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Level 3
posted Sep 17, 2020 7:02:36 AM

form 1045 for 2018 NOL carry back

Dividend is my only income in 2018 & 2019 , I disposed my worthless / revoked shares in 2019 .I have filed form 4868 for tax extension ,do I still need to fill up form 1045 to carry back the 2019 NOL year even my year 2018 tax return has never been submitted yet

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1 Best answer
Level 15
Sep 17, 2020 7:38:36 AM

If your only losses are worthless securities, you probably do not have an NOL.

 

See https://www.irs.gov/publications/p536#en_US_2019_publink1000177328

16 Replies
Level 15
Sep 17, 2020 7:38:36 AM

If your only losses are worthless securities, you probably do not have an NOL.

 

See https://www.irs.gov/publications/p536#en_US_2019_publink1000177328

Level 3
Sep 17, 2020 7:36:44 PM

Thanks .... But my Capital losses on disposal of worthless securities in 2019 is in excess of my 2019 capital gains ,i need to carry back to 2018 .. 

 

do I still need to fill up form 1045 to carry back the 2019 NOL year even my year 2018 tax return has never been submitted yet ?

 

Level 15
Sep 17, 2020 8:06:01 PM


@leesm99pikl wrote:

Thanks .... But my Capital losses on disposal of worthless securities in 2019 is in excess of my 2019 capital gains ,i need to carry back to 2018 .. 


You do not have an NOL and you cannot carry back a capital loss.

 

You can deduct up to $3,000 in capital losses ($1,500 if you're married filing separately) and then the excess over that amount is carried forward to subsequent tax years.

Level 3
Sep 17, 2020 9:07:16 PM

You do not have an NOL and you cannot carry back a capital loss > refer to this ?

 

How To Figure an NOL

 

If your deductions for the year are more than your income for the year, you may have an NOL.

There are rules that limit what you can deduct when figuring an NOL. In general, the following items are not allowed when figuring an NOL.

  • Capital losses in excess of capital gains.

Level 15
Sep 18, 2020 1:27:30 AM

Now if your income is below the filing requirement ... even though the $3000 loss must be listed on the 1040 it does NOT create an NOL  and in fact the entire loss will be carried forward and not used currently.  Review the loss carryover worksheet to see how it is calculated.  

Level 15
Sep 18, 2020 6:35:37 AM


@leesm99pikl wrote:

You do not have an NOL and you cannot carry back a capital loss > refer to this ?

How To Figure an NOL

  • Capital losses in excess of capital gains.


That is the point; capital losses in excess of capital gains do not factor into the calculation of an NOL.

Level 3
Nov 1, 2020 4:24:53 AM

 

Level 15
Nov 1, 2020 5:57:21 AM

@leesm99pikl It does not appear as if you have an NOL (since a capital loss cannot generate one), but whether or not you receive a refund will depend upon other factors.

Level 3
Nov 1, 2020 7:30:34 PM

whether or not you receive a refund will depend upon other factors ... what are the factors please ?

Not applicable
Nov 1, 2020 9:01:47 PM

as stated you don't have a NOL. however,  you could receive a refund for federal withholding and a few credits.  many credits are nonrefundable or required earned income (wages, schedule C, or certain schedule E income) 

Level 3
Nov 1, 2020 10:45:26 PM

so should i submit my 2019 form 1040NR & 1045 ? TQ

Not applicable
Nov 2, 2020 2:09:55 AM

a 1045 is for the carryback of a NOL which based on your info you do not have. just submit the 1040NR

Level 3
Nov 13, 2020 8:18:45 PM

need to submit 1040NR for year 2018 as well ? Thanks 

Not applicable
Nov 13, 2020 10:31:21 PM

TurboTax doesn't support IRS Form 1040-NR (U.S. Nonresident Alien Income Tax Return), we have partnered with Sprintax to offer both federal and state tax preparation for international students, scholars, and nonresident foreign professionals.

Please visit the TurboTax/Sprintax site for more info.

https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html# 

Level 3
Nov 16, 2020 7:04:44 PM

sprintax never reply ..

Not applicable
Nov 16, 2020 10:35:25 PM

most automated 1040-NR serivces for 2019 are now closed.  you have the following choices:

search the web for free preparer 

prepare manually https://www.irs.gov/site-index-search?search=1040-nr&field_pup_historical_1=1&field_pup_historical=1 

search the web for a paid preparer.