Form IT-182: 2003, Passive Activity Loss Limitations, IT182 - tax ny-2025

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Selling a rental property for a gain will allow you to activate any suspended passive losses regardless of which property you sell and which property actually produced the losses. This means that you can sell property A for a gain and activate the suspended losses produced by properties B, C, and D.
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.
Special $25,000 allowance. If you or your spouse actively participated in a passive rental real estate activity, the amount of the passive activity loss that is disallowed is decreased and you therefore can deduct up to $25,000 of loss from the activity from your nonpassive income.
What Happens to PALs in a 1031 Exchange? If an investor has PAL on a passive investment, they can carry the loss over to future investments acquired through a 1031 exchange. The PAL can continue to carry over and accrue until they dispose of the investment outside of a 1031 exchange.
What is the loophole for passive activity loss? The main loophole is qualifying as a real estate professional under IRS rules. If you meet the 750-hour rule and materially participate in your rentals, your losses are considered active and deductible against all income.
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Structuring A 1031 Exchange Will Defer A Gain Or Loss You can not change your mind when you complete your income tax return and realize that you actually have a loss. The loss must be deferred if the disposition or sale was structured as a 1031 exchange transaction.
Treatment of Passive Activity Losses and 1031 Exchanges If a real estate owner disposes of his entire interest in a passive activity to an unrelated person in a fully taxable transaction, he may offset any gain with all passive activity losses allocable to the activity, not limited by the PAL rules.
You can generally carry passive losses forward indefinitely until they are offset by passive income. This means that if your client has a passive loss in one year, they can carry it forward to offset passive income in future years.

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