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Level 5
March 26, 2021
Question

Joint capital loss carryovers - spouse dies - surviving spouse sells stepped up assets

  • March 26, 2021
  • 1 reply
  • 20 views

Hi, a married person in California passed away in March 2020.  There are joint capital loss carryovers on the return. The surviving spouse sold some stock in August 2020 that had been owned jointly, thus she has a stepped up basis.

How does this work?  It seems like double dipping to get both the joint carryovers and the stepped up basis.  

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1 reply

Level 8
March 26, 2021

When someone filing a joint return dies, their share of capital loss carryforwards ceases to exist on the date of death.