Sale of RSU (short term) and Capital Loss from previous personal investments, how is this calculate?

[danhnguyen310]

I have a capital loss from personal investments of $50k and been using the $3000 deduction for the past few years. In the current year, I have a RSU equivalent to $7500, if I sell all at the vested date (short term):

1. Can I offset this gain with my capital loss? $50k-$7500 = carry-over Capital Loss of $42,500 to next year?

2. If yes, am I still able to report $3000 Capital Loss on my next year tax return (from the balance $42500)? Will this make my carry-over amount to next year be $39500?

[TomYoung]

I don't know what an "RSU equivalent of $7500" means.

"1. Can I offset this gain with my capital loss? $50k-$7500 = carry-over Capital Loss of $42,500 to next year?"

Sure you can.  But that presumes you actually do have a short term capital gain of $7,500, which is sort of unlikely.  If "RSU equivalent of $7500" means "An RSU vested (or will vest) this year and I have a 'built in' gain of $7,500", then that's "compensation" income, not "capital gain".  In order to sell there resulting stock for a $7,500 gain the stock price between the date of vesting and the date of sale would have to appreciate considerably since you basis in the GROSS shares that vested is the same $7,500.

"2. If yes, am I still able to report $3000 Capital Loss on my next year tax return (from the balance $42500)? Will this make my carry-over amount to next year be $39500?"

If you really do have a capital gain of $7,500 then $7,500 of that gain will be absorbed by the carry forward loss and then $3,000 of the remaining carry forward loss will be applied to "other" income.

Tom Young