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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.
The passive activity loss rules generally limit the ability of taxpayers to shelter salaries, wages and interest income with deductions and credits from passive activities, that is, trade or business activities in which the taxpayer does not materially participate.
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. See Exception under Who Must File, later. Regrouping due to Net Investment Income Tax.
If you or your spouse actively participated in a passive rental real estate activity, the amount of the passive activity loss thats disallowed is decreased and you therefore can deduct up to $25,000 of loss from the activity from your nonpassive income.
Form 8582 is used by noncorporate taxpayers to figure the amount of any passive activity loss (PAL) for the current tax year and to report the application of prior year unallowed PALs.
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You can only claim the losses against your passive income derived from that passive activity. The IRS provides a special $25,000 allowance loophole if your losses were the result of rental real estate activity, although it also depends on your modified adjusted gross income (MAGI).
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.

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