You can claim a loss for worthless stock in the specific tax year it becomes completely worthless, meaning it has no current liquidating value and no potential future value. It is treated as a capital loss from a sale on the last day of that tax year, reportable on Form 8949.
If you own securities, including stocks, and they become totally worthless, you have a capital loss but not a deduction for bad debt. Worthless securities also include securities that you abandon.
However, just because a stock's value has decreased significantly, it does not automatically qualify it as worthless. The investor must confirm that the stock has no market value and that the company is not operating or is in liquidation.
You can't report it until the year the investment becomes worthless, so you'll have to show that the stock had value at the beginning of the year, but not at the end of the year.
Short-term capital gains and losses are those realized from the sale of investments that you have owned for one year or less. Long-term capital gains and losses are realized after selling investments held longer than one year.
Report any worthless securities on Form 8949. You'll need to explain to the IRS that your loss totals differ from those presented by your broker on your Form 1099-B and why. You need to treat securities as if they were sold or exchanged on the last day of the tax year.
The $3,000 capital loss rule lets you deduct up to $3,000 (or $1,500 if married filing separately) of net capital losses against your ordinary income, like wages, after offsetting any capital gains. If your total loss exceeds this limit, you can carry the unused portion forward to future tax years indefinitely, reducing future gains or ordinary income, according to the IRS instructions for Schedule D (Form 1040) and IRS Topic No. 409.
You can dispose of your shares in the following ways:
The IRS $600 rule refers to a change in reporting requirements for third-party payment apps (like Venmo, PayPal) for taxable income from goods and services, where platforms must send a Form 1099-K if you receive over $600 in a year, intended to capture gig economy/side hustle income, though delays and phased implementation have adjusted the timeline, with current rules for 2024 using a higher threshold ($5,000) before fully phasing to $600 for future years, but remember all taxable income, regardless of form, must always be reported.
The sale will appear on Form 1099-B issued by the broker, and then you won't have to debate with the IRS over when the stock became worthless. As a reminder, losses from sales of capital assets such as stock are first used to offset any capital gains on the return for the year of the sale.
Worthless securities will have a market value of zero as noted above. For a security to become worthless, it not only needs to have no value, but it needs to have no potential to regain value. For example, a company's stock might reduce in value to zero if the market fluctuates enough.
The 20% rule for capital gains refers to the highest federal tax rate for long-term capital gains, applying to higher income brackets when you sell investments (stocks, real estate) held for over a year, with lower rates of 0% and 15% for lower incomes, and even higher rates for special assets like collectibles. This rate kicks in for single filers earning over approximately $492,300 (2024) or $533,401 (2025), and higher for joint filers, making holding assets over a year a key tax strategy.
The IRS "10k rule" primarily refers to the requirement for businesses and financial institutions to report cash transactions over $10,000 by filing Form 8300 (for businesses) or a Currency Transaction Report (CTR) (for banks), under the Bank Secrecy Act. This rule helps combat money laundering, tax evasion, and terrorist financing, requiring reporting for single transactions or related transactions totaling over $10,000 in cash within a year, with penalties for non-compliance.
Key Takeaways
If a business intentionally disregards the requirement to provide a correct Form 1099-NEC or Form 1099-MISC, it's subject to a minimum penalty of $660 per form (tax year 2025) or 10% of the income reported on the form, with no maximum.
The "20k rule" refers to the traditional IRS threshold for reporting income from payment apps and online marketplaces on Form 1099-K: over $20,000 in gross payments AND more than 200 transactions in a calendar year. While a law (the American Rescue Plan) temporarily lowered the threshold to $600, recent legislation, the One Big Beautiful Bill Act (OBBBA) (OBBBA), has reinstated the $20,000/200-transaction rule for tax years starting in 2025, providing relief for casual sellers and gig workers.
You must determine the holding period to determine if the capital loss is short term (one year or less) or long term (more than one year). Report losses due to worthless securities on Part I or Part II of Form 8949.
If for whatever reason you cannot sell the worthless shares, then you will need to obtain documentation that will convince the IRS that the stock really, truly had no value at some point in time, and close the position at that same time. This will relieve you of the burden of selling the shares.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.