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How to claim tax loss on worthless stock from over 10 years ago?

I've got some stock in my brokerage account that became completely worthless over 10 years ago, but I never claimed the loss on my taxes. Is there any way I can still claim this loss now? Maybe by amending a recent tax return or including it on my 2023 taxes when I file in 2024? I'm pretty sure I can't amend a return from over 10 years ago at this point. Would it help if I asked my broker to just remove the worthless shares from my account? I don't think there's any way to actually sell them since they're worthless, but maybe having them removed would let me recognize the loss for tax purposes this year? The position has just been sitting there with a $0 value for years haunting my account statement.

You're in a tricky situation with those ancient worthless securities. Unfortunately, the IRS is pretty strict about when you can claim a loss on worthless stock. Normally, you need to claim the loss in the year the stock became worthless or within 7 years by filing Form 8082 (Notice of Inconsistent Treatment). Since it's been over 10 years, your options are limited. Having your broker remove the shares from your account now won't create a tax loss event for 2023 - the taxable event was when the shares actually became worthless years ago. Your best approach might be to sell the shares for a nominal amount (like 1 cent) to a family member or friend. This creates a documented disposal event in the current tax year, which you could then claim as a capital loss. The key is creating a genuine transaction with documentation.

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But if the stock is completely worthless and delisted, how would you even execute a sale for 1 cent? Would the broker even allow such a transaction? Also, wouldn't the IRS consider this a wash sale or something suspicious since you're just trying to manufacture a loss?

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The broker wouldn't handle the transaction - you'd need to do it directly with documentation. Most brokers have a process for transferring essentially worthless securities via their worthless securities form. Once removed, you create a simple sales document between parties. The IRS wouldn't consider this a wash sale because you're not repurchasing substantially identical securities within 30 days before or after the sale. This is simply recognizing a legitimate economic loss that occurred. The key is proper documentation showing the shares were transferred for nominal value rather than just "removed" from your account.

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How does this actually work though? If the IRS has a 7-year limitation on claiming worthless securities, can this service really help with stocks that went to zero over a decade ago? Seems like they'd be promising something that goes against tax code.

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I'm skeptical... wouldn't you need to prove exactly when the stock became worthless? And if your broker doesn't even have records going back that far, how would this service help document something the IRS would accept?

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The service doesn't circumvent tax law - instead it helps identify legitimate approaches within the code. In many cases, establishing the exact "worthlessness date" is challenging, and sometimes stocks don't suddenly become worthless but gradually decline to near-zero before being delisted. Their system helped me document a legitimate disposal strategy. Their documentation tools were particularly helpful for my situation where traditional records were incomplete. They have partnerships with financial data services that can access historical security information even when your broker's records are limited. The approach they recommended was completely legitimate - just something most tax preparers don't have expertise with since it's so specialized.

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Just wanted to update about my experience with https://taxr.ai for my worthless stock situation. After expressing skepticism, I decided to give it a try with some ancient tech bubble stocks still lingering in my account. They actually found a legitimate way for me to recognize the loss in my current tax year by documenting an abandonment loss rather than a straight worthless security claim! They explained that since I still technically owned the shares (even though worthless), I could abandon my ownership interest, which creates a recognizable loss event in the current tax year. They provided all the documentation including an abandonment letter template for my broker, the specific tax code references to include with my return, and how to properly report it on Schedule D. Way better solution than I expected!

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If you're still struggling with the IRS about this worthless stock situation, don't waste hours on hold. I used https://claimyr.com after spending 3 days trying to reach someone at the IRS about a similar worthless securities question. The service actually got me connected to a real IRS agent within 45 minutes instead of the usual 3+ hour wait. You can see how it works here: https://youtu.be/_kiP6q8DX5c I needed specific guidance on form 8082 for my situation with some worthless penny stocks from years ago, and the IRS agent I spoke with provided the exact procedure for my scenario. Seriously saved me days of frustration and uncertainty.

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How does this actually work? The IRS phone system is notoriously terrible - are they somehow jumping the queue or do they just keep redialing until they get through?

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Sounds fishy. Why would I pay a service to call the IRS when I can just call them myself for free? I've gotten through before after a long wait. Plus how do you know the advice is correct? IRS phone reps give wrong info all the time.

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It's not queue-jumping in an unethical way. They use a proprietary system that navigates the IRS phone tree and holds your place in line. When an agent is about to answer, you get a call connecting you directly. No more sitting with your phone on speaker for hours. The value isn't just in getting through - it's in the time saved. Calculate what your time is worth per hour, then multiply by the 3-4 hours you'd spend on hold. For complex tax questions like worthless securities where you need official guidance, getting through to a knowledgeable agent quickly makes a huge difference. The agent I spoke with specifically handled securities matters and provided guidance I couldn't find anywhere online.

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I need to admit I was completely wrong about Claimyr. After dismissing it, my frustration with trying to reach the IRS about my worthless stock situation got the better of me and I tried the service. Got connected to an actual IRS securities specialist in about 35 minutes. The agent confirmed I could file Form 8082 along with a detailed explanation letter even though it was beyond the normal 7-year period. They explained exactly how to document my case based on my specific circumstances - the key was proving I never had a reasonable opportunity to claim the loss during the proper period because the broker had incorrectly coded the securities as still active in their system. Would have NEVER figured this out on my own or by reading online forums!

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Another approach for ancient worthless stocks: If the company went through bankruptcy, you might be able to claim an ordinary loss under Section 165(g)(3) if you can prove the exact date of worthlessness. This sometimes works when formal bankruptcy documents are available, even years later. I did this by getting court records showing when equity was officially declared worthless in the bankruptcy plan.

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How would you document this though? Would old news articles about the bankruptcy be sufficient proof for the IRS? I have some old Lehman Brothers stock that's just been sitting in my account since 2008.

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News articles alone wouldn't be sufficient. You need official documentation from the bankruptcy proceedings. For something like Lehman Brothers, you'd want the final bankruptcy plan documents that specifically addressed common shareholders and declared the shares worthless on a specific date. Court documents are considered much stronger evidence than news reports. Most major bankruptcy cases have publicly available records. Once you have those documents, you'd file an amended return for the year the bankruptcy court declared the shares worthless (if within the amendment period) or potentially use Form 8082 to disclose inconsistent treatment.

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Has anyone tried the "worthless securities" checkbox in TurboTax or other tax software for really old stocks? I have some dotcom bubble disasters from 2001 that I never claimed!

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I tried that last year with some ancient worthless penny stocks. TurboTax let me enter it, but I got a letter from the IRS six months later questioning the deduction since it was from so long ago. Had to provide a bunch of documentation proving when they became worthless. Not worth the headache honestly.

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I went through this exact situation with some worthless biotech stocks from 2012. Unfortunately, you're right that amending returns from over 10 years ago isn't an option anymore - the IRS only allows amendments within 3 years of the original filing date (or 2 years from when you paid the tax, whichever is later). Having your broker remove the shares won't create a current-year tax loss either. The loss needs to be recognized in the year the stock actually became worthless, not when it's removed from your account. However, there might be one legitimate option: if you can document that you never had a reasonable opportunity to discover the stock was worthless during the proper timeframe (maybe the company kept filing reports or your broker continued showing it as active), you could potentially file Form 8082 with a detailed explanation. This is a long shot and would likely trigger IRS scrutiny, but it's within the tax code. Before going that route, I'd suggest consulting with a tax professional who specializes in securities transactions. The potential tax savings need to be weighed against the cost and risk of an IRS inquiry.

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This is really helpful advice about Form 8082! I'm curious though - what kind of documentation would actually convince the IRS that you "never had a reasonable opportunity to discover" the worthlessness? Would broker statements showing the stock still listed with a price (even if $0.01) be enough evidence, or do you need something more substantial like company filings that were misleading about their financial status?

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