dcdp68
New Member

Using carryover capital loss on real estate gains (less than 1 year ownership)

I entered the 2023 tax season with the following carryovers.

       -Short-Term Capital Loss: $15,000

       -Long-Term Capital Loss: $10,000

In years past I have claimed the $3,000 loss to my ordinary income out of these losses.

During 2023 I sold two pieces of real estate.

Property 1: 

            -Owned 2 Months

            -Net Gain $25,000

Property 2: 

            -Owned 10 Months

            -Net Gain $44,000

 

1. Is it correct that neither of the carry-over capital losses can be used to offset the real estate gains because all real estate gains held for less than 1 year are treated as ordinary income?

2. If the properties were sold after owning them for 13 months could I have used both the Short & Long term carry-over capital losses?

3. If the properties were sold after owning them for 25 months could I have used both the Short & Long term carry-over capital losses?