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capital-loss

Taxpayer asks:

Earlier this year, I agreed to co-sign on a loan for my adult son for a new car so that he could get to work. He made the first payment and has not made payments since. I have made all of the other payments.

I have 2 questions:

Since I really bought the car, can I claim the deduction on new cars this year?

If I sell the car for less than I paid for it, can I claim a loss?

Thanks for your time.

Taxgirl says:

Okay, I’m going to make a pretty big assumption here. I’m going to guess that you merely co-signed on the loan for the car but your name is not on the title. Co-signing for a loan doesn’t give you ownership rights in the car, even if the primary signer defaults. That’s one of the tricky bits about co-signing. You’re guaranteeing the loan, not buying the car.

If you didn’t actually buy the car – meaning that you don’t own it – you would not not be entitled to the new car sales tax deduction.

If you were to sue for ownership of the car (which I imagine that you’re not inclined to do), I still don’t think you’d qualify for the deduction. At that point, I don’t think you could argue that “the original use… commences with the taxpayer” which is the criteria for the deduction.

If, however, your name is on the title, then I think you would be entitled to half of the sales tax paid as a deduction. I haven’t seen any documentation on this yet but it would seem to me that if the car otherwise qualifies, and you own half of the car, you would be able to claim a portion of the deduction (if any of my colleagues have seen this matter addressed, by all means, chime in!). But I’m guessing that’s not the case here since co-signers rarely appear on the title and since you mentioned that your son made the first payment (it sounds like you meant for him to own the car outright).

And I’ve got more bad news: you can’t take a capital loss on the sale of the car, either. Even if you eventually take ownership of the car and sell it for a loss, there’s no capital loss treatment for the sale of “personal use property” – that includes houses and cars.

Perhaps you can save yourself some agita and work out a payment plan with your son to repay the money that you’ve paid on his behalf? I hope it all works out.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

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Twitter Tax Tips #15

March 17, 2009 · 0 comments

Losses aren’t taxable losses until realized (even if they suck). If no sale or other taxable event, no taxable loss. #TwitterTaxTip

(For more on twitter tax tips, see my prior explanatory post.)

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As a result of the recent volatility on the stock market, I’ve received a bunch of questions about claiming losses on individual tax returns. What’s been made clear is that there are a lot of misperceptions floating about… I thought I’d try and set some things straight. To keep it simple, I’m going to focus on capital gains and losses as they apply to stocks – we can talk homes, art and other assets later.

First, some quick vocabulary:

Basis. Your basis is generally equal to the original cost of the shares. If you participate in a DRIP or other reinvestment plan, your basis is your cost plus the cost of each subsequent purchase/reinvestment. If you inherit shares, your basis is generally the value of the stock on the date of death. If you receive shares as a gift, your basis is the basis of the donor (sometimes called “carry over basis”).

Taxable event. A taxable event is a sale of stock, death of an owner or other event that is said to trigger a tax consequence.

Realized gain/loss. This is the important bit. A gain or loss has to be realized in order to mean anything and this is where some taxpayers get confused. Just because the market goes up or down – as it is want to do – doesn’t mean anything. Even if your stocks tumbled hundreds or thousands of dollars in this latest roller coaster ride, it means nothing unless one of those taxable events, mentioned above, happened. Did you sell the stock? Did someone die holding those stocks? If not, then relax, because for tax purposes, nothing has happened. Simply holding onto the stock during a volatile market does not equal a taxable event, and thus there’s no capital gain or loss.

A quick example:

You buy a stock for $10. It climbs to $20. You continue to hold the stock. Result? No capital gain.

The stock takes a hit and falls to $15. No capital loss.

The stock takes a hit and falls to $7. You continue to hold the stock. No capital loss.

The stock tumbles to $4. You finally get rid of it. You have a capital loss…. But how much?

Capital loss is your net selling price less your basis (the formula for calculating capital gain is the same).

Your capital loss is thus $4 – $10, or a loss of $6. You take the loss at the basis, not the high price; the $20 high value is meaningless for purposes of capital gain or loss. That seems to be the sticking point for many taxpayers. You want it to mean something. But it doesn’t.

Schedule D. You’ll report your gains and losses here, and then transfer the results to the reconciliation page on your federal form 1040.

Short term gains or losses. If you hold the shares for one year or less and then sell or otherwise dispose of the stock, your capital gain or loss is considered short-term.

Long term gains or losses. If you hold the shares for more than one year before you get rid of them, your capital gain or loss is called long-term. The highest tax rate on a net long term capital gain of regularly traded stock is 15%.

Net gain or loss. More or less, you add up your gains and subtract your losses to determine your net gain or loss. That figure helps you calculate the applicable tax.

If your gains exceed your losses, you have a capital gain which is taxable (the rate will be dependent on whether it’s long term or short term).

If your capital losses exceed your capital gains, you have a capital loss. You can claim up to $3,000 (or $1,500 if you are married filing separately) of capital losses in any tax year. The loss offsets your taxable income, meaning your other sources of income like wages, for the current tax year.

Loss Carry-forward. If your losses exceed the allowable limits for any tax year, you can carry the loss forward to later years.

So that’s a quick primer on capital gains and losses for shares of stocks. There are a bunch of “what ifs”, exceptions for small businesses and other special circumstances, and extra questions related to calls, puts and straddles. Since the point of this post is to just hit the basics, I’m skipping over those special situations for now. I may come back to them if there’s some interest, just let me know.

And remember, don’t guess when it comes to this stuff. The consequences can be significant. If you have a question, ask your tax professional – not your broker, not your banker, not your financial advisor (trust me on this).

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Taxpayer asks:
Hi–
Was wondering if you could advise on what happens if a married couple has, say, a capital loss carryover, and the couple divorces. Do they just split the carryover down the middle? Can they negotiate the amount each takes? Does the carryover amount change with a filing status change?

Taxgirl says:

Divorce and tax can be tricky – and I highly recommend that you consult with a family law and tax professional – but here are the general rules:

If a married couple files separate returns, the loss follows the taxpayer who first reported the loss.

If a married couple files joint returns, the loss generally follows the taxpayer who made the investment that resulted in the loss. (See Reg. 1.1212-1(c))

Of course, as with any asset (and you can think of a loss carry forward as an asset since it produces a somewhat positive result in the offset of your future tax burden), a contract to divide assets differently would be enforceable. If there is a prenup or separation/divorce agreement in place that would affect the loss carry forward, the parties would allocate according to the agreement.

If the matter goes to court, the court may use its discretion to determine which taxpayer owned the investment – including the decision that the loss carry forward was marital property – but cannot allocate the loss carry forward contrary to tax law.

I hope that helps!

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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Ask the Taxgirl: No Money, No Loss?

5 March 2007

Taxpayer asks: Hey there! I found your blog entirely through random surfing, and it’s perfect for a question I have right now.
I’ve returned to being a full-time student, after several years of working in the real world.  Last year, my income was a big, even 0. I had simply no taxable income.  The IRS seems [...]

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