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Tax Law (Questions About Taxes)/Carry Back loss to previous year


In 2009 I filed taxes but didn't have the money to pay. I haven't yet paid this. I didn't file taxes in 2010. Now that I am reviewing my 2010 data it looks like I had a significant loss that year. I have read that filing 1045 you can carry back a loss. Can I file my 2010 tax return now, showing the loss and carry back that loss to reduce/eliminate my 2009 tax burden?

Thank you in advance for your expert advice.


Thanks for your question.

Most likely not. In order to claim the loss carry back you would have to file an amended return for 2009. Under IRS rules, you can only file an amended return from three years from the due date or date filed. If you filed the 2009 return timely, the statue of limitations expired April 15, 2013.

Hope this helps.

John Stancil, CPA  

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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