Add up - Profits 2008/ Losses 2009
September 26, 2009 | 20,00 EUR | answered by Dipl.BW/SB Ulrich Stiller
Dear Sir or Madam,
The question I have is rather banal. I made a profit from stocks and options transactions that I sold in 2008. I am considering selling securities at a loss this year (I have not done so yet), and I wanted to know if this would be worthwhile from a tax perspective. What is the process in this case? Can the losses be deducted in the tax return for 2008 (or 2009, 2010...), directly or indirectly, and how? Are gains and losses taxed at the same rate (except for the sign)?
Thank you in advance.
Kind regards.
Dear client,
Thank you for your inquiry, which I would like to answer based on the information provided and taking into account your efforts as follows:
From 2009 onwards, you must consider the following:
Firstly, you need to distinguish between "old losses and new losses."
OLD LOSSES
These are speculative transactions in which you acquired securities before 1.1.2009 and sold them within the speculation period. Such losses can be offset from 2009 to 2013 inclusive either with speculative gains within the meaning of § 23 EStG (e.g. real estate sales in private assets) or with capital gains within the meaning of § 20 paragraph 2 EStG.
NEW LOSSES
New losses occur when you acquired securities after 31.12.2008. Such losses can be offset, except for stock transactions, with all capital gains, including interest and dividends. Losses from capital gains can no longer be offset against other types of income in the future.
Losses from stock transactions can only be offset against gains from stock transactions. In addition, losses from capital assets cannot be carried back to, for example, 2008, but an unlimited carryforward to future years is possible.
As you can see, your question is by no means trivial, the situation is, as often in tax law, very complicated.
I hope my explanations have been helpful.
Best regards,
Ulrich Stiller
Tax advisor
