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(1) In general The term passive activity means any activity (A) which involves the conduct of any trade or business, and (B) in which the taxpayer does not materially participate.
Passive activity loss rules are a set of tax regulations that prohibit taxpayers from using passive losses to offset earned or ordinary income. The regulations prevent investors from using losses incurred from income-producing activities in which they are not materially involved.
It includes earnings from rental properties, limited partnerships, and other projects where youre not involved in the continued generation of earnings.
The passive activity credit is the amount by which the sum of all your credits subject to the passive activity rules exceed your regular tax liability allocable to all passive activities for the tax year. Credits that are included in figuring the general business credit are subject to the passive activity rules.
$25,000 for single individuals and married individuals filing a joint return for the tax year. $12,500 for married individuals who file separate returns for the tax year and lived apart from their spouses at all times during the tax year.
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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.
Generally, passive activity losses that exceed the passive activity income are disallowed for the current year. You can carry forward disallowed passive losses to the next taxable year. A similar rule applies to credits from passive activities.
Under the passive activity rules you can deduct up to $25,000 in passive losses against your ordinary income (W-2 wages) if your modified adjusted gross income (MAGI) is $100,000 or less. This deduction phases out $1 for every $2 of MAGI above $100,000 until $150,000 when it is completely phased out.

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