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

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Suhaib Rehman
2
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2
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File amendment to claim passive activity loss in investment property being a Realtor

Suhaib Rehman
Posted

Good day Everyone,

I am a professional in tech, my wife is a realtor

I bought the house last year and incurred a net loss. 

When I filed taxes using turbo tax, I filed Schedule E but there was no form  8582 which is to deduct losses from active income for claiming the loss in investment property through material participation.  Turbo tax suggested that this loss is not a qualified loss to apply to net income as I didn't actively participate in managing the property to consider this loss as an active participation loss. 

I am wondering if we can amend the tax return for 2022 and if we qualify to claim this loss.

1) Can my wife file as a Realtor and act as a material participant? She is on the title of the investment property and we filed jointly

2) What proof do we need to present to qualify as material participation? This is really confusing. I am not clear whether we can claim this loss or not. 

3) I used the assessed improvement value from last year's property tax which during tax filing (section E) is lower than the re-assessed value. I didn't receive the newly assessed value (in the supplementary property tax) from the county after I filed the taxes. Can I correct that as well during the amendment? 

Thanks

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