2023 Form 3801-CR Passive Activity Credit Limitations 2023 Form 3801-CR Passive Activity Credit Limi-2025

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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. This deduction phases out $1 for every $2 of MAGI above $100,000 until $150,000 when it is completely phased out.
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.
If the ventures are passive activities, the passive activity loss rules prevent you from deducting expenses that are generated by them in excess of their income. You cant deduct the excess expenses (losses) against earned income or against other nonpassive income.
Passive activity loss rules state that passive losses can be used only to offset passive income. A passive activity is one in which the taxpayer did not materially participate during the year in question. Common passive activity losses may stem from leasing equipment, real estate rentals, or limited partnerships.
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.
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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.
Passive activities include trade or business activities in which you dont materially participate. You materially participate in an activity if youre involved in the operation of the activity on a regular, continuous, and substantial basis.
Leasing equipment, home rentals, and limited partnership are all considered examples of common passive activity. When investors are not materially involved they can claim passive losses from investments like rental properties.

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