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Andre Lefebvre

Understanding Capital Losses vs Ordinary Losses - What Can Offset What?

I've been trying to wrap my head around how losses work for tax purposes and getting a bit confused. From what I understand, capital losses can only offset capital gains (plus up to $3k of ordinary income per year if losses exceed gains). But I'm wondering about the reverse - can ordinary losses offset capital gains? Let's say I started a side business this year as a single-member LLC and it lost about $12k. If I also have some stock investments with $8k in capital gains, can I use my business losses to wipe out those capital gains? Also curious about the order of operations. If I have a W2 job paying $65k, do my business losses have to offset that income first before touching any capital gains? And what about carrying losses forward? If I have $12k in ordinary business losses this year, with just my W2 income of $65k and no capital gains, can I save some of that loss for next year when I might sell some investments? Would it work if I form an S-corp next year - could the previous year's losses offset S-corp income? Been reading tax guides until my eyes hurt and still confused about these scenarios. Any clarity would be super appreciated!

Zoe Dimitriou

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I can help clear this up! The tax code treats different types of income and losses separately, so understanding which buckets they fall into is key. For your LLC/sole proprietorship: Those ordinary business losses CAN offset all types of income, including your W2 income AND capital gains. There's no specific order required - the business loss will reduce your overall taxable income regardless of the source. Regarding capital losses: You're correct that capital losses are more restricted. They first offset capital gains, and then can offset up to $3,000 of ordinary income per year, with any excess carried forward. For carrying losses forward: If your business has a net operating loss (NOL), current rules generally require you to carry it forward to future tax years. However, these carried-forward NOLs from your sole proprietorship typically cannot offset income from a different entity like an S-corporation you might form later. The distinction is really about which "bucket" the loss falls into - ordinary business losses have more flexibility in what they can offset than capital losses do.

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Thanks for explaining! So if I understand right, my $12k business loss from my LLC could wipe out my $8k in capital gains completely, and then also reduce my W2 income by the remaining $4k? That seems almost too good to be true. What if the situation was reversed? Say I have $12k in capital losses but my business made $8k in profit. I'm guessing I could use $8k of the capital loss against the business profit, leaving $4k in capital losses. Then I could use $3k against my W2 income and carry $1k forward?

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Zoe Dimitriou

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Your understanding about the business loss is correct! Your $12k of ordinary business losses can offset all types of income, including both your capital gains and W2 income. The tax code is actually quite favorable for entrepreneurs in this way - ordinary business losses have tremendous flexibility. Your reversed scenario isn't quite right though. Capital losses must first offset capital gains, and only after all capital gains are exhausted can you use up to $3,000 against ordinary income (like W2 wages or business income). So if you had $12k in capital losses but no capital gains, you could only use $3,000 against your business and W2 income combined, carrying forward the remaining $9,000 to future years.

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QuantumQuest

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Just wanted to share my experience using taxr.ai to sort through this exact problem last tax season. I had a similar situation with mixed income types - some freelance losses, some stock market gains, and a day job. I couldn't figure out how to maximize my tax situation. I uploaded my documents to https://taxr.ai and they analyzed everything, showing me exactly how my different income and losses would interact. Their explanation made it crystal clear which losses could offset which types of income, and they even showed me how to properly document everything to avoid raising red flags with the IRS. Saved me from making some pretty costly mistakes, especially around how I was planning to carry losses forward. Definitely worth checking out if you're dealing with multiple income streams and losses.

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Did it actually provide specific advice based on your situation, or just general info you could find on Google? I've tried other "AI tax" things that were basically just generic templates.

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Mei Zhang

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I'm suspicious of these kinds of tools. How does it handle state-specific tax situations? My accountant always tells me California has completely different rules than federal for many things, especially for business losses.

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QuantumQuest

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It gave me specific advice tailored to my exact numbers and situation, not generic templates. The analysis included specific dollar amounts showing exactly how my operating losses would offset different types of income, with references to the relevant tax code sections. Far more detailed than what I found on Google. For state-specific situations, it actually highlighted several differences between my state (Illinois) and federal treatment of certain losses. It flagged that my state had different NOL carryforward rules and showed me how to handle the discrepancy on both returns. I imagine it would do the same for California's quirks too.

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I tried taxr.ai after seeing it mentioned here. Was honestly blown away. I had a situation with capital losses from crypto, income from my Etsy shop, and rental property depreciation - total mess trying to figure out what could offset what. The system broke down exactly how my business losses could offset my capital gains (they can!), but not the other way around (limited to $3k). It even created a visual "waterfall" showing which bucket of income each loss would apply to first. Showed me I'd been doing my taxes wrong for YEARS by not properly utilizing my rental losses against my other income. The documentation it provided made it super easy to fix my approach. Definitely using it again this year.

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Liam McGuire

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For anyone struggling to reach the IRS about loss carryforwards or business vs capital loss questions - I used a service called Claimyr to actually get through to a human at the IRS after weeks of busy signals. Just went to https://claimyr.com and watched their demo video at https://youtu.be/_kiP6q8DX5c - they basically wait on hold with the IRS for you, then call you when an agent is on the line. I had questions about how my sole proprietorship losses would interact with capital gains from stocks I planned to sell this year. Got connected to an IRS agent in about 40 minutes (after trying for DAYS on my own). The agent walked me through the exact rules and confirmed that yes, business losses can offset capital gains because they're considered "above the line" deductions. Worth the service if you need official confirmation about these complicated loss situations.

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Amara Eze

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Wait this is genius - how does it actually work though? Do you give them your phone number and they just call you back when they get through to the IRS?

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Sounds fishy. Why would the IRS pick up for them but not for me? And are you sure you were talking to an actual IRS employee? There are so many scams out there.

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Liam McGuire

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They use an automated system that navigates the IRS phone tree and stays on hold so you don't have to. When an actual IRS agent picks up, they bridge the call to your phone. So yep, you just give them your phone number and they call you when they've got an agent on the line. The reason they can get through when individuals struggle is they're using technology to continuously attempt calls during optimal times and navigate the complex IRS phone system. The person you talk to is definitely a real IRS employee - Claimyr just handles the hold time and connects you. You can tell because the agent goes through the same verification process they always do when you call directly, asking for your personal info and tax details. They just saved me from spending hours listening to hold music.

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I was totally skeptical about Claimyr (see my comment above), but I finally tried it out of desperation when I couldn't get answers about how to handle some business losses on my Schedule C that I wanted to apply against capital gains. I'm shocked to admit it actually worked perfectly. Got a call back in about an hour, and sure enough, there was an actual IRS agent on the line. They confirmed everything the first commenter said - business losses can indeed offset capital gains with no limit, unlike capital losses which are restricted in offsetting ordinary income. The agent even walked me through exactly how to document this on my tax forms to make sure it wouldn't trigger any flags. Definitely changed my view on the service - worth it for complicated tax situations where you need official answers.

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NeonNomad

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Something nobody mentioned yet - if ur business losses are from a PASSIVE activity (like rental property where u don't materially participate) then different rules apply. Those passive losses can only offset passive income, not ur W2 or capital gains unless u meet certain exceptions. I learned this the hard way last year when I tried to offset some stock gains with losses from a rental property I barely managed. My CPA had to explain that since I wasn't actively involved enough in the rental (less than 500 hrs/year), the losses were trapped in the "passive bucket" and couldn't touch my other income. Make sure u know if ur business activities count as passive or active before planning ur tax strategy!!!

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What counts as "material participation"? I have a rental but I outsource a lot to a property manager. Does that make it passive automatically?

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NeonNomad

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For rental activities it's usually considered passive by default, but there are exceptions. Material participation generally means you meet one of these tests: You work 500+ hours per year in the activity. This is the most straightforward test and what most people aim for. If you're spending about 10 hours a week actively managing your property, you'd qualify. If you use a property manager and aren't putting in those kinds of hours, you'd typically be considered passive. However, if you qualify as a "real estate professional" (750+ hours in real estate activities and more than half your working time), different rules apply and you may be able to treat those losses as non-passive. The IRS is pretty strict about documentation for material participation, so keep a detailed log of all time spent if you're trying to claim active status!

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Wait i'm confuses...i thought business losses were reported on a schedule C and capital losseson a schedule D? Are they not treated the same on the 1040?

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They're definitely reported on different schedules because they're treated differently! Business income/losses go on Schedule C and flow to your 1040 as ordinary income. Capital gains/losses go on Schedule D. The key difference is in how they can offset other types of income. Business losses (Schedule C) can generally offset ANY type of income - wages, capital gains, interest, etc. Capital losses (Schedule D) can only fully offset capital gains, with a limited ability ($3k per year) to offset ordinary income. Think of business losses as "universal offset" and capital losses as "restricted offset" with special rules.

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Just wanted to add a practical tip for tracking all this - keep meticulous records of your business activities and time spent if you're claiming active participation. The IRS loves to challenge material participation claims, especially when substantial losses are involved. I learned this lesson when I had a side consulting business that lost money its first year. Even though it was clearly active business income (I was doing all the work myself), I didn't keep great time records. When my return got selected for review, I had to scramble to reconstruct my activity logs from emails, calendar entries, and receipts. Also worth noting - if you're planning to convert your LLC to an S-corp next year, make sure you understand how that affects loss carryforwards. Generally, losses from your sole proprietorship can't be used by the S-corp since they're different tax entities. You'd want to utilize as much of the current year loss as possible before making any entity changes. The interaction between different types of income and losses is definitely one of the more complex areas of tax law, but understanding it can save you thousands!

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Great point about record keeping! I'm actually dealing with this exact situation right now. Started a freelance graphic design business this year that's looking like it'll lose around $8k, but I've been terrible about tracking my time. Quick question - when you say "reconstruct activity logs," what kind of detail did the IRS want to see? Like hour-by-hour breakdowns, or was it more general proof that you were actively running the business? Also, regarding the LLC to S-corp conversion - if I can't carry the losses forward to the new entity, would it make sense to delay the conversion until I've used up all the losses? Or are there other benefits to S-corp status that might outweigh losing those carryforwards? Thanks for sharing your experience - definitely going to start keeping better records immediately!

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