Married Separate Filers:
Taxpayers who filed separate federal returns should report capital gain or loss as reported for federal tax purposes.
If a joint federal return was filed, each spouse must report capital gain on the basis of ownership of the property sold or exchanged. The combined net capital gain or loss must be the same as reported on the joint federal return.
If a joint federal return was filed and both spouses have capital losses, each spouse may claim up to a $1,500 capital loss plus any unused portion of their spouse's $1,500 loss limitation. If both spouses are reporting capital losses, the sum of both spouses' losses may not exceed $3,000.