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February 27, 2021
Question

I have passive activity losses from prior years on schedule 8582 but they are shown as unallowed losses. Where do i show this on this years tax forms? Reg Tx Carryover?

  • February 27, 2021
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1 reply

ColeenD3
February 27, 2021

Yes, unallowed losses on Form 8582 will continue to carry forward until you sell the property. 

 

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.

A PAL occurs when total losses (including prior year unallowed losses) from all your passive activities exceed the total income from all your passive activities.

Generally, passive activities include the following.

  • Trade or business activities in which you did not materially participate for the tax year.

  • Rental activities, regardless of your participation.

 

PALs can’t be used to offset income from nonpassive activities. However, a special allowance for rental real estate activities may allow some losses even if the losses exceed passive income.

PALs not allowed in the current year are carried forward until they’re allowed either against passive activity income; against the special allowance, if applicable; or when you sell or exchange your entire interest in the activity in a fully taxable transaction to an unrelated party.

 

Form 8582

March 6, 2021

What about the situation where I have carried PAL over on form 8582 in previous years - through 2019, but in the 2020 I stopped renting the property. When I went to fill out TT for 2020, I deleted the rental property and was not prompted for the previous years PAL so it does not show up in my return for 2020. Should I manually add form 8582 to my return to show the PAL from 2019?

March 9, 2021

The carryover loss may have been removed since you deleted the rental property.  You will need that information when or if you sell the property in the future so be sure to keep the records until that time.

 

If you are using TurboTax CD/Download version you can add Form 8582 to your return to continue to keep the passive activity loss active as a carryforward so that the IRS has it on record. Also to use it against any potential passive income.

  1. Open your TurboTax return > Change to Forms > Click Open Form above the Forms in My Return section >
  2. Type 8582 in the Type a form name box > press enter > Select each page of the 8582 you need > Click Open Form
  3. Manually add the information on the appropriate lines using your 2019 form

This is not available in TurboTax Online.

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