Discussion:Rental losses from S-Corp
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Discussion Forum Index --> Tax Questions --> Rental losses from S-Corp
23 August 2007 | |
New client has mutliple rental properties in an S-Corp (I know, don't ask - nothing to do with me!). Anyway we have suspended passive losses on the different properties and I'm wondering if a single property is sold whether there is a release of the losses on that property or as I suspect becuase they are flowing through from the S-Corp the suspended losses are accumulated and not released until all rental activities stop. Any thoughts would be appreciated! |
23 August 2007 | |
when one property is sold, is there an overall gain (netting suspended losses from that property with capital gain and §1250 unrecaptured gain)? Or is there still an overall loss for that property? |
August 23, 2007 | |
Sucks, doesn't it? I have the same thing, a guy that I inherited with 30 properties in an S, all losses, all the time. Duh. Should sue the prior accountant, and I do NOT believe in suits hardly ever. But this so over the top malpractice...of course he had to have an attorney somewhere who blessed it too. I think he'll never see anything out of this, since his losses suspend for lack of basis, even selling properties won't cover the losses....just horrid. And then folks keep writing in wondering what the problem is? |
23 August 2007 | |
Thanks for the responses guys! So it sounds like my assumptions are correct. As the losses are not suspended at the corporate level (all flow through on K-1) they are grouped and suspended so selling a single property does not release the suspended losses on that particular property? Sound right?? |
August 23, 2007 | |
Yes, I believe that that's right. Have yet to run the 06 return for my new guy, he's got to provide the info. So far, I have to enter all the data in the 05 and then roll it over, and I'm wondering myself where the suspended losses will track, on the 8825 data or the 1040? Kevin had some insight on this when I first talked about this client. Maybe he remembers. |
23 August 2007 | |
JR, is this the discussion you are referring to? Discussion:Real Estate Professional and the grouping of rental activities
or was it Discussion:Unbelievable Yikes! S Corp Rental Real Estate (skip the last 2/3rds unless you like arguments for the sake of arguments) although Wes think's otherwise in this example Discussion:Passive Loss from a S Corp I'll throw this in for fun Discussion:Passive Activities - 2nd tier is S Corp Discussion:S-Corp/LLC Net Income against real estate loss? Internal Revenue Code:Sec. 469. Passive activity losses and credits limited |
August 23, 2007 | |
Thanks, Kevin, it's the second link. The issue is the disposition of the ENTIRE activity. What does that mean when you have all these properties inside an S? Does each property stand alone? I need to research this a tad myself. Thanks for that link, too. |
23 August 2007 | |
the question you just asked is key:
is each rental a separate activity for the taxpayer or is the entire S corp one activity? That is, does the running of multiple rentals through an S corp effectively aggregate them for purposes of the passive activity loss rules? |
24 August 2007 | |
I just got out my 2002 1040 Extra text:
"Partners and S corporation shareholders may also claim a current deduction for suspended passive activity losses when they dispose of their entire interest in the partnerhip or the corporation, OR WHEN THE PARTNERSHIP OR CORPORATION DISPOSES OF ALL OF THE PROPERTY USED IN THE PASSIVE ACTIVITY." |
24 August 2007 | |
There is an MSSP on Passive Activity Losses, if someone wants to look at the link provided here. |
24 August 2007 | |
From the MSSP (page 8-3)
Partnerships and S Corporations |
24 August 2007 | |
Treasury Regulations, Subchapter A, Sec. 1.469-2 |
24 August 2007 | |
Treasury Regulations, Subchapter A, Sec. 1.469-4 |
24 August 2007 | |
Reg. § 1.469-4(d)(5).
(ii) Cross reference. An activity that a taxpayer conducts through a C corporation subject to section 469 may be grouped with another activity of the taxpayer, but only for purposes of determining whether the taxpayer materially or significantly participates in the other activity. See §1.469–2T(c)(3)(i)(A) and (c)(4)(i) for the rules regarding dividends on C corporation stock and compensation paid for personal services.
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<p>Kevinh5 (talk|edits) said:</p> | 24 August 2007 |
So there we go, the S corp grouped the rentals together, therefore the shareholder cannot ungroup them to free up the passive losses.
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<p>Kevinh5 (talk|edits) said:</p> | 24 August 2007 |
JR1, I will delegate it to you to commit this thread to memory so we can find it next time someone asks. |
<p>JR1 (talk|edits) said:</p> | August 24, 2007 |
Adding to Bookmarks now. Guess I'm buying the scotch in Madison. |
<p>Illini (talk|edits) said:</p> | 10 October 2007 |
Doesn't grouping of separate rental activies under section 469 require an election to be made?
If the election was never made, and tax records clearly show separate rental activities on the 8825, then why wouldn't the sale of separate properties constitute sale of an entire rental activity? |
<p>Kevinh5 (talk|edits) said:</p> | 10 October 2007 |
Randy, that is true for individuals. Read my research above. Kevin |
<p>Kevinh5 (talk|edits) said:</p> | 10 October 2007 |
Wes, when you get a chance, will you review the above research and see if you need to modify your answer given in Discussion:Passive Loss from a S Corp. Thanks. |