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Level 2
June 2, 2024
Question

If I sold shares at a loss in 2023, but received a class action award in 2024, do I need to amend the 2023 submission?

  • June 2, 2024
  • 1 reply
  • 12 views

The two responses received when this question was first posed, are not consistent about how to handle the settlement check received because a company was considered to have misrepresented the value of its stock when it purchase another company (in which I had stock) and transferred the stock shares to the new owner.  A class action suit was subsequently filed.  Last year (2023) that company itself was purchased and taken private.  My net sales in 2023 for shares transferred in 2017 resulted in a capital loss.  That was reported on 2023 taxes.  However, in May 2024, a class action settlement check was distributed to all those affected by the original stock transfer.  So the loss in 2023 was a real loss and reported as such.  My question is what is the impact of the 2024 claim settlement check.  I understand it is income and, as such, taxable.  But does is require that I amend 2023 submission and, if so, how.  Or do I handle the 2024 check simply at 2024 income without a 1099 form, since the settlement company has already indicated it will not send such forms?  Surely someone has had this issue before and there is some tax liability accurate answer and procedure.

 

  

    1 reply

    rjs
    Level 15
    Level 15
    June 3, 2024

    It would have been better if you had added a reply to your original question instead of posting a separate new question. That way you keep all of the discussion of your question in one place. When information is scattered in multiple threads it's confusing and hard to follow, and hard to see the whole picture.


    The two answers to your first post are consistent. I told you to report the payment on your 2024 tax return. @Hal_Al gave you detailed steps for reporting it on your 2024 tax return, without a 1099 form.


    Income that you receive in 2024 does not change your 2023 tax return. You report income that you received in 2024 on your 2024 tax return. You do not amend your 2023 tax return because of income that you received in 2024, even though the 2024 income is related to a 2023 transaction.

     

    reljjl1Author
    Level 2
    June 5, 2024

    So the answer provided seems to be reasonable about when the settlement claim was received; the problem is that the impact of the loss claims for this stock and others sold in 2023 has a carryover balance for subsequent years.  Unless the cost basis for the stock bought in 2017 and sold in 2023, when the company's new owner made it private, is modified by an amended return for 2023, that carryover is not changed.  In addition, the directions about the 1099 creation for 2024 are not straightforward to a novice.   

     

    I have been reading various articles prepared by Tax lawyers about the "Tax Benefit Rule" to seek a close example to this situation. Nothing quite aligns yet.

     

    I also have a Tax Advisor CPA recommend the above -described change to the 2023 cost basis with an amended return.

     

    Clearly there are alternate approaches.

    Level 15
    June 5, 2024

    If you are paying a CPA for their advice and they will defend you if audited, why are you asking anonymous strangers on the internet?

     

    I happen to agree that you leave 2023 alone and report the income in 2024.  If this reduces a carry forward (the $3000 loss limitation, for example) then you should recalculate the loss and carry forward based on the recovery, and use that information for future tax returns instead of the old information, but that does not requiring filing an amended return to change the tax you paid in 2023.   You would just use the revised carry forward information and keep your notes and records in case you are asked.  

     

    But I'm just another anonymous person.  If you are paying for advice from a reputable person who will stand behind that advice, then you should follow that instead.