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California Rental Sch E Returns

SantaClaude
Level 2

My client has rentals with material participation so no passive income. Combined with Depreciation the rentals are net loss. When I transfer data to California 540 the CA Adjustments (540) Section B additional income from Fed Schedule line 5 Rental real estate etc.. under column Fed = a negative number or a loss (non Passive). However under the state adjustments for California it treats the Federal loss as non-passive and does add the Federal loss to CA income. What am I missing. This has never been a issue in prior years? Thanks

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3 Comments 3
Just-Lisa-Now-
Level 15
Level 15

CA starts with the Federal AGI, then makes adjustments from there, sometimes you see depreciations adjustments on the CA return.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Just-Lisa-Now-
Level 15
Level 15

Someone else dug this up, but this might help.   

Material Participation in Real Property Business – IRC Section 469(c)(7):

Beginning in 1994, and for federal purposes only, rental real estate activities of taxpayers engaged in real property business are not automatically treated as passive activities. California did not conform to this provision. 

 

P.S. Thanks for the email Marc!!


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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SantaClaude
Level 2

Thank you, my question is more related to the ProSeries Tax software, it there a special check place or mark in the 540 tax return to review non-passive to passive Federal Schedule E real estate transactions.

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