Instructions For 2014 Form 6cl: Net Capital Loss Adjustments For Combined Group Members

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Instructions for 2014 Form 6CL:
Net Capital Loss Adjustments for Combined Group Members
Who Should File Form 6CL
Use the non-sharable capital loss carryovers it
could not include in the group’s aggregate com-
Form 6CL is only for corporations that are combined
putation, and
group members. File Form 6CL only if either A. or B.
Apply all of its available capital losses, including
below is true:
its current year net capital loss from the group’s
aggregate computation, to capital gains that are
A. The corporation has unused capital loss carryo-
reportable on a separate entity basis on Form N.
vers incurred in taxable years beginning before
January 1, 2009 (or other non-sharable capital
A non-sharable capital loss is one which originated:
losses) and the combined group reports a net
capital gain on Form 6, Part I, line 30, or
In a taxable year beginning before January 1,
2009, or
B. The corporation has capital gain/loss items to
In the combined unitary income of another
report on Form N, Wisconsin Nonapportionable
combined group, or
and Separately Apportioned Income, for the tax-
able year and the combined group computes a
In transactions reportable on a separate entity
suspended net capital loss on Form 6, Part I, line
basis on Form N.
30 and part of that suspended net capital loss is
attributable to the corporation.
As an alternative to completing 2014 Form 6CL, a
combined group member with non-sharable capital
loss carryovers may choose to carry them back to a
NOTE: If neither A. nor B. above is true in its
taxable year beginning before 2009, to the extent
entirety, do not file Form 6CL for the corporation.
allowed under section 1212 of the Internal Revenue
Also, Form 6CL does not apply to corporations that
Code. Also, see s. Tax 2.61(6)(c), Wisconsin Admin-
are not combined group members, even if they are
istrative Code, for further details regarding elections a
filing a Form N with the combined return.
corporation may make regarding its capital loss car-
ryovers.
Purpose of Form 6CL
Line-by-Line Instructions
Under section 1211 of the Internal Revenue Code,
capital losses may only be used to offset capital
These instructions are presented in the order the
gains. Under sec. 71.255(4)(i) and (11), Wis. Stats.,
lines appear on Form 6CL:
and s. Tax 2.61(6)(c), Wisconsin Administrative
Code, the capital loss limitation is determined on an
aggregate basis for the combined group, similarly to
how it is determined for a consolidated group for fed-
Part I: Net Capital Loss Adjustments
eral purposes under Treas. Regs. §1.1502-22 and
1.1502-23.
■ Line 1. Net Capital Gain Included in Combined
Unitary Income – Enter the amount of net capital
However, not all capital losses may be included in the
gain from Form 6, Part I, line 30, but only if that
aggregate computation for the combined group. The
amount was greater than $0. This is the net capital
aggregate computation cannot include non-sharable
gain you computed on an aggregate basis for the
capital loss carryovers or capital gain/loss items that
combined group as a whole.
members must report on a separate entity basis on
Form N.
■ Line 2. Current Year Net Capital Loss Attributa-
ble to This Member – Complete this line only if Form
The purpose of Form 6CL is to allow a combined
6, Part I, line 30 was $0 and the corporation’s capital
group member to:
gain and loss items that were included in the aggre-
gate computation would have been a net capital loss
if they were netted on a separate entity basis. On
line 2, you will enter the corporation’s share of the
group’s aggregate net capital loss.
IC-544

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