If I had a loss carryforward from 2009 and no returns have been filed since due to being below the income filing limit, can I use the loss carry forward now?

[lknight5555]

The sale was from my grandaughter's UTMA.  Her income since the sale has been minimal dividends and interest.  I am thinking I should subtract any income from the 2009 loss as if I had filed a return if I can carry the loss forward.  Would this return be problematic with the IRS.  I don't want the kid to have any troubles.

[Hal_Al · Accepted solution]

That is essentially correct. But not exactly.  You should reduce the capital loss carry forward by any amount that would have been used up, had she filed returns for years 2010-2017. 

If she did not have enough income to file for those years, she most likely will be able to carry forward the entire amount. 

Technically, if your standard (or itemized) deduction is greater than your AGI, without  the capital loss, then all your capital loss is carried forward. That would be the case for a dependent child, who did not have enough income to file a return. 

For a full explanation, see https://ttlc.intuit.com/questions/2566411-do-i-have-to-use-a-capital-loss-carryforward-even-if-i-hav...