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March 14, 2023
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K-1 loss not recording in TurboTax

  • March 14, 2023
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I am a general partner of an LLC and actively manage one property in another state.  When I input the loss listed on my K-1 into TT, it shows up as passive income and is not included as an non-passive loss in Schedule E.  I have confirmed with my LLC accountant that the loss is deductible, however TT is not coding it as such.  Even when I note that I am actively managing and it is at risk, TT is still categorizing it as passive income, which it is not.  How do I fix this?  

 

I also noticed that my last year's return were also incorrectly categorizing losses as passive and now have to amend that return.  How do I fix this in last year's return?

    Best answer by MinhT1

    Real estate rental activity is considered passive even if you materially participate. It is only non-passive if you qualify as a real estate professional.

     

    Spending more than 750 hours in real estate alone is not sufficient to qualify as a real estate professional. You need to pass all the following four tests.

     

    For TurboTax to consider your actively as non-passive, you need to check both boxes saying that you spend more than 750 hours a year actively involved in real estate and that you spent more than 50% of your work-related time involved in real estate,

     

    You are a real estate professional if all of the following are true:

     

     - You materially participated in a real property trade or business.

     - More than half of your time is involved in real estate activities during the year.

     - You materially participated for more than 750 hours in this business.

     - You materially participated in each rental real estate activity.

     

    real property trade or business is any business that involves property:

     

     - Development

     - Construction

     - Redevelopment

     - Reconstruction

     - Acquisition

     - Conversion

     - Rental operation

     - Management

     - Leasing

     - Brokerage

     

    Please read this IRS document for more information.

    1 reply

    MinhT1Answer
    March 14, 2023

    Real estate rental activity is considered passive even if you materially participate. It is only non-passive if you qualify as a real estate professional.

     

    Spending more than 750 hours in real estate alone is not sufficient to qualify as a real estate professional. You need to pass all the following four tests.

     

    For TurboTax to consider your actively as non-passive, you need to check both boxes saying that you spend more than 750 hours a year actively involved in real estate and that you spent more than 50% of your work-related time involved in real estate,

     

    You are a real estate professional if all of the following are true:

     

     - You materially participated in a real property trade or business.

     - More than half of your time is involved in real estate activities during the year.

     - You materially participated for more than 750 hours in this business.

     - You materially participated in each rental real estate activity.

     

    real property trade or business is any business that involves property:

     

     - Development

     - Construction

     - Redevelopment

     - Reconstruction

     - Acquisition

     - Conversion

     - Rental operation

     - Management

     - Leasing

     - Brokerage

     

    Please read this IRS document for more information.

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    mhp5Author
    March 14, 2023

    My accountant confirms that this is deductible and would be considered an active loss.  How do I enter this into TT?  It is not recognizing it.

    Employee
    March 15, 2023

    @mhp5 wrote:

    My accountant confirms that this is deductible and would be considered an active loss.  How do I enter this into TT?  It is not recognizing it.


    In the above post, @MinhT1 explained to you why the loss would be passive unless you are a real estate professional who materially participated in the rental activity. I agree with @MinhT1.

     

    If your accountant disagrees, perhaps you can inquire as to the rationale for the disagreement and any section(s) of the tax code and/or regulations your accountant is relying on for his opinion.