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Confused when figuring out my NOL manually, what belongs to Nonbusiness or Business Capital Losses/Gains?

I'm using the Worksheet 1- Figuring Your NOL in Pub 536 to calculate my NOL. When filling the number for Line 2/Line 3 "Nonbusiness capital losses/gains", and Line 11/12 "Business Capital Gains/Losses"- If I have 1040, Schedule 1, A, B, C, D, E, etc, which lines on which forms may contribute to the value of "Nonbusiness capital losses/gains" and "Business capital losses/gains"?

 

For example, my specific questions include:

  1. Does W2 wage, interest income, etc count as "Nonbusiness capital gain"?

  2. Does Line 31 Net Profit/loss in Schedule C count as "Business capital losses/gains"?

  3. Does Line 7 and Line 15 Short-term/Long-term capital gain/loss in Schedule D count as "Nonbusiness capital losses/gains"?

  4. Does K1 loss from S-corp and partnership count as "Business capital losses"?

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1 Reply
M-MTax
Level 10

Confused when figuring out my NOL manually, what belongs to Nonbusiness or Business Capital Losses/Gains?

You've got to remember that capital gains and losses come from the sales of property whether the property is used in a business or not used in a business. So stuff like interest, net profit or loss would not be capital gains or losses. Example = sale of rental property would be a business capital gain or loss.....sale of stock usually is a nonbusiness capital gain or loss.

K-1 losses could be counted or not depending on which line they're on and whether you materially participate or not.

Take a look at the examples below the worksheet on the IRS Pub.

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