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posted Jun 4, 2019 8:27:32 PM

Is passive loss from PTP allowed if I transfer my shares to my wife?

I have shares in a PTP (Publicly Traded Partnership) for half a year in 2018. Then I changed the ownership to my wife. We received 2 K-1s from the PTP with losses. I know my wife's passive loss is disallowed, but how about my passive loss from the PTP? Is my passive loss allowed since I transferred the shares to my wife?

Thanks

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1 Replies
Not applicable
Jun 4, 2019 8:27:35 PM

no   and the reason should be obvious.  if it were ,then the rule barring PTP passive loss deduction would have no effect for married couples who could transfer ownership back and forth each year.  (though there would be a one year delay)  

 These losses can be deducted only against passive income of the PTP or when the interest in the PTP is disposed of in a taxable transaction.  A gift is not a taxable transaction.  and "sale" to your wife would not be recognized.