Selling an asset at a loss may seem like a negative scenario, but it can present a silver lining – capital loss tax deductions. While capital gains taxes are due on profits when you sell an investment, capital losses allow you to deduct those from your taxes when the situation arises.

What is a Capital Loss Tax Deduction?

Firstly, let’s understand how capital gain taxation works in general. Short-term capital gains (investments held for less than one year) are taxed at ordinary income tax rates, which are determined by your marginal tax bracket. Conversely, long-term capital gains (assets held for more than a year) enjoy preferential discounted tax rates, as shown in the following table for 2023 and 2024:

Tax YearShort-Term Capital Gains Tax RatesLong-Term Capital Gains Tax Rates
2023Ordinary income tax rates0% (if in 15% or lower bracket)
15% (for the 15-25% tax brackets)
20% (for the 26-39.6% tax brackets)
37% (for the 40+% tax brackets)
2024Ordinary income tax rates0% (if in 15% or lower bracket)
15% (for the 15-25% tax brackets)
20% (for the 26-39.6% tax brackets)
37% (for the 40+% tax brackets)

Capital loss tax deductions apply when you sell an investment at a loss, reducing your overall tax liability. These losses may either be used to offset capital gains or applied as a deduction from ordinary income, depending on whether you have any gains that year.

Understanding Short-Term and Long-Term Capital Gains

To better comprehend how capital loss tax deductions work in relation to short-term and long-term capital gains, let’s consider an example. Suppose you have a $20,000 gain from selling a stock you held for one year (long-term) and a $35,000 loss on a different stock sold after just six months (short-term).

In this case, your long-term capital gains of $20,000 would be subject to the applicable long-term capital gains tax rates. However, you can offset these gains by applying the short-term losses to first reduce or eliminate the $20,000 gain, thereby reducing your overall tax burden. The remaining $15,000 in losses ($35,000 – $20,000) can be used as a deduction from your ordinary income on your federal tax return.

Capital Loss Deduction Example for 2023 and 2024

Let’s examine how capital loss tax deductions play out in practice using the aforementioned tax rates and brackets:

  • In 2023, you sell an investment at a $15,000 loss. If your income falls within the 26-39.6% tax bracket, this loss would be applied to reduce your ordinary income by $15,000, thus reducing your tax liability according to that bracket’s rate (26-39.6%).
  • In 2024, you incur a $28,000 capital loss. If your income places you in the 40+% tax bracket, this loss would be applied as a deduction from your ordinary income, potentially moving you into a lower tax bracket with more favorable rates (e.g., 37% to 20%, or 37% to 15%, depending on your income).

The $3,000 Annual Limit and Capital Loss Carryovers

While there is a $3,000 deductible capital loss limit per year ($1,500 for married individuals filing separately), you can carry over any excess losses into the following year. This process is known as a capital loss carryover. You can keep carrying over the capital loss balance to future years until it’s completely depleted.

However, the amount you can deduct in a specific year is dependent on your current tax rate, not the previous year’s rates. For instance, if you have $10,000 of losses carried over from 2023 and earn $80,000 in 2024, you could deduct the entire $10,000 from your income if you were in the 26-39.6% tax bracket for that year.

The Value of Capital Loss Tax Deductions

Capital loss tax deductions are particularly valuable when you have capital gains to offset or need to reduce your overall tax liability, such as during years with high income and/or significant investment returns. Conversely, it may be more advantageous to carry over losses into future years if your income is lower in subsequent years, allowing you to take advantage of the losses at a later date.

Being able to deduct from your income to save money on taxes is always beneficial, but it can be especially valuable in specific scenarios like those outlined above. Always consult with an independent financial advisor for tailored advice based on your individual situation.

For more information about capital losses and related topics, refer to IRS Topic 409 and Publication 550. Your capital gains and losses will be calculated on IRS Form 8949 and reported on the Schedule D form of your 1040 tax return.

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