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Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

 
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Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

As Lisa said, you can't pick and choose to take it or not.  It is required if you are "active" (most rentals owners are).

Tax Code Section 469(a) disallows passive losses.  However, 469(i) says "subsection (a) shall not apply to that portion of the passive activity loss … which is attributable to all rental real estate activities with respect to which such individual actively participated in such taxable year” (then it limits the loss to $25,000).

https://www.law.cornell.edu/uscode/text/26/469#i

If you were "active", you are not allowed to say that you were not, just because you want to defer the losses.  That would be tax fraud.



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21 Replies

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

You're not required to take any "special allowances"...maybe youre asking the wrong question.
♪♫•*¨*•.¸¸♥Lisa♥ ¸¸.•*¨*•♫♪

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

As Lisa said, you can't pick and choose to take it or not.  It is required if you are "active" (most rentals owners are).

Tax Code Section 469(a) disallows passive losses.  However, 469(i) says "subsection (a) shall not apply to that portion of the passive activity loss … which is attributable to all rental real estate activities with respect to which such individual actively participated in such taxable year” (then it limits the loss to $25,000).

https://www.law.cornell.edu/uscode/text/26/469#i

If you were "active", you are not allowed to say that you were not, just because you want to defer the losses.  That would be tax fraud.



Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

Thanks, Bill.  What you're stating makes sense, but I'm still seeing the words "allowed", vs. "required" within the link that you provided.

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

In other words, if it's "allowed", does that mean the same thing as "required" to the IRS?  If so, I find that quite odd.

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

In most cases, it does mean required.

However, even if it was not required, if it is "allowed" there would be no provision to carry forward any expenses because it was not "disallowed".

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

Thanks, Bill.  I think I see your point, when looking at the 8582 form.
Rachel_W
Expert Alumni

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

I cannot find where it specifically states that you are REQUIRED to take the "special allowance" for rental losses, but I believe you are looking for IRS Publication 925, Page 4https://www.irs.gov/pub/irs-pdf/p925.pdf.

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

Thanks, but it's not in that publication.  

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

The reason I don't want to take it is because it would be a lot more useful in other years.  And yet, there seems to be an assumption that it's required as soon as one is qualified, without any specific wording to that effect.
Rachel_W
Expert Alumni

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

@specialallowance Maybe I am misunderstanding your question?  Pub 925 discusses the special allowance but like I said, I cannot find anything that specifically states you are required to take the allowance.
Rachel_W
Expert Alumni

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

@specialallowance I don't think it's a "choice" that you make in this scenario.  It is called a "special" allowance because it is an exception to the rule that you cannot deduct passive losses.

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

I sincerely appreciated the response, and I think you're understanding my question, now.  I've seen other postings which state that you're required to take it, but those postings are not backed up with any IRS reference.

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

So, I guess the question remains - can I just decline to take the $25K special allowance for a particular year?

Can someone refer me to the specific IRS publication which states that one is REQUIRED to take the "special allowance" (up to $25K) for rental losses?

You cant pick and choose when to use your losses....Im not sure I understand what you keep referring to as "special allowance"
♪♫•*¨*•.¸¸♥Lisa♥ ¸¸.•*¨*•♫♪
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