If a capital loss occurs, you can report the damage on your tax return, which can reduce your taxable income, and the sum of tax owed. However, it is essential to note that the Internal Revenue Service has different rules regarding the different types of capital losses. Depending on the type of loss you are experiencing, your income may be affected differently.
A capital loss occurs on the disposal of fixed assets that produce losses. To calculate whether you have a profit or a loss, start with the proceed of disposition, which is the amount you received for the sale of the business. If you have returned the property, use fair market value.
Reduce the adjusted cost base of the asset, the price you paid to buy it plus the cost of any capital improvement, and the costs involved in buying it. If the difference is negative, you can claim a capital loss on the tax return. You can only claim capital gains if you do not fall into one of the following categories.
An allowable business investment loss occurs when you have an investment property that is considered a loss. Assets in this category include shares of qualified small businesses and eligible farm and fishing properties, as well as non-performing debts of bankrupt or insolvent small businesses.
If you have an allowable business investment loss, you can apply for any business income, not just capital gains.
If you do not have enough income in the available year, you do not need to use the entire allowable business investment loss amount for the year in which it appears. Instead, you can transfer the allowable business investment loss back up to three years and forward up to ten years. In the eleventh year, any unused allowable business investment loss becomes a net capital loss. At that point, you can make endless net capital losses, but you can only claim them for capital gains.
If there is a capital loss related to the transfer of agricultural property, such as land, buildings, or equipment, this loss can be recovered three or ten years later. You can claim it against any declared income.
If you have limited farm losses, you can recover them three and twenty years later. Limited agricultural losses occur when agriculture is not the primary source of income.
If you have your own property that results in losses, you cannot usually report the loss on the tax return. If the loss is created by the supply of works of art, certain collectibles or jewelry, you can claim it on the tax return.
You can recover these losses over three years and advance over seven years, but you can only claim capital gains from the sale of other properties for personal use.
A partial capital loss occurs when you experience a capital loss, but you or your affiliate acquire the property within 30 days of the sale of the property. Unfortunately, it is not possible to claim partial losses on the tax return.
LLOYD J CAZES CPA