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Updated about 2 years ago on . Most recent reply presented by

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Andrew Caggiano
  • Collierville, TN
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Carryover passive losses

Andrew Caggiano
  • Collierville, TN
Posted

Hi everyone,

Our partnership files a 1065 for passive real estate income.  In the past we've always reported passive losses on our real estate investing activity.  This year (2022 tax return) we are reporting passive net income for the first time.  Can we use previous years' passive losses to offset this year's income?  If so, where is that reported?  The only place I could see was maybe on the Form 8825 on line 15 as part of "other" rental real estate expenses.  Is that correct, or is there somewhere else to apply carryover passive losses?  Or, alternatively, do we need to report net income and then apply carryover passive losses on our personal tax returns? Thanks in advance for any help!

Andy

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Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
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Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
Replied
Quote from @Andrew Caggiano:

Many thanks for the reply, Michael. One follow in question: As a pass through entity, does the LLC bear any tax burden for net income, or does that always flow through to the individual return(s)? Our LLC is based in TN; one partner lives in TN and the other lives in MA.


The very concept of pass-through is that the partnership bears no tax burden (and reaps no tax benefit) whatsoever, it all passes through to the partners

  • Michael Plaks
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