Get 1998 Instructions 1120S (Schedule D)

The $3,000 loss limit is the amount that can go against ordinary income. Above $3,000 is where things can get a little complicated. The $3,000 loss limit rule can be found in IRC Section 1211(b). For investors who have more than $3,000 in capital losses, the remaining amount can't be used toward the current tax year.

The IRS caps your claim of excess loss at the lesser of $3,000 or your total net loss ($1,500 if you are married and filing separately). Capital loss carryover comes in when your total exceeds that $3,000, letting you pass it on to future years' taxes. There's no limit to the amount you can carry over.

6. How to report a wash sale on your return. If you need to report losses from wash sales, you can use IRS Form 8949 and Schedule D. Form 8949 will help you compare the amounts reported on Forms 1099B or 1099S, while Schedule D will show the overall gain or loss from the transactions reported on Form 8949.

Use Form 8949 to reconcile amounts that were reported to you and the IRS on Form 1099-B or 1099-S (or substitute statement) with the amounts you report on your return. The subtotals from this form will then be carried over to Schedule D (Form 1040), where gain or loss will be calculated in aggregate.

The IRS limits your net loss to $3,000 (for individuals and married filing jointly) or $1,500 (for married filing separately). Any unused capital losses are rolled over to future years.

Deducting Capital Losses If you don't have capital gains to offset the capital loss, you can use a capital loss as an offset to ordinary income, up to $3,000 per year. If you have more than $3,000, it will be carried forward to future tax years."

Any net realized loss in excess of this amount must be carried over to the following year. If you have a large net loss, such as $20,000, then it would take you seven years to deduct it all against other forms of income (a $3,000 loss every year for 6 years and a $2,000 loss in the seventh year).

Short-term losses initially can offset short-term gains – the profits made from selling assets held for one year or less. Conversely, long-term losses can first offset long-term gains. Then, net long and short gains or losses are netted against each other.