Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago on . Most recent reply presented by

User Stats

101
Posts
14
Votes
Roy Mitle
  • Palo Alto, CA
14
Votes |
101
Posts

Is sec1231 gain considered passive/active?

Roy Mitle
  • Palo Alto, CA
Posted

I invested in a syndicate that shows 1231 gain due to sale of some of its properties. Some of the other properties in the syndicate have not been sold so it is not final K1. This shows up in box10 of K1

My CPA says I have to pay capital gains on that 1231 and I cannot offset that capital gain against any other passive losses. For instance I have yearly passive losses from my own rental property (Schedule E). I also have passive losses from other partnerships (K1 box 2).

She claims sec1231 is active capital gain even though it was done by my syndicate. Is she right?

Loading replies...