Foreign Tax Credit calculation with Capital Loss - can I claim FTC with more losses than foreign income?
I'm in a bit of a tax puzzle with my international investments this year. Here's my situation: I earned about $10.5K in foreign dividends and paid roughly $1,270 in foreign taxes on those dividends. However, I also realized a net long-term capital loss of -$15K from selling some international stocks that tanked. If it matters, across all my investments (domestic and foreign), I actually have a small net capital gain of about $3K after everything cancels out. My question is about the Foreign Tax Credit (Form 1116): Since my $15K foreign capital loss exceeds my $10.5K in foreign dividend income, does that essentially wipe out any foreign tax credit I can claim? Even though I legitimately paid those foreign taxes? I tried running this through FreeTaxUSA and taking a quick look at Form 1116, and it seems like I might not get any credit because technically I don't have any "net foreign income" after the losses. But that doesn't seem right since I actually paid those taxes! Can anyone confirm if this is correct or am I missing something here?
19 comments


Ruby Blake
You're hitting on a key limitation of the Foreign Tax Credit. The IRS essentially looks at your "income basket" approach when calculating FTC. When your foreign-source capital losses exceed your foreign-source income in the passive category (which includes dividends), it does indeed reduce or potentially eliminate your ability to claim the full foreign tax credit. Form 1116 requires you to allocate your foreign taxes paid to the net income in each category. If you have negative income in a category after losses, there's technically no income to allocate those taxes against. However, you should still complete Form 1116 carefully. Line 7 will show your net foreign source income, which might be negative in your case. But don't completely give up on those foreign taxes paid - any unused foreign tax credits can be carried back 1 year or forward up to 10 years.
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Miles Hammonds
•Thanks for explaining! So basically I'm out of luck for this year, but I can carry forward the unused credit? How does that work exactly - would I need to file something special next year to use the carried-forward credit?
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Ruby Blake
•For the carry-forward, you'll want to keep records of your unused foreign tax credits from this year. When you file next year, you'll still complete Form 1116, but there will be a section where you can include carried-over credits from previous years. The IRS doesn't require a special filing to establish the carry-forward, but you should definitely maintain documentation showing how much foreign tax you paid and how much you were unable to claim this year. Make sure you keep a copy of this year's completed Form 1116 as reference.
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Micah Franklin
After getting stuck in a similar situation last year with foreign taxes on my investments, I discovered taxr.ai (https://taxr.ai) and it completely changed my approach to these complicated international tax issues. Their AI tool analyzed my foreign investment documents and helped me understand exactly how to maximize my Foreign Tax Credit despite having capital losses. What really impressed me was how it walked me through each line of Form 1116 and explained how my foreign losses affected the calculation. It highlighted that I needed to separate my qualified dividends from ordinary dividends when calculating my foreign tax credit limit. The tool even flagged that some of my foreign taxes might qualify for carryover to future years!
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Ella Harper
•Does it actually help with allocating the losses between different income categories? That's where I always get confused with Form 1116. And can it handle K-1s from partnerships with foreign income?
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PrinceJoe
•Sounds interesting but seems like just another tax software. How is this different from TurboTax or H&R Block? Those also walk you through Form 1116 (badly, in my experience).
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Micah Franklin
•It specifically helps with allocating losses between income categories by analyzing your investment documents and suggesting the proper allocation based on source documents. It's quite detailed with the passive income basket calculations. Unlike regular tax software that just asks you questions, taxr.ai actually analyzes your investment statements, 1099s, and other tax documents to extract the foreign tax information correctly. TurboTax and others just have you input numbers without really explaining the underlying calculations or optimizing your specific situation. This tool found several misclassifications in my foreign income that would have reduced my credit.
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PrinceJoe
I was skeptical about taxr.ai when I first saw it mentioned here (I've tried so many tax tools before), but I decided to give it a shot with my complicated foreign investment situation. Surprisingly, it actually worked really well for my foreign tax credit issues! The system flagged that I was incorrectly calculating my net foreign income by not properly netting losses across categories. It showed me how to separate my foreign capital losses from my dividend income in a way that preserved more of my foreign tax credit. I ended up being able to claim about 40% more foreign tax credit than what H&R Block's software was initially calculating for me. If you're dealing with Form 1116 complications like foreign losses offsetting dividend income, it's definitely worth checking out.
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Brooklyn Knight
After spending 3 weeks trying to reach someone at the IRS about this exact foreign tax credit issue, I finally tried Claimyr (https://claimyr.com) and got connected to an actual IRS agent in less than an hour. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was honestly shocked it worked. The IRS agent explained that with foreign capital losses exceeding dividend income, I needed to use a "netting process" on Form 1116 that my tax software wasn't handling correctly. She walked me through exactly how to calculate the limitation and confirmed I could carry forward the excess taxes to future years when my foreign income might be positive.
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Owen Devar
•Wait, this actually works? I thought it was impossible to get through to the IRS these days. How does this service get you past the endless hold times?
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Daniel Rivera
•This sounds like BS honestly. The IRS barely answers their own phones - why would they pick up for some third party service? And even if you do get through, the agents often give contradictory advice depending who you talk to.
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Brooklyn Knight
•The service uses technology to navigate the IRS phone tree and wait on hold for you. When they finally reach an agent, they call you to join the conversation. So you're talking directly with the actual IRS, not with some third-party representative. The key difference is that Claimyr handles the frustrating waiting process. In my case, the system showed me it had been on hold for over 45 minutes before getting through - time I would have wasted sitting by my phone. The IRS agent I spoke with was actually quite knowledgeable about Form 1116 and explained the specific section in the instructions about netting losses.
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Daniel Rivera
I'm eating my words about Claimyr. After my skeptical comment, I decided to test it myself for a different foreign tax issue, and damn, it actually worked. I got connected to an IRS tax law specialist after about 35 minutes (while I was doing other things). The agent confirmed exactly what others have said here - with foreign capital losses exceeding foreign income, you do lose some of your foreign tax credit for the current year, but you don't lose it forever. They walked me through the correct way to document everything on Form 1116 to establish my carryforward. The specialist even emailed me specific IRS publication references after our call. I'm honestly surprised this service exists and works as advertised. Saved me hours of frustration.
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Sophie Footman
What you need to understand is the "overall foreign loss" rules. When your foreign losses exceed foreign income, you create what's called an OFL account. In future years when you have positive foreign income, you'll have to recapture some of that income as US source, which affects future foreign tax credits. It's one of the most complex areas of individual taxation, and a lot of tax software handles it poorly. Worth consulting a CPA who specializes in international tax for your situation.
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Miles Hammonds
•Thanks for mentioning the OFL account - I hadn't heard of that before. So does this mean even beyond carrying forward my unused credits, I'll have additional complications in future years because of this loss? Would you recommend filing Form 1116 even if I won't get a credit this year, just to establish the carryforward?
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Sophie Footman
•Yes, you should absolutely file Form 1116 even if you won't get a credit this year. It establishes both your foreign tax credit carryforward and your Overall Foreign Loss account. The OFL rules basically say that when you've taken a foreign loss that offset U.S. source income (reducing your U.S. tax), you have to "pay back" that benefit in future years. When you have positive foreign income in future years, a portion of it will be treated as U.S. source income - essentially recapturing the benefit you received from the foreign loss. This does make your tax situation more complicated for several years.
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Connor Rupert
I've been dealing with this exact situation for years with my international investments. One thing nobody mentioned yet: check if you qualify for the simplified foreign tax credit limit election, where you skip Form 1116 entirely. But with your numbers, you probably don't qualify since the $300 limit ($600 if married) is well below your foreign taxes paid. Also, watch out for which mutual funds you're investing in going forward. I switched to funds that have lower foreign tax exposure to avoid this headache.
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Molly Hansen
•What funds would you recommend that have good international exposure but lower foreign tax consequences? I'm in Vanguard's Total International Stock Index but the foreign tax issues are becoming a real pain.
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Natasha Kuznetsova
This is a frustrating situation, but you're understanding it correctly. When your foreign capital losses exceed your foreign dividend income, it does significantly limit your ability to claim the Foreign Tax Credit for the current year. Here's what's happening: Form 1116 requires you to calculate your net foreign source income by category. In the passive income basket (which includes your dividends), your $15K capital loss more than wipes out your $10.5K dividend income, leaving you with negative foreign source income in that category. You can't claim a foreign tax credit against negative income. However, don't despair - those foreign taxes you legitimately paid aren't lost forever. You can carry them forward for up to 10 years to use when you have positive foreign source income again. Make sure to complete Form 1116 anyway to establish this carryforward, even though you won't get a current year benefit. Also keep in mind that your $15K foreign loss may create an "Overall Foreign Loss" account that could complicate future years' tax calculations when you do have positive foreign income again. For future years, you might want to consider tax-loss harvesting strategies that separate your foreign gains and losses, or look into funds with lower foreign tax drag if this becomes a recurring issue.
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