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jlocati
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Can I apply the passive loss carryovers for state of California from properties not sold to the properties that were sold to offset gain?

 
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view2
New Member

Can I apply the passive loss carryovers for state of California from properties not sold to the properties that were sold to offset gain?

Under "California Revenue and Taxation Code Section 17561" California  follows basically IRS section 469

c)?Section 469(g)(1)(A) of the Internal Revenue Code is modified to provide that if all gain or loss realized on the disposition of the taxpayer's entire interest in any passive activity (or former passive activity) is recognized, the excess of-

(1)?The sum of-

(A)?Any loss from that activity for that taxable year (determined after application of Section 469(b) of the Internal Revenue Code), plus

(B)?Any loss realized on that disposition, over

(2)?Net income or gain for the taxable year from all passive activities (determined without regard to losses described in paragraph (1)),

shall be treated as a loss which is not from a passive activity.

 http://codes.findlaw.com/ca/revenue-and-taxation-code/rtc-sect-17561.html#sthash.zmatv8Jh.dpuf

However with the peculiarity of California's law the advice of a qualified CPA would maximizes your benefit and ensure conformity with the state code.

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