Form 8582-CR (Rev December 2024) Passive Activity Credit Limitations-2025

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Passive income special allowance for rental property 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. Nonpassive income is money you earn from a job or self-employment.
Form 8582 helps individuals who earn income from rentals or businesses in which they dont actively participateknown as passive activitiesdetermine the losses they can deduct on their tax return for that year.
The IRS defines passive income as activities where the taxpayer does not materially participate, such as limited partnerships or rental activities (unless the taxpayer qualifies as a real estate professional).
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.
Many of the deductions and credits that taxpayers commonly take advantage of each year are subject to AGI limitations. If you itemize deductions, for example, you must reduce your medical and dental expenses by 7.5% of your AGI. This means that you can only deduct the amount that exceeds 7.5% of your AGI.
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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.
Generally, you may fully deduct any previously disallowed passive activity loss in the year you dispose of your entire interest in the activity. In contrast, you may not claim unused passive activity credits merely because you disposed of your entire interest in the activity.
There is no specific income limit for passive losses. However, the amount of passive losses you can deduct against other types of income may be limited based on your overall income level. If your adjusted gross income exceeds certain thresholds, your ability to deduct passive losses may be restricted.
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.
Form 8582-CR is used by noncorporate taxpayers to figure the amount of any passive activity credit (PAC) for the current tax year (including any prior year unallowed credits) and the amount of credit allowed for the current year.

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