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Capital Losses from more than 3 years ago unclaimed

Personal Finance & Money Asked by DumbMoney123 on April 29, 2021

I had capital losses from 2014, 2015, and 2016, but here it is 2020 and I haven’t claimed any capital gains or losses on my US tax returns since then. Is there anything I can do to get a benefit from this now?

I had about 80, 30, 30 loss for each of those years and I had no gains. I wanted to just save the capital losses for when I did have some gains (I had no gains until 2020 this year). The gains in 2020 are about 20k. Can I avoid claiming the 3000 against income and just carry forward everything year after year?

I was doing some research and I saw that
"You can amend a return at any time, but you can generally only claim a refund for up to 3 years from the date the return was due or 2 years from the date the tax was paid. "

Doing a little more research I see "The tax law says you have to use a capital loss before you’re allowed to use a personal exemption." Does this mean I would be able to amend a return from 2014, 2015, 2016, even though the deadline is past to receive a refund for those years in order to update the carry forward after reducing it by 3000 in each of those years?

One Answer

I'd use Dave's comment/advice. Starting with 2014, create the amended return. Do it right, if there were no gains, $3000 of the loss goes against ordinary income. The rest gets carried forward. Send it in, and they'll send a response that you are too late for that refund. Then file 2015 using the same process. You'll lose $3000 of loss for each year that's 2018 or prior. $15K out of the $140K is unfortunate, but not tragic.

Answered by JTP - Apologise to Monica on April 29, 2021

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