Using up capital losses

May 22, 2011 1 Replies

I have a substantial capital loss carry forward. I will be starting a new business that should generate good income. What might be the best form of company, LLC, Corporation, etc. that will allow repatriation of funds in a format that allows me to offset my capital losses. I prefer to avoid a salary and have to deduct SSI, etc.


Your use of the term "repatriation" is confusing -- are you in a foreign country?

SSI typically means "supplemental security income", maybe you meant FICA?

Just about any form of business except perhaps a regular corporation will require a "salary" subject to payroll (self-employment) taxes. And a regular corporation will be subject to corporate income tax.

Except for the $3K/year allowance, capital losses are only allowed to offset capital gains. So, you would need to create a business that does

*not* generate "good income", but rather only grows in value, so that you can sell it someday. This seems to happen mostly with high-technology or "dot com"-style startups, and even then, it often doesn't work out. I don't thing the exact form of entity (LLC, corporation, etc) makes much difference.

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