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Diego Fisher

Can I completely write off stock losses from a failed bank? Tax loss limits question

I owned shares in Valley National Bank (VLYB) which collapsed earlier last year and was seized by the FDIC (later JP Morgan ended up purchasing most of its assets). For those not following the banking drama, the stock basically crashed to nothing and technically became a penny stock (ticker changed from VLYB to VLYBB). I sold my remaining shares for literally pennies each in December just to close out the position completely. I'm trying to figure out how to handle this on my taxes this year. Can I deduct the entire loss from these worthless bank shares? I vaguely remember reading something about a $3,000 maximum loss deduction limit per year, but I'm not clear if that applies in cases where a company completely fails. Does anyone know the rules around writing off stock losses in this situation? Any advice would be really appreciated!

You can definitely claim those stock losses, but there are some important limitations. The $3,000 rule you're remembering is correct - if your capital losses exceed your capital gains in a tax year, you can deduct up to $3,000 of those losses against your regular income ($1,500 if married filing separately). But that doesn't mean you lose the rest of the deduction! Any losses beyond that $3,000 limit can be carried forward to future tax years. So if you lost say $10,000 on those Valley National Bank shares, you could deduct $3,000 this year, and then carry forward $7,000 to use in future tax years (again, up to $3,000 per year against ordinary income). Make sure you report this on Schedule D of your tax return. Since you actually sold the shares (even for pennies), it's a realized loss which is what you need for the tax deduction.

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That makes sense, but do the rules change if the stock became completely worthless because of a bank failure rather than just a regular market loss? I've heard there might be different treatment for worthless securities.

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The rules for worthless securities and bank failures are actually quite similar to regular capital losses. You still have that same $3,000 annual limit against ordinary income, regardless of why the stock lost value. There is a special consideration for worthless securities - you can claim the loss in the year the stock became completely worthless, even if you didn't sell it. But since you actually sold your shares for pennies, you've already "realized" the loss, which makes it straightforward to claim on your taxes. Just make sure to document when the shares became worthless and your basis (what you originally paid).

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I need to eat my words about Claimyr. After my skeptical comment I decided to try it anyway since I was desperate to confirm how to handle my Silicon Valley Bank losses before filing. Shockingly, they actually did get me through to an IRS representative in about 45 minutes. The agent walked me through exactly how to document my worthless security loss and confirmed I can carry forward losses beyond the $3,000 annual limit indefinitely until I use them up. They also explained that I need to keep records showing when the stock became worthless (news articles, FDIC announcements, etc.) in case of audit. Definitely changed my view on dealing with the IRS - no more wasting entire days on hold! Worth every penny for complex tax situations like these failed bank stocks.

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Just a heads up for anyone with worthless stocks - make sure you report the correct dates! The IRS considers a stock to be worthless in the year it actually became worthless, not necessarily when you sell it for pennies. For the failed banks last year, the date of FDIC takeover is generally considered the worthless date. Also, keep good records about your cost basis (what you originally paid) because that determines your loss amount. If you bought shares at different times at different prices, you'll need to calculate the average cost or identify specific lots.

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What if I already filed my taxes but didn't include these losses? Can I file an amended return to claim them or would that increase my audit risk?

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You can absolutely file an amended return to claim losses you forgot to include. Use Form 1040-X for the amendment along with a corrected Schedule D showing the capital losses. The general time limit for filing amendments to claim a refund is within 3 years from the date you filed your original return or within 2 years from when you paid the tax, whichever is later. As for audit risk, claiming legitimate losses you're entitled to shouldn't significantly increase your risk if you have the documentation to support them. Just make sure you keep records showing your basis in the shares and evidence of when they became worthless.

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Sophia Miller

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Anyone using TurboTax to report these bank stock losses? I'm trying to figure out where exactly to enter this and if it'll automatically handle the carryforward amounts.

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Mason Davis

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In TurboTax, you need to go to the Investments & Rental Properties section, then select Stocks, Mutual Funds, Bonds, Other. It will ask for the sale information and your cost basis. Make sure to enter your actual sales (even if pennies) rather than just marking it as worthless. It does track carryforward losses automatically for future years.

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