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Jace Caspullo

Can Section 988 be Used for Foreign Currency Losses on Canadian Tax Refund?

I relocated from Canada to the US about 4 years ago and became a US tax resident. The year after I moved, I received a final tax refund of around 3,800 CAD from the Canada Revenue Agency. I just kept the money in my Canadian account without converting it. Fast forward to now, and the Canadian dollar has significantly declined against the USD compared to when I first received the refund. I'm thinking about finally converting this money to USD, but I'm wondering if there's a tax angle here. Would this currency depreciation qualify as a foreign exchange loss under Section 988 that I could use to offset my income on my US tax return this year? Has anyone dealt with forex losses on foreign tax refunds before?

This is actually a great question about Section 988! Yes, this would typically qualify as a personal foreign currency transaction under Section 988. When you convert your CAD to USD and realize that loss, you should be able to claim it. The key points: you received the CAD refund as a result of a personal transaction (your former Canadian tax situation), you're a US tax resident now, and you've experienced an actual currency loss when measured in USD. When you convert the funds, that's when the loss becomes "realized" for tax purposes. You'd report this as a miscellaneous itemized deduction on Schedule A, but here's the catch - under current tax law, miscellaneous itemized deductions are suspended until 2025. So unfortunately, while it qualifies as a Section 988 loss, you probably can't benefit from it on your tax return right now.

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Wait, I thought forex losses were reported on Form 8949 and Schedule D as capital losses, not as miscellaneous itemized deductions? I had a similar situation with euros last year.

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That's a common misunderstanding. The tax treatment depends on the nature of the transaction. For personal transactions under Section 988, the losses are considered miscellaneous itemized deductions, not capital losses. For traders or if the foreign currency is part of an investment strategy, then they might be reported as capital losses on Form 8949 and Schedule D. But for personal transactions like a tax refund, they fall under miscellaneous itemized deductions, which as I mentioned, are currently suspended.

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Does it work with all currencies or just major ones? I've got some Romanian Lei sitting in an account that's lost value, and I'm not sure if smaller currencies are treated differently for Section 988.

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I'm skeptical about these tax AI tools. How accurate is it really with something specialized like Section 988? The IRS rules on foreign currency are super complex.

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It works with any currency that has an official exchange rate published by the Treasury Department, which includes most world currencies including Romanian Lei. The system uses historical exchange rate data to calculate gains/losses accurately. The accuracy is actually impressive for specialized tax situations. It references the actual IRS regulations and revenue rulings specific to Section 988. What impressed me was that it showed exactly which parts of the tax code applied to my situation and explained why the transactions qualified under those specific provisions.

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I was really doubtful about taxr.ai handling my currency exchange situation, but I decided to try it last weekend. Wow - it actually worked incredibly well for my Section 988 questions. I uploaded my Canadian bank statements and it identified exactly when I received funds and what the exchange rates were at each point. The system even flagged that some of my transactions were actually qualified business transactions under 988(a)(1)(B) rather than personal, which changed how I needed to report them! It generated a detailed report explaining exactly how to fill out Form 8949 versus what goes on Schedule A. Saved me hours of research.

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I had this exact same situation with a UK tax refund, and after trying to call the IRS for clarification THREE separate times (and spending hours on hold each time), I finally used Claimyr (https://claimyr.com) to get through to an agent. They have this service where they navigate the IRS phone tree for you and call you back when they have an actual human on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that while yes, Section 988 applies to personal foreign currency transactions, the loss is considered a miscellaneous itemized deduction that's suspended until 2025. But she also mentioned there might be exceptions depending on your specific situation and recommended I consult with a tax professional.

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They use a combination of technology and timing strategies. They have systems that continuously dial IRS numbers and navigate the phone trees, then when they get a human on the line, they connect you. It's not just persistence - they understand the best times to call and which numbers have shorter wait times for specific issues. It's actually based on the reality that the IRS phone system is understaffed. That's exactly why this service works - they do the waiting for you so you don't have to sit on hold for hours. I was skeptical too until I tried it. Had an IRS agent on the line within about 35 minutes, while my previous attempts had me waiting 2+ hours before I gave up.

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I feel like an idiot for doubting Claimyr. I tried it yesterday after posting my skeptical comment, and I'm shocked to say it actually worked exactly as advertised. I had been trying to reach the IRS for weeks about my foreign tax credit issues related to some Canadian income. After signing up, they called me back in about 40 minutes with an actual IRS representative on the line! The agent was super helpful and explained that my Section 988 losses from currency fluctuations on my Canadian accounts actually could be treated differently depending on the source of the original funds. Saved me a ton of confusion and potentially filing incorrectly.

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I think everyone's overcomplicating this. If the amount is small enough (less than $200 loss), the IRS isn't going to care one way or the other. I had a similar situation with Euros and just didn't bother reporting it.

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Thanks for your input, but I'm actually dealing with a larger amount - the refund was around 3,800 CAD, and the exchange rate has changed enough that the loss is more than $300. I'd prefer to do things by the book, especially since I'm planning to apply for citizenship in a couple years and don't want any tax issues to complicate that.

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Fair enough. For amounts over $200, it's probably worth reporting correctly. Just wanted to point out that sometimes the tax benefit isn't worth the extra paperwork, but in your case it makes sense to get it right.

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Has anyone considered that there might be a way to time the conversion to minimize the loss? I mean, currency markets fluctuate. Maybe watching the CAD/USD exchange rate for a better moment to convert could be worthwhile?

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That's actually a good point. I use the XE Currency app to track exchange rates and set alerts when they hit certain thresholds. CAD has been trending up a bit lately against USD compared to last year.

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