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EP27
Level 1

Do i need Form 3801? I filed form w-2 and 1099, why i need that form (3801)

Thanks for the suggestion. Unfortunately, the form does not show up in that place for an easy "delete" option. That form only shows up as a Worksheet during my Federal Review. There is no data on the sheet that asks for my EIN, and no way to click into the form.  I'm ready to scrap TurboTax and go with another company....unless I can figure this out in the next 24-48 hours.

ThomasM125
Expert Alumni

Do i need Form 3801? I filed form w-2 and 1099, why i need that form (3801)

@EP27

Form 3801 would be populated if you had a loss on your rental activity that was not fully deductible or other passive losses. So it is possible this is the first year you had a loss, that may be why it didn't show up in previous years.

 

It is a necessary form if you have passive losses from a real estate activity that are not fully deductible.

@EP27 

[Edited 2/22/2022 at 12:33 PM PST]

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EP27
Level 1

Do i need Form 3801? I filed form w-2 and 1099, why i need that form (3801)

@ThomasM125 Thank you for the info.  If you can confirm that passive losses include a negative number with approximately $10k/year in depreciation, then I have had passive losses every year for 10 years or so. Still, my prior returns did not generate Form 3801.  For example, 2020's return, Schedule E "supplemental income and loss" reports -$11,378 on line 26.  Still, no form 3801 was generated.  I'm stumped. In 2021 I also did not have anything out of the ordinary in terms of capital expenditures, or Section 179 stuff.  Just run of the mill rental management expenses.  Thoughts?

ThomasM125
Expert Alumni

Do i need Form 3801? I filed form w-2 and 1099, why i need that form (3801)

There would be an exception to including the form 3801 if you had a loss that was fully deductible on your federal income tax return (typically a loss under $25,000) and you have no other passive activities. Your loss would not be fully deductible if your income was over $100,000. If you had a non-deductible loss in a prior year, it can be carried over to future years.

 

 

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EP27
Level 1

Do i need Form 3801? I filed form w-2 and 1099, why i need that form (3801)

Thomas I think the last sentence explains it all.  Whew!  Sounds like I need the 3801 and need to wait.  Thanks so much!  

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