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Can ST Cap Gain from a K-1 on Line 11 be offset by PY Cap losses while allowing the same Cap Gain amount as a passive loss?

Nova87
Level 1

Client is a passive investor in a RE limited partnership.  2018 k-1 shows a gain on line 11 of the K-1 with the following note:The amount of ST CG 47K reported on line 11I of Sched K-1 is a gain on the disposition of a partnership interest and is not portfolio income.  Therefore, if you treat this K-1 as passive, the amount reported on Line 11I should also follow this treatment.

I entered the amount on the K-1 and added the additional detail as ST CAP GAIN non-portfolio.  The program then carries this to sched D where it is offset by PY Cap losses.  Line 2 of K-1 shows 56K of rental losses.  Had prior year losses of 25K.  Investment has always been passive.

On line 17 of Schedule 1 the program is now allowing a 47K loss to flow through.  Partner has plenty of tax basis and at risk basis.  Can't shake the feeling that its double dipping.  On the other hand I can see the disposition freeing up suspended PALs and that's why they're getting the second 47K loss.  

Does that make sense?

TIA.

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Accepted Solutions
TaxMonkey
Level 8

Yes, a passive capital gain will free both Passive activity losses and capital loss carry forwards.

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1 Comment 1
TaxMonkey
Level 8

Yes, a passive capital gain will free both Passive activity losses and capital loss carry forwards.

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