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March 9, 2025
Question

Will my like kind exchanged rental property not to be listed on the Form8582?

  • March 9, 2025
  • 1 reply
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My rental property was using form 8582 for years, why it is not this year?

    1 reply

    March 10, 2025

    Yes, it will be listed on the Form 8582, if you have a passive loss carryforward or if you have a loss on the exchanged rental property received in your 1031 exchange. Keep in mind that your new property is treated just like the property you gave up as though it was the same property.

     

    To be clear, continue the depreciation as though there was no trade. Then with any extra cash that was paid for the replacement property (the property received in the exchange) you set up a new asset and begin depreciation in 2022 as residential rental property using 27.5 year recovery period (depreciation method).

     

    Phaseout Rule: The maximum special allowance of $25,000 ($12,500 for married individuals filing separate returns and living apart at all times during the year) is reduced by 50% of the amount of your modified adjusted gross income that’s more than $100,000 ($50,000 if you’re married filing separately). If your modified adjusted gross income is $150,000 or more ($75,000 or more if you’re married filing separately), you generally can’t use the special allowance. This is because the special allowance is reduced to $0 since the modified adjusted gross income is over the $100,000 amount.

     

    Check the passive activity loss (PAL) carryforwards from 2023. 

    Use the magnifying glass to Search (upper right) > Type rentals > Jump to Rentals > Select Edit beside your Rental Activity  > Under Less Common Situations > Review Carryovers, limitations, at risk info, etc. > Continue to enter your passive loss carryover or confirm it is there.

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