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waikiki condo
Dec 8, 2008, 01:52 AM
In filing 1040NR.

Only US activity is Rental Real Estate. Total Expenses including depreciation exceeds Rental Income.

How do I carry forward the amount the loss exceeds income?

Mahalo.

AtlantaTaxExpert
Dec 8, 2008, 11:02 AM
IntlTax has pointed out that this may be "suspected inaccurate advice".

After exchanging PMs with him, I believe that he has a point, so let me revise it.

In preparing returns for the sale of capital assets (Schedule D for stock transactions), carrying forward losses are NOT permitted on non-resident alien tax returns. In fact, capital losses CANNOT even offset other income sources. This I know for fact.

Hence, it seems logical that, if such carrying forward is NOT permitted for stock transactions, it would NOT be permitted for rental real estate transactions for non-resident alien tax returns as well.

However, since I have NOT prepared a tax return with Schedule E losses for a non-resident alien (all of my clients' returns showed a profit on which taxes were paid), I cannot state for sure that such carrying forward of loss is not permitted on non-resident alien returns.

IntlTax
Dec 8, 2008, 11:28 AM
as a general principle, carrying forward losses is NOT permitted on non-resident alien tax returns.

Suspected inaccurate advice.