Skip to main content
Level 4
August 14, 2026
Question

Removal of carryforward losses due to step up in basis

  • August 14, 2026
  • 9 replies
  • 148 views

Facts:

Jointly owned rental property and the spouse dies 1/5/2025

As of 12/31/2024, there is a carryforward loss of $23,100 for the rental property and the step up in basis is greater than the carryforward loss so therefore, the carryforward loss is eliminated per my understanding of the IRC.

The rental property has a new depreciable basis and a new start date (1/5/2025).

Question:

Is there a special way within the tax software (ProSeries Basic) to eliminate the carryforward loss or do I just zero it out by eliminating the asset in the software and starting a new asset?

9 replies

Intuit Community Champion
August 15, 2026

The amount of carryforward loss greater than step up in basis is lost, and could be all or part of the carryforward loss. On the old asset sheet put date of death under sold asset, and leave rest blank. Make a new asset using the new basis. On the final joint return on the 8582 if all the amount of carryforward is lost you will have to override the amount to zero, and make note as lost due to step up basis greater than loss

doubleg10Author
Level 4
August 16, 2026

Thank you very much for your assistance.  Your detailed assistance is appreciated.

doubleg10Author
Level 4
August 24, 2026

Terry53029:

Regarding From 8582, the 2025 rental losses were ($24,676) and the PY unallowed losses were ($32,483) resulting in a combined loss of ($57,159) (Part I, line 3).  Since Part II, line 6 (MAGI) is greater than the $150,000 threshold, Part II, line 9 is $0, therefore, no losses are allowed for 2025 (if there was some to be allowed).  All PY losses are lost not only because of the step-up is greater than the losses, but also, the MAGI is greater than $150,000.  Is my understanding of this proper?  Thank you.    

BobKamman
Level 15
August 24, 2026

Learn something every day, I wasn’t aware of Section 469(g)(2).  But how does it apply to joint tenants?  Doesn’t the surviving spouse still get to keep his half of the carryover loss?  Not that I would trust AI Slop, but this is what it tells me, suggesting further research:  “Joint Tenancy (50/50): If the couple owned the property jointly, only the deceased spouse’s 50% share triggers the rule. The deceased spouse's 50% of the PALs are reduced by their 50% share of the basis step-up. The surviving spouse simply keeps their own 50% of the PALs suspended.”

doubleg10Author
Level 4
August 24, 2026

Since the state of Washington is a community property state, the step-up in basis is allowed in its entirety.

BobKamman
Level 15
August 24, 2026

What difference does that make?  469(g)(2) applies only to the interest of the deceased taxpayer. The decedent owned half the property and half the carryover loss. I would think twice before telling the survivor that the other half is lost. 

 

Who made the decision to file a joint return for 2024, anyway?  Might have been malpractice, if separate returns would have preserved half a carryover loss that you think is now lost.  What if you file separate returns for 2025?  Are you going to penalize the survivor by taking away his half of the carryover loss?  

doubleg10Author
Level 4
August 24, 2026

It makes a lot of difference for taxpayers residing in Washington.  I made the decision, in concurrence with the client, to file a 2024 joint return as it was more advantageous for the clients.  Even if half of the carryover loss was preserved, it would not have mattered as the step-up in basis was greater than the loss.

BobKamman
Level 15
August 24, 2026

Half the step-up in basis was greater than half the carryover loss.  An apple and an orange is not the same as two apples.  

doubleg10Author
Level 4
August 24, 2026

So much for your fruit analogy.  Whether they are apples or oranges, it still didn’t work.