Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Jun 4, 2019 3:08:04 PM

If I donate a rental property to charity, am I able to get the charitable deduction and deduct my suspended passive losses on it as well?

0 1 2081
1 Best answer
Intuit Alumni
Jun 4, 2019 3:08:05 PM

Yes and no. You can't deduct the losses, they will be added to the basis.

____ If disposition was by gift or charitable contribution, loss is not deductible.  Instead, the basis of the asset for the donee is increased by unused losses.  See IRC § 469(j)(6).

_____ If loss is from a "rental", verify that it was not a temporary rental of the taxpayer'sresidence.  If the rental period was less than a year or two, IRS may view it as a temporary rental lacking in the necessary profit motive under IRC § 183, i.e. a nondeductible loss.   Deductions for rental of a personal residence may also be limited under IRC § 280

https://www.irs.gov/businesses/small-businesses-self-employed/passive-activity-loss-atg-exhibit-5-2-...

1 Replies
Intuit Alumni
Jun 4, 2019 3:08:05 PM

Yes and no. You can't deduct the losses, they will be added to the basis.

____ If disposition was by gift or charitable contribution, loss is not deductible.  Instead, the basis of the asset for the donee is increased by unused losses.  See IRC § 469(j)(6).

_____ If loss is from a "rental", verify that it was not a temporary rental of the taxpayer'sresidence.  If the rental period was less than a year or two, IRS may view it as a temporary rental lacking in the necessary profit motive under IRC § 183, i.e. a nondeductible loss.   Deductions for rental of a personal residence may also be limited under IRC § 280

https://www.irs.gov/businesses/small-businesses-self-employed/passive-activity-loss-atg-exhibit-5-2-...