Capital Loss Carryover Filling Requirement

[kpmaloney]

Scenario:

• Capital loss carryover occurred several years ago
• Past few years have not required filing taxes; only income from social security
• If home is sold can the capital loss carryover be applied to the gains, even though it has been several years since filing taxes with the capital loss carryover documented?

Thanks for assistance.

[Anonymous]

Bottom line, there appears there is no actual requirement to file a return, where one is not otherwise required to be filed. However, since the carryover is based upon the results of a prior year return, the taxpayer would have to be able to reconstruct the prior year's returns to prove the carryover if challenged on the amount of the carryover.

some op's have reported that they had no problems with their capital loss carryover when they weren't required to and didn't file intervening years.  

the worse that could happen is that IRS asks for those prior year returns.  however, based on your statements that would only be  a 1040 and schedule D

[Hal_Al]

Simple answer: Yes, you can use the entire capital loss carry forward against this year's capital gains.

But taxes aren't simple. Technically, you should complete mock returns for those others years, to calculate the actual amount of carry forward.   You are allowed to use you standard or itemized deductions to reduce your taxable income before having to use your capital loss. But, you have to use your capital loss before you use your exemptions amounts.  If your only income was Social Security, your taxable income is zero, so it's pretty certain that the entire amount carried forward.  I wouldn't bother to do the calculations, unless you hear from the IRS (unlikely).

If the home was your primary residence, you are allowed a capital gain exclusion of $250,000 ($500,000 Married filing jointly). You must have owned and lived in the home for at least 2 of the 5 years prior to sale.