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Why is the tax return not limiting rental loss to $25,000? It is allowing the full loss that should be carried forward.

allie-mcwhorter
Level 1
 
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6 Comments 6
TaxGuyBill
Level 15

Was the house sold?

Was there other passive income?

Did you check the box that they are a Real Estate Professional?

Accountant-Man
Level 13

NMI.

Real estate professional?

** I'm still a champion... of the world! Even without The Lounge.
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allie-mcwhorter
Level 1

There isn't any other passive income and the professional box is checked. I know that they should be limited to the $25k and not report the full loss of 51k. Any other thoughts?

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TaxGuyBill
Level 15

@allie-mcwhorter wrote:

and the professional box is checked.


 

If they are a Real Estate Professional and they "Materially Participate" in the rental, there is no limit.  They are allowed to take the entire loss.

So just double-check that they actually DO qualify as a Real Estate Professional.

https://www.irs.gov/publications/p925#en_US_2018_publink1000104591

allie-mcwhorter
Level 1

The box isn't* checked and should not be considered a tax professional, but it's allowing the full loss. 

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TaxGuyBill
Level 15

Have you looked to see if you checked anything that makes it non-passive?

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