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To: tyc:> who wrote (208004)	12/19/2011 10:03:49 PM
From: SwampDogg	1 Recommendation Read Replies (1) \| Respond to of 312886

Put it this way You had gains of $100k in 2009 and you paid 20k in tax if you were in a 40% tax level You have no gains this year but you can still sell losers up to $100k and get the tax back that you paid in 2009. Your sale of a loser in the future can only be applied against a gain unless you are a trader and earning income by trading This is all for Caanda> US I don't know

To: tyc:> who wrote (208004)	12/19/2011 10:26:25 PM
From: Threshold	Respond to of 312886

if i remember correctly you can only carry back cap gain losses for up to 3 years. yup just checked... taxtips.ca Capital losses can normally only be used to reduce or eliminate capital gains. They cannot be used to reduce other income. If you have capital losses that cannot be used in the current year, you can carry back the losses to any of the 3 preceding taxation years. Capital losses can also be carried forward indefinitely. The only time they can be used to reduce other income is in the year of a taxpayer's death, or the immediately preceding year. At this time, 1/2 (50%) of the capital loss would be used to reduce other income. For more on this topic, see the Canada Revenue Agency (CRA) interpretation bulletin IT232R3 - Losses - Their Deductibility in the Loss Year or Other Years (paragraph 30). Some capital losses may be considered superficial losses, and disallowed. Also, losses on transfers of shares to an RRSP, TFSA, DPSP or RDSP are not deductible. Your capital gains and losses must be recorded on the tax return for the year in which the losses occurred. This applies even when the losses exceed the gains, and cannot be used in the current year. These losses will then be available to use in a future tax year. Current year capital gains and losses are reported on Schedule 3 when filing your tax return. To carry back your current year net capital losses to prior years, you would file form T1A - Request for loss carryback with your tax return. If you want to revise a previous year's return in which you should have reported capital losses, you would file form T1Adj. See our article on changing your tax return. If you have unused net capital losses from previous years, the amount will be shown on your latest assessment notice from CRA. The amount shown on the assessment notice is the *net* capital loss, which in recent years has been 1/2 (inclusion rate) of the capital loss. In order to use some or all of these losses on the current year tax return, you would claim the amount of the net capital loss on line 253 of your tax return. This amount claimed cannot exceed the amount of taxable capital gains that you are showing on line 127 of your return. An allowable capital loss is the capital loss times the inclusion rate for the year in which the loss occurred. The inclusion rates for capital gains and losses have changed over the years. The following table shows the inclusion rates for each period: Year Inclusion Rate (IR) Before 1988 1/2 1988 and 1989 2/3 1990 to 1999 3/4 Jan 1 to Feb 27, 2000 3/4 Feb 28 to Oct 16, 2000 2/3 Oct 17 to Dec 31, 2000 1/2 2001 to present 1/2 Your assessment notice should indicate if your inclusion rate differs from the current inclusion rate of 1/2. For 2000, where there were 3 different rates, your assessment notice should show a combined inclusion rate for all net capital losses of that year. If the inclusion rate from your net capital losses from previous years is different from the current year inclusion rate, you will have to adjust the amounts to the current year inclusion rate of 1/2. The formula for converting prior net capital losses is Prior net capital loss ÷ Prior IR x Current IR For instance, if your net capital loss with a 2/3 inclusion rate was $2,000, and you are using this to offset taxable capital gains with an inclusion rate of 1/2, the adjusted net capital loss to use would be $2,000 ÷ 2/3 x 1/2 = $1,500 The $1,500 would be entered on line 253 of your tax return, as long as your taxable capital gains on line 127 are at least $1,500. If you have net capital losses carried forward from 1985 and earlier years, special rules apply. The CRA guide T4037 Capital Gains has a section regarding how to apply your net capital losses of other years to the current tax year, which includes information on pre-1986 losses. Revised: June 20, 2011