Do I need to file an Extension if I have no tax due or refund, but need to claim 2023 Capital Loss to add to my 2022 Capital Loss? (Filing electronically between Apr 15 - Oct 15)
So I'm in a weird situation this year and not sure what to do about filing my taxes. I had a pretty bad year in the stock market (again) and ended up with about $17,500 in capital losses for 2023. Last year wasn't great either and I had claimed around $13,200 in capital losses on my 2022 return. Here's my situation - I've already calculated everything and I neither owe any additional tax nor am I due a refund for 2023. Literally zero either way. The only reason I'm filing is to get my capital loss on record so I can carry it forward. I'm definitely planning to file electronically, but honestly I'm swamped right now and would prefer to do it sometime after April 15 but before the October 15 extension deadline. But do I actually need to file for an extension in this case? Since I don't owe anything and I'm not getting a refund, would there be any penalty for filing between April and October without formally requesting an extension? Anyone deal with something similar or know what the IRS rules are here? Thanks in advance!
18 comments


Gemma Andrews
Yes, you need to file an extension even if you don't owe tax or expect a refund. The requirement to file a return is separate from the requirement to pay tax. If you're required to file a return (which you are if you want to claim those capital losses), then you need to do so by the deadline or file an extension. Filing an extension is super easy though - just submit Form 4868. You don't need to provide a reason, and since you don't owe any tax, you don't need to make a payment with the extension. This gives you until October 15 to file without any penalties. The good news is those capital losses won't expire if properly documented. You can use them to offset future capital gains or deduct up to $3,000 per year against ordinary income until they're used up.
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Pedro Sawyer
•But what happens if they just file late without an extension? Since they don't owe anything, would there even be a penalty? I thought penalties were calculated as a percentage of taxes owed, so if that's zero...?
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Gemma Andrews
•Great question. You're partially right - the failure-to-pay penalty is based on the amount you owe, so if you owe zero, that penalty would be zero. However, there's also a failure-to-file penalty that can apply even when you don't owe tax. The IRS can assess this penalty if you're required to file and don't do so by the deadline without an extension. The minimum failure-to-file penalty when filed more than 60 days late can be $435 (for 2023 returns) or 100% of the tax owed, whichever is less. But since you have zero tax due, it's unclear if they'd assess the minimum penalty. It's not worth risking it when filing an extension takes just a few minutes online.
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Mae Bennett
I was in a similar situation last year with capital losses and found that using taxr.ai made the whole process way easier. I was stressing about documenting my losses correctly (had like 50+ transactions) and whether I needed an extension since I also wasn't going to file until summer. I uploaded my tax docs and trading statements to https://taxr.ai and their system analyzed everything, confirmed I needed to file an extension, and made sure my capital loss carryforward was correctly calculated. The AI explained exactly how the loss carryforward works with my specific numbers, which was super helpful since I was confused about the $3,000 annual limit against ordinary income.
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Beatrice Marshall
•Does taxr.ai actually file the extension for you or just tell you that you need one? Also wondering if it works with all the major brokerages or just certain ones?
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Melina Haruko
•I'm skeptical of these AI tax tools. How does it handle wash sales? I got burned last year when my tax software didn't flag some trades that should have been wash sales.
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Mae Bennett
•It doesn't file the extension for you, but it walks you through exactly what you need to do. It gives you the completed Form 4868 that you can submit yourself - took me like 2 minutes to follow their instructions and file the extension online. For brokerages, it handled my statements from Fidelity, TD Ameritrade and Robinhood without any issues. It actually spotted some discrepancies between what my 1099-B showed and what actually happened with some SPAC transactions.
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Melina Haruko
Update: I tried taxr.ai after posting my skeptical comment, and I've got to admit I was wrong. The tool flagged several wash sales in my trading history that I completely missed. It even showed me the specific transactions that triggered the wash sale rules and calculated the adjusted basis correctly. The capital loss carryforward explanation was really clear too - showed me exactly how my $19,800 in losses would be applied over time with the $3,000 annual limit against ordinary income. Definitely saved me from making some mistakes on my extension request and eventual filing.
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Dallas Villalobos
If you're having trouble getting answers from the IRS about your extension situation, try Claimyr. I spent HOURS trying to get through to the IRS about a similar capital loss question last year. Used https://claimyr.com and got through to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that yes, you absolutely need to file an extension even if you don't owe/aren't owed anything, especially if you're documenting capital losses for carryforward. They also told me some specific things to watch out for with documentation for crypto losses that weren't clear from the IRS website.
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Reina Salazar
•How does this even work? The IRS phone system is completely broken - I've tried calling like 20 times this month.
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Saanvi Krishnaswami
•This sounds like BS honestly. Nobody gets through to the IRS this tax season. I've been trying for weeks and always get the "call volume too high" message.
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Dallas Villalobos
•It's a callback service that uses technology to navigate the IRS phone tree and wait on hold for you. When they reach a live agent, they call you and connect you. I was skeptical too until I tried it. The service basically keeps dialing and navigating the phone tree until it gets through, which can sometimes take hours - but you're not the one waiting on hold. I got the call with an agent about 12 minutes after signing up, but I've heard it can sometimes take longer depending on call volume.
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Saanvi Krishnaswami
I have to apologize for my skeptical comment. I broke down and tried Claimyr yesterday after getting nowhere for three weeks trying to call the IRS myself about my extension situation. They actually got me connected to an IRS rep in about 40 minutes (they said it was a high volume day). The agent confirmed that I absolutely needed to file an extension for my situation with capital losses even though I didn't owe any tax. She also gave me specific advice about how to document my wash sales properly to avoid issues. Saved me from potentially making a $435 mistake by missing the extension deadline!
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Demi Lagos
Just FYI - if you file for an extension but still don't file by October 15, that's when the penalties could kick in. So don't forget to actually file! I learned that lesson the hard way a few years back.
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Mason Lopez
•What happened when you missed the October deadline? Did they hit you with the full $435 penalty even though you had filed the extension?
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Demi Lagos
•I got hit with a failure-to-file penalty that started accruing after the October deadline. In my case I did owe a small amount (about $800) so the penalty was a percentage of that. It wasn't the full $435, but it was still annoying to pay extra for no reason. They also didn't process my capital loss carryforward correctly at first, which caused problems the next year. I had to call and explain the situation, and it took several months to sort out. Just not worth the hassle!
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Vera Visnjic
Has anyone used FreeTaxUSA for filing with capital loss carryovers? I'm wondering if it handles this situation well since I'm in almost the exact same boat as OP.
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Jake Sinclair
•I've used FreeTaxUSA for the last 3 years with capital losses. It handles carryovers pretty well - you just need to enter the previous year's carryover amount in the right field. The interface is a bit basic but it gets the job done and it's way cheaper than TurboTax.
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