Hello tax experts:
I have received my K1 in which I have passively participated, a 1231 gain. I believe as per tax rules this should go as long term capital gain in schedule D (turbo tax is doing it correctly) then the same amout is deducted againt my passive loss at form 8582 (which I believe is wrong). In other words, my gain is deducted against passive loss + taxed for this year.
am I entering anything wrong while doing K1 or any other way to prevent this double treatment .. I talked to 4/5 turbo tax customer service agents, though they understand the issue, could not offer any solution. I really appreciate any help from the community.
Thank you !!!!
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the 8582 reporting is correct it is merely used to calculate the amount of passive losses allowed. if you had $150,000 of passive losses and $100,000 of 1231 gain only $100,000 of passive losses would be allowed. the passive loss flows to schedule E page 2 while the 1231 gain (assuming you don't have other gains or losses reported on 4797) flows to schedule D.
you get long-term capital gain treatment on the 1231 gain (see capital gain/qualifying dividend worksheet) while the loss goes against other income in figuring your taxes. note that your ordinary income can push the capital gain into a higher tax rate.
say on a joint return wages are $175,100
k-1 ordinary loss -$100,000 1231 gain $100,000
standard deduction making taxable income $150,000
tax on $50,000 (the ordinary portion of taxable income) tax about $5600
tax on $69,200 of capital gain 15% or about $10,400
tax on $30,800 of capital gain $0
total about $16,000
now increase wages to $275,100
tax on $150,000 (the ordinary portion of taxable income) tax about $24,500
tax on $100,000 capital gain 15% or $15,000
total tax of about $39,500
so that $100,000 extra of ordinary income increased the tax on that portion by $18,900
but it also pushed an additional $30,800 of capital gain into the 15% bracket or an additional $4,600
Thanks Mike for the quick and detailed response..
I totally agree with 1231 gain treated as capital gain and the tax rate thanks..
going back to 8582..
Here is the scenario .. I have 3 K1's first one with passive loss or $40,000 and the second one with passive loss or $30,000 and the third one with 1231 gain of $50,000.
Here is my 1231 gain of $50,000 is taxed as capital gain .. that's good
my understanding is that you mentioned the $50000 is going to passive gain also in 8582 to increase the allowed loses for this year.. is that right ?
Thanks again
look at the 8582 the 1231 gain should be on line 2a
the passive losses will be on line 2b unless they're from active participation in real estate. then the losses will be on line 1b
line 3 would show a 20K net loss
but any limitation is computed in part 2 of the form.
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