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Level 3
March 26, 2021
Question

Inherited MLP Interest - How to handle passive carryover losses?

  • March 26, 2021
  • 4 replies
  • 45 views

I recently inherited an interest in a publicly-traded MLP.   The asset had accrued passive losses carried over from prior years.  Upon death, the units were transferred (not sold) into my account.  What happens to the passive losses?   For my deceased dad's account, he never sold the units so the passive losses don't appear to be captured there.  For my account, I'm thinking my basis in the investment is simply the unit count times the unit price on the day of his death.   Do passive losses evaporate upon death?       

4 replies

M-MTax
Level 15
March 26, 2021

Unused passive and capital losses evaporate upon death

shydigAuthor
Level 3
March 26, 2021

Thanks martinmarks1919.  Important lesson for my own tax planning....need to use it or lose it!

Rick19744
Level 13
Level 13
March 28, 2021

Keep in mind, that upon death, inherited property (which you received) receives a step-up; so possibly not all that bad.

The rules are complicated, but there is interplay between any suspended losses of a decedent and the step-up received which get taken into account on the decedent's final return.

*A reminder that posts in a forum such as this do not constitute tax advice.Also keep in mind the date of replies, as tax law changes.