Tax Planning with Losses

Carrying capital losses backwards or forwards

  • Allowable capital losses may be carried back against taxable capital gains realized in the last 3 years
    • Capital losses realized in 2020 can be carried back and deducted against capital gains realized in 2019, 2018, and 2017
  • Allowable capital losses may also be carried forward indefinitely to offset capital gains in future years
  • Superficial loss rules deny the capital loss if the taxpayer or an affiliated person (which includes a spouse and a corporation controlled by the taxpayer) acquires an identical security within 30 days of the disposition

Income Splitting Opportunities

Attribution

  • Attribution rules apply when an individual gifts, or loans without interest, funds to certain family members for the purpose of earning income from property or capital gains
  • When funds are gifted to a spouse, income from property (including dividends and interest) and capital gains derived from those funds are attributed to the individual who made the gift
  • When funds are gifted to a minor child, income from property (but not capital gains) derived from those funds are attributed to the individual who made the gift

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