I have no taxable income but I have capital losses. Can I still deduct $3,000 limit and get a refund?

No. Even if you have a net loss, your refund is limited to the amount of tax that was withheld from your income (none, if you have no income), the amount of any refundable credits (probably also not applicable if you have no taxable income) and the amount of any estimated tax payments you made. You will not receive a refund with the loss if you would not have received a refund without it.

However, you should file a return and claim the loss. The amount IN EXCESS OF $3000 will be carried over to a future year when you might have taxable income and might benefit you then.

No, you only get a refund if you paid in too much. If your capital losses give you a negative income, you don't owe any income tax, but don't get a refund because of it. You still have to show the $3000 capital loss. Any extra capital loss can carry over to the following year.

Refund of what? If you haven't paid any money in and don't owe any taxes before the loss is figured in, you won't get any refund based on it. The losses will carry forward until such time as you have taxable income the losses can offset. If you never again have taxable income, the losses will die with you.

A refund of what? If you have no taxable income then you owe no tax. You'd only get a refund if you paid in taxes; doing that would be silly if you don't have any income! With no income to use the losses against, they are useless to you.

Even with the $3,000 capital loss limitation, you still must have taxable income to be able to deduct any of that loss. Too bad you didn't have any capital gains to offset the losses with. ;p

If you have ZERO taxable income, the the capital loss carryforward will be preserved. That is, you don't lose the $3000, but you need to file to carry it forward.

(Note, to all, the tax return shows the -$3000, but the worksheet in the schedule D instructions will add it back.)

You can only deduct up to your earnings. You cannot get a refund based on it. You can rollover the losses to future years.

A tax refund is a refund of over-withheld taxes or a refund of estimated payments.

If you didn't have any income taxes withheld or didn't make any estimated payments, their is nothing to refund.

Yes, Your losses are limited to $3,000 but you can carried unused losses forward until they are used.