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Level 5
August 26, 2021
Question

Indiana Nonresident - State Passive Loss Carryforward?

  • August 26, 2021
  • 1 reply
  • 10 views

Maryland resident invests in Indiana property.  Bonus depreciation from a cost seg results in a large federal loss (allowed due to unrelated passive gains), but Indiana decoupling doesn't allow as large a loss.  In future years there are Indiana losses (and federal income) because Indiana depreciation exceeds federal depreciation.  Should there be an Indiana-specific passive loss carryforward that's allowed when the property is sold?  How should this be entered in Lacerte?  Thanks!

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1 reply

sjrcpa
Level 15
August 26, 2021

Wouldn't this be handled by depreciation adjustments in future years?

I'm not familiar with IN, but for example that's how it would be handled on a MD return.

The more I know the more I don’t know.
TaxGirl3Author
Level 5
August 26, 2021

Do you mean that, if sold, the gain calculated on the Indiana partnership tax return would be less than the federal gain?  That would be correct and the gap would narrow over time. 

My question is if, for example, in year 2 there's $1k of federal income and $200k of Indiana loss (due to, in MD terms, a 'decoupling subtraction'), does that loss carry forward for Indiana purposes to offset the eventual sale (i.e. is there a separate Indiana passive loss carryforward or is the year 2 loss effectively lost)?   Am I thinking about this the wrong way?

 

sjrcpa
Level 15
August 26, 2021

Each year the IN income or loss would be adjusted by the difference between federal and IN depreciation.

If sold before being fully depreciated for IN, there would be a basis difference resulting in different federal and state gain or loss.

The more I know the more I don’t know.