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    msfantastic's Avatar
    msfantastic Posts: 13, Reputation: 1
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    #1

    Feb 4, 2010, 08:55 PM
    Do I have to use capital loss carryover when I have no taxable income?
    I have over $3000 of capital loss carryover from 2008. It was a loss from stock sales. I have no taxable income for 2009 (had income but less than total deductions). I understand that I am allowed to use -$3,000 of loss carryover to offset the income. When my total income is less than $2,000 and my taxable income is zero, do I still have to use - $3,000 of loss carryover? Can I carry the whole amount to 2010 instead?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 4, 2010, 12:11 PM
    No, you cannot carry over the full loss to 2010.

    You must claim $3,000 of the loss in 2009, even if you do not need it and even if you do NOT file a tax return for 2009.

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