Generally, if you had an allowable capital loss in a year, you have to apply it against your taxable capital gains for that year. If you still have a loss, it becomes part of the computation of your net capital loss for the year. You can use a net capital loss to reduce your taxable capital gain in any of the three preceding years or in any future year. To do this, claim a deduction on line 253 of your return.
The net capital losses of other years generally may be applied against taxable capital gains in the current year. Your available losses are shown on your Notice of Assessment or Notice of Reassessment for 2007. Your notice will show your prior-year losses and your current year loss after adjustment. You only have to add those two amounts to calculate your total net capital loss available for 2008.
The amount that you can claim depends on when you incurred the loss. This is because the inclusion rates used to determine the taxable capital gains and allowable capital losses have changed over the years.
There are two charts that can be used to determine your unapplied net capital losses available to apply to 2008. See the Completing your tax return area below to determine which chart you should use.
Answer the following question to find out if you can claim a net capital losses of other years
Special rules apply if you incurred losses before May 23, 1985, or incurred losses after this date on any disposition of capital property made under an agreement of sale you entered into before this date. For more information, see Losses incurred before May 23, 1985.
If you need to determine the amount of net capital losses available to apply to 2008, read the information under Situation A and Situation B, and then select the appropriate chart.
Situation A - If you do not have a balance of unapplied net capital losses from before May 23, 1985, and your 2007 Notice of Assessment or Reassessment shows that you have unapplied net capital losses of other years and/or a 2007 net capital loss, you can use Chart 4 - Applying net capital losses of other years to 2008 to determine your net capital losses to apply to 2008.
Situation B - If you have a balance of unapplied losses you incurred before May 23, 1985 or you want to keep a breakdown of your unapplied net capital losses, use Chart 5 - Applying net capital losses of other years to 2008, to calculate your available losses. You will have to adjust certain losses you incurred after 1987 and before 2001.
Once you have determined the amount of net capital losses available for use, enter the amount calculated either from the Chart 4 or from line 13 of Chart 5, on line 253 of your tax return.