Passive loss carryforward for non-resident state level (GA) return

[Vanessa A]

Correct.  If you never filed, you would not amend, just file.

Because you need to carry it over each year.  You cannot skip a year.  So it has to be applied consecutively. 

[plawlor78]

Thanks @Vanessa A. I'll file for each year going back to 2020 then. Can I file all of those at basically the same time: 2020 then 2021 then 2022 then 2023? 

I'm still unsure about your example, why would you use $3000 on the 2021 return if you had no gains? Why wouldn't you just file each year, adding the current year passive losses to the carryover losses? 

If I get TurboTax Live, would they be able to help with entering all of this into the state returns?

[Vanessa A]

Yes.  You can file them all basically at the same time.

The $3,000 was an example for federal. However, you filed your federal returns, just not Oregon non resident return if I understand correctly at this point?  

The IRS has you use $3,000 per year against  your ordinary income. Oregon does not.  So your losses are only used against your gains for Oregon.  Therefore, every year that you have gains, you could apply the loss carry forward to.  Any year you do not have gains, you will need to file JUST to carryover the loss. 

TurboTax live generally only files the current year returns.  

OAR 150-316-0006 Application of Capital Losses and Capital Loss Carryforwards

[plawlor78]

@Vanessa A, correct, I have been filing my federal and California tax returns each year, but I was not filing in non-resident states where I only had passive real estate losses from K-1 partnerships.

I think that I understand conceptually what should happen, so now I need to figure out how to enter it through TurboTax for Oregon. For example, should I be entering values here, especially for the carryforward losses

Would the carryforward losses be entered as suspended losses?