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Level 2
posted Nov 21, 2020 6:58:03 AM

I neglected to use 2016 capital losses on my 2017 return. I have until Apr 2021 to amend 2017. Can I use capital losses from 2016 in my amended 2017 return?

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7 Replies
Level 15
Nov 21, 2020 7:18:23 AM
Level 2
Nov 21, 2020 7:25:46 AM

Further explanation may help with this question.  I also failed to use capital losses from 2014 and 2015.  To determine the correct carryover for the 2017 amended return, I did amended returns up through 2016.  I am assuming that the correct carryover for the amended 2017 should reflect what would have occurred if the prior-years had been properly filed.

Level 2
Nov 21, 2020 7:39:18 AM

Thanks Citter-3 but your link does not address using capital losses from a "closed" year.  

Level 15
Nov 21, 2020 7:48:24 AM

I am assuming that the correct carryover for the amended 2017 should reflectwhat would have occurred if the prior-years had been properly filed.   

 

That is correct ... you had to recompute the loss carryovers for all the missed years to have the correct amount for the 2017 return ... in fact you probably should mail in the old amended returns (even thou any refunds are mute) to support the calculation of the loss carryover to 2017. 

 

your link does not address using capital losses from a "closed" year.   Not sure what you mean ... use the amendment process to add the loss in the investment section.  

Level 2
Nov 21, 2020 9:40:35 AM

Another follow-on question.  I went through the exercise to prepare amended returns for 2014-2016 to calculate the available carryover capital losses to use in the 2017 amended return. I understand that the unused losses that would have resulted in amended refunds, if I had filed within the 3 year window, can never be recovered.  Do I have to actually file the amended returns for 2014-2016 in order to to use the carryover capital gains in my 2017 amended return,  even though I am no longer eligible for 2014-2016 amended refunds? 

Level 15
Nov 21, 2020 9:43:12 AM

Although you don't have to you do have to support the change on the 2017 return so at least include the loss carryover worksheets from those prior years so the IRS can follow the flow. 

Level 2
Nov 21, 2020 10:01:56 AM

Thanks again Critter-3.  I just saw that you already addressed my follow-on question!  Appreciate the help.  Sorry that I missed out on the capital losses for 3 years but at least I still have significant carryover to offset 2017 gains.  Not sure yet but I believe that I will still have some carryover for 2018-2019.  Just to confirm, missing the 3 year window forfeited my ability to file for amended refunds AND that capital gains that would have attributed to the forfeited refunds are lost?  

 

When I file 2014-2016 amended returns, is there a requirement to identify to the IRS that your amended return is outside of the allowable window?  They will look as if I am expecting a refund. 

 

Thanks again!