Lucy196
Returning Member

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Hi George,

 

Thank you for information and kind reply.  After reading your reply, I got more questions. suppose a person (assume single status) has capital loss 21k in 2021. in 2021 tax return, he/she can deduct 3k loss, and carry 18k loss to 2022. Then he/she choose 475f before 4/18/2022,

 

my question is:

1:  when he/she file 2022 return, his/her capital loss carry over to 2022 is 18k which he/she can only deduct 3k loss (because it was capital loss in 2021 when he/she did not select 475f),

 can he/she still carry remaining 15k capital loss to 2023 and beyond even he made 475f selection for 2022?

2: after he/she made 475f selection before 4/18/2022, assume he/she did not has w2 income or and other income in 2022, 2023 and beyond, only possible income is from stock treading. Suppose he/she had bad year in 2022 and  he/she had capital loss (now consider as original loss) 25k in 2022,   can he/she carry 25k original loss to  2023 and beyond?  The reason I ask  question 2 is because I have  impression that you can only carry original loss limit to 80% of your taxable income of next year (in this case 2023). But since the person do not have any other taxable income but loss here, it seems he/she cannot carry original loss 25k to next year (zero * 80% = zero) , is it the case? Thanks a lot.