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?

[Coleen3 · Accepted solution]

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-...