule D (Form 1040). Complete Form 8949 before you complete line 1b, 2, 3, 8b, 9, or 10 of Schedule D. To report a capital loss carryover from 2022 to 2023.

How will you set off capital losses in income tax? ›

Set off of Capital Losses

The Income-tax Act,1961 does not allow loss under the head capital gains to be set off against any income from other heads – this can be only set off within the 'Capital Gains' head. Long Term Capital Loss can be set off only against Long Term Capital Gains.

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