I have a $1770 capital loss carryover from 2021. I lived in two states, OR and CA in 2022. Can I claim this on both state tax returns?

[e-g-wilson]

I was a resident of Oregon in 2021 when the tax loss occurred.  I filed an Oregon state tax return last year.

I moved to California in February 2022.  It seems like I can claim this full amount on both state tax returns for 2022.  Is that right?  My wages and interests and dividends are split.  

Oregon says (and part (b) applies to me since I was a resident there in 2021 when the loss occurred): 
OAR [phone number removed] - Application of Capital Losses and Capital Loss Carryforwards — Oregon A...

Rule [phone number removed]
Application of Capital Losses and Capital Loss Carryforwards

(1) Part-year resident and nonresident returns.

(a) A nonresident is allowed a capital loss or capital loss carryforward on the Oregon return when attributable to Oregon sources.

(b) A part-year resident is allowed a capital loss or capital loss carryforward on the Oregon return if the loss was incurred while a nonresident and is attributable to Oregon sources or if the loss was incurred while a resident.

(c) The amount of the capital loss or capital loss carryforward that is not attributable to Oregon sources may not be included as Oregon taxable income on the Oregon tax return. The capital loss or capital loss carryforward not attributable to Oregon sources cannot be used to reduce a capital gain attributable to Oregon sources.

California seems to allow you to also take the full capital loss carryforward.  2022 Instructions for California Schedule D (540) | FTB.ca.gov

Line 6 – California capital loss carryover from 2021

If you were a resident of California for all prior years, enter your California capital loss carryover from 2021. However, if you were a nonresident of California during any taxable year that generated a portion of your 2021 capital loss carryover, recalculate your 2021 capital loss carryover as if you resided in California for all prior years. Get FTB Pub. 1100, Taxation of Nonresidents and Individuals Who Change Residency, for more information. Enter your California capital loss carryover amount from 2021 on line 6.

Thanks for your expertise!

[Bsch4477]

No. When California is describing a capital loss it’s referring to a CALIFORNIA capital loss. That is a non- resident who had a loss on an investment in California. Your loss was in Oregon. 

[e-g-wilson]

Thank you.  As a theoretical question, what would happen in this same situation if the capital loss on this stock was much larger, say $10,000 and I had an additional $6,000 loss remaining to carry forward to 2023 and 2024.  Would this be applicable to the California state tax return?  Or would I continue to file Oregon state tax returns even though I no longer live there and get a tax credit?

[Bsch4477]

Since the loss only applies to Oregon, if you had no tax liability for Oregon going forward you would just not be able to use the Oregon loss.