I have a question on incorrect capital loss carryover:
Suppose I have a capital loss carryover from last year of $10,000. I have a gain this year of $1000, and after claiming $3000, I should have a carryover of to next year. I make a mistake and forget to claim another $1000 gain, which only affects the carryover to next year. Will the IRS penalize me if I get audited?? It doesn't seem so as I incurred no new tax because of the mistake.
Thanks, Tom B.
Didn't find your answer? Ask the community — no account required.
E
Ernie Klein
Probably not, but you should file an amended return right away (with a corrected schedule D attached) before you do get audited - and you can be sure that you will get audited but it could take a year or more.
If the capital gains was reported on a 1099 form, the IRS's computers will eventually match that against your return and you will receive a computer generated letter asking you to explain the difference (audit).
R
removeps-groups
There won't be a penalty, because if you did get a CP2501 letter, you would use up $1000 of the unclaimed capital loss carryover. However, you should file an amended return (but no rush on it, meaning you can take 3 months to do it) because:
(1) So your capital loss carryover to the following year is correct. In reality your capital loss carryover to the next year is $5000 but in your original return you have it as $6000. If in your 2008 tax return you use up the $6000, then when you get the CP2501 letter for your 2007 return, you will write back with an amended return claiming an additional $1000 gain on Schedule D (which is what the CP2501 letter is for), but you will also use up an additional $1000 of your capital loss carryover. But then on your 2008 return you might owe interest because you claimed $6000 capital loss but should have claimed $5000. So basically, get your accounting straight before the end of 2008 just to save hassle down the road.
(2) So you don't have to deal with the CP2501.
Join the Discussion
Have something to add? Share your thoughts — no account required.
Didn't find your answer?
Ask the community — no account required
Report Content
You are reporting this content to the moderators. They will look at it
ASAP.