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Level 2
posted Mar 9, 2021 6:44:14 PM

K-1 change from non-passive to passive

I used to work full time for a startup formed as an LLC.  Each year I received a K-1 and reported it as non-passive income.  I have since moved on and am no longer actively involved with the LLC.  Do I now switch over to reporting it as passive income?  Do I wait 5 years (one of the tests asks about being actively involved for 5 out of the last 10 years)?

 

Second question.  If I have carried over non-passive loses from previous years can they still be applied?

0 3 1820
1 Best answer
Level 12
Mar 10, 2021 12:04:00 PM

Yeah, it can change....one year you may materially participate and the next year you may not.

3 Replies
Level 12
Mar 9, 2021 7:35:31 PM

It's passive if you don't materially participate for any year.

Level 2
Mar 10, 2021 6:16:13 AM

So there is no issue with changing between passive and non-passive from year to year (and it is the correct thing to do) if involvement with the business changes as well?

Level 12
Mar 10, 2021 12:04:00 PM

Yeah, it can change....one year you may materially participate and the next year you may not.