JamesG1
Expert Alumni

Business & farm

The exceptions are listed here.

 

Form FTB 3801 is filed by individuals, estates, trusts, and S corporations that have losses (including prior year unallowed losses) from passive activities. Additional information for nonresidents, part-year residents, and S corporations is provided below.

Exception. You do not have to file form FTB 3801 if you meet both of the following conditions:

  • You have a net loss from rental real estate activities that is fully deductible under the special allowance for rental real estate.
  • You have no other passive activities.

Passive activity is activity that a taxpayer did not materially participate in during the tax year. The Internal Revenue Service (IRS) defines two types of passive activity:

  • trade or business activities to which the taxpayer did not actively contribute, and
  • rental activities.
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