2678062
I am trying to finish our (couple filing jointly) Turbo Tax return. For some reason, Turbo Tax is not picking up real estate (Box 2) losses from a K-1, which was generated from a partnership (my wife and I are only members). We generated that K-1 when we filed our 2021 1065 using Turbo Tax Business. I have answered that we are General Partners and that we materially participate. It worked last year but is not working this year. The only difference between this year and last year is that the program has not asked if I am a Real Estate Professional like it did last year (I qualify in both years). Any suggestions? Thank you!
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I have answered that we are General Partners and that we materially participate. . the losses would be passive and only allowed to the extent of passive income
see form 8582
with regard to real estate, only real estate professionals are not subject to the passive activity rules.
https://www.irs.gov/pub/irs-pdf/p925.pdf
Passive Activities
There are two kinds of passive activities.
• Trade or business activities in which you
don’t materially participate during the year.
• Rental activities, even if you do materially
participate in them, unless you’re a real estate professional
Hi Mark, thanks for the response. To clarify, I believe I qualify as a real estate professional for these reasons: active participation, I spent more than 750 hours, and more than 50% of my work hours. But in this year's Turbo Tax software, it is not asking me whether I qualify or not, whereas in last year's version it did. As a result, the loss was carried over last year but it is not this year.
There is an allowance of $25,000 for active real estate losses but you cannot exceed an certain AGI. I'm going to venture that you made more money last year than the prior.
Doesn't the real estate professional criteria provide an exception to the AGI phaseout rule?
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