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Updated 29 days ago, 11/19/2024

User Stats

12
Posts
7
Votes
Rud Sev
  • New to Real Estate
  • Mountain View, USA
7
Votes |
12
Posts

Carry back or forward loss from sale of real estate

Rud Sev
  • New to Real Estate
  • Mountain View, USA
Posted

Hello,

I sold 2 properties at a loss in 2023, and one property for a small gain in 2023. When looking at my tax return from my CPA, the losses and gains show up on Form 4797 (Part I for the losses and the gain in Part III).

I noticed that the loss from Part I was shown on schedule 1 line 4. and helped zero my taxable income in Form 1040 line 15 (I had a negative total income on line 9 and 11). This is great, although it looks like I couldn't use the standard deduction due to the loss. I am having a doubt here, as this seems like active losses from the sale, whereas the property was a commercial rental property held > 1 year. This is my first flag.

My total income is negative, so my loss is greater than this year's income. However, my CPA has a carryover capital loss worksheet for next year which pulls in losses from Schedule D / Form 8949 (sell of stocks), but not the long term capital loss from selling rental income property (on form 4797). This is m second flag. I am also reading the section 1231 regarding net operating loss (NOL) and wonder if the leftover could be carried back on the last 2 years of tax return?

I am unsure if my CPA has: 1) mischaracterized the losses from the sale of my rental income properties, and 2) is missing out (either carry back for 2 years, or future carryover) the loss from the sale. If there is any doubt, I would seek a second opinion but I am unsure if my CPA is wrong in this case, or if I should question further. This may be trivial and I may be missing something simple.

Thank you for your help and guidance.

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