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Is it possible to offset a Section 1250 gain on Schedule K-1 with disallowed prior year passive loss carryovers?
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Is it possible to offset a Section 1250 gain on Schedule K-1 with disallowed prior year passive loss carryovers?
1250 gain is kind-of unique in that it is comprised of a few parts. The depreciation that the business took on your real property is recaptured at the max 25% capital gains rate. This is not ordinary income so I don't think that you wouldn't be able to offset it with a prior year PAL from Sch E / Form 8582. You would instead offset them with capital losses, if any, from schedule D. I think that the portion of the gain that is ordinary income would offset the PAL if you don't have active participation in the business that generated the K-1.
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