Instructions for Form 8582 (2022)Internal Revenue Service-2025

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Form 8582 must generally be filed by taxpayers who have an overall gain (including any prior year unallowed losses) from business or rental passive activities.
The IRS considers a rental activity to be passive if real estate is used by tenants and rental income (or expected rental income) is received mainly for the use of the property. In other words, owning a rental property and collecting rental income is considered passive and not active in most cases.
If you actively participated in a passive rental real estate activity, you may be able to deduct up to $25,000 of loss from the activity from your nonpassive income. This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities.
Form FTB 3801 is filed by individuals, estates, trusts, and S corporations that have losses (including prior year unallowed losses) from passive activities. Additional information for nonresidents, part-year residents, and S corporations is provided below.
Even though rental income or loss generally is passive, a special rule allows qualifying individuals and estates to offset up to $25,000 of nonpassive income with rental real estate losses and credits.
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Start with Schedule E, then use Form 8582, Passive Activity Loss Limitations, to summarize income and losses from passive activities, and to compute the deductible losses and any non-deductible losses to be carried forward to future years.
Under the self-rental rule, the rental losses are still considered to be passive losses deductible only to the extent of passive income, while rental income generated from self-rentals is treated as active income if the taxpayer materially participates, as defined in IRC 469(h), in the activities of the operating
Form 8582 is required if you have a passive activity loss from a rental real estate or business activity. Specifically, you must file Form 8582 if any of the following apply: You have an overall gain from your passive activities and prior year unallowed passive activity losses.

form 8582 instructions 2022