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| Dave Woods, EA wrote: - quote - > "David Haffey" <haffey[at]haffeycpa.com> wrote:
That doesn't quite answer what he asked.> > Individual owns 50% of LLC (1065). LLC owns several rental > > properties. Individual has unused passive activity losses > > from prior years as a result of losses reported on his > > K-1's. In 2002, LLC sells one rental property at a gain. > > > It is my understanding that this gain is passive activity > > income. Question; can the individual deduct unused LLC > > losses to the extent of this gain even though the losses > > relate to several rental properties only one of which has > > been sold, or can or must we determine the portion of > > unused passive losses that relates to the specific property > > sold and deduct that portion in full? > Well if it were being done properly, you were tracking > losses derived from each property. In that instance, yes > you could deduct losses relative to that property when it > was sold. You may deduct losses allocated to the OTHER activities to the extent there exists a net gain on the property the partnership disposed of if after netting its gain on sale against its suspended loss, a gain is still present. You also deduct the suspended loss from the property that was sold even if the loss is greater than the gain on sale (in which case, there's nothing to allocate to the other activities) because you have disposed of the activity. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| "David Haffey" <haffey[at]haffeycpa.com> wrote: - quote - > Individual owns 50% of LLC (1065). LLC owns several rental
Well if it were being done properly, you were tracking> properties. Individual has unused passive activity losses > from prior years as a result of losses reported on his > K-1's. In 2002, LLC sells one rental property at a gain. > It is my understanding that this gain is passive activity > income. Question; can the individual deduct unused LLC > losses to the extent of this gain even though the losses > relate to several rental properties only one of which has > been sold, or can or must we determine the portion of > unused passive losses that relates to the specific property > sold and deduct that portion in full? losses derived from each property. In that instance, yes you could deduct losses relative to that property when it was sold. -- David M. Woods, EA Boston, MA 02109 Postings here are general information only and not to be relied upon as advice. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| Individual owns 50% of LLC (1065). LLC owns several rental properties. Individual has unused passive activity losses from prior years as a result of losses reported on his K-1's. In 2002, LLC sells one rental property at a gain. It is my understanding that this gain is passive activity income. Question; can the individual deduct unused LLC losses to the extent of this gain even though the losses relate to several rental properties only one of which has been sold, or can or must we determine the portion of unused passive losses that relates to the specific property sold and deduct that portion in full? << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| llcowned, losses, passive, property, rental |
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