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Level 4
March 13, 2020
Solved

Can I Use Suspended Passive Losses Against Sale of Business/Rental Property?

  • March 13, 2020
  • 12 replies
  • 53 views

Selling a rental property.  A qualifying sale.  Have suspended passive losses.  How can I use these against capital gain?  Against depreciation recapture?  Where to enter?  BTW this property also qualifies for the $250K home exclusion.

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Best answer by Accountant-Man

I screwed up.  The amounts on 8582 Pt I, ln 1d and ln 4 are not losses, they are a positive number.  The math on 8582 looks like this.

 

1a. $157,037(gain after $250K home exclusion)

1b. -$10,031, Activities with net loss

1c. -$51,793, Prior years unallowed losses

1d.  $95,213

 

So down on 8582 Sec 4, ln 4, it says “If this line is 0, or more, stop here and include this form with your return;  all losses are allowed, including any prior year unallowed losses entered on line 1c, 2b, or 3c.  Report losses on the forms and schedules normally used.”  What forms and schedules is line 1c reported on.  I would have expected to see the losses -$10,031 & $51,793 to be combined and offset ordinary income.  But I see $157,037 as a capital gain on Schedule D.  Can't suspended losses be be used to offset ordinary income?  Am I missing something here?


What should happen is the gain goes on the 4797 and Sch D and the losses remain on Sch E.

12 replies

Intuit Community Champion
March 13, 2020

When you fill out the asset worksheet showing a disposition, the program should do the work for you (at least with Pro) your suspended losses should be taken. As far as the section 121 exclusion, you fill out the sale of home worksheet. I believe you are talking about the sale of a duplex or similar rental property 

Just-Lisa-Now-
Intuit Community Champion
March 13, 2020

Checking Box H on the Sch E worksheet should free up suspended losses.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Level 4
March 13, 2020

Still can't get suspended losses to propagate against gain on sale of biz/rental property.  Box H is checked w/ Active & Material participation.  I can see the passive loss calculation on 8582 pg1, Pt I, ln 1D and 4, both $90K.  On Pt II Ln 5 says "Enter the loss on ln 1d or 4....."  Nothing there.  Any suggestions?

Level 4
March 14, 2020

I screwed up.  The amounts on 8582 Pt I, ln 1d and ln 4 are not losses, they are a positive number.  The math on 8582 looks like this.

 

1a. $157,037(gain after $250K home exclusion)

1b. -$10,031, Activities with net loss

1c. -$51,793, Prior years unallowed losses

1d.  $95,213

 

So down on 8582 Sec 4, ln 4, it says “If this line is 0, or more, stop here and include this form with your return;  all losses are allowed, including any prior year unallowed losses entered on line 1c, 2b, or 3c.  Report losses on the forms and schedules normally used.”  What forms and schedules is line 1c reported on.  I would have expected to see the losses -$10,031 & $51,793 to be combined and offset ordinary income.  But I see $157,037 as a capital gain on Schedule D.  Can't suspended losses be be used to offset ordinary income?  Am I missing something here?