I have passive loss carryover from previous years as a partnership. The partnership changed status to a LLC (corporation) where one is now a shareholder. If I sell my shareholder shares, may I take the passive losses from the amount shares are sold on the tax return?
Example: Total of years of passive losses = (100), Sales price of shares = 40.
With an answer of (60).
Can I claim a loss of 60 on the tax return the year the shares are sold?
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if you completely dispose of all the shares you hold, the entire suspended passive loss is allowed.
A disposition generally occurs if the taxpayer’s entire interest in the activity is disposed of in a fully taxable transaction to an unrelated party (Sec. 469(g)(1)).
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