Passive Activity Loss (PAL) Rules
Authority: IRC §469; Form 8582
The passive activity loss rules of Section 469 are the third and usually toughest gate for deducting business and rental losses. Activities in which the taxpayer does not materially participate, plus all rental activities by default, are "passive," and passive losses can only offset passive income, not wages or portfolio income. Disallowed losses are suspended and carry forward indefinitely, becoming fully deductible in the year the taxpayer disposes of the entire activity in a taxable sale. Two major escape hatches exist for real estate: an active-participation allowance that lets moderate-income landlords deduct up to $25,000 of rental losses (phasing out between $100,000 and $150,000 of AGI), and real estate professional status, which removes the automatic passive label from rentals entirely. The rules apply after basis and at-risk limits, in that order.
Example
A physician earning $400,000 in wages owns a rental producing a $30,000 paper loss from depreciation. Because the rental is passive and her income is too high for the $25,000 allowance, the loss is suspended; it offsets future rental income or is released when she sells the property.
Related terms
Material Participation
Material participation is the standard that decides whether a business activity is passive or non-passive for a...
Real Estate Professional Status (REPS)
Real estate professional status removes the automatic "passive" label that Section 469 puts on all rental...
Short-Term Rental Loophole
The short-term rental "loophole" is a quirk in the passive activity regulations: a property whose average guest stay...
At-Risk Limitation
The at-risk rules of Section 465 are a second gate a loss must pass through after basis: a taxpayer can deduct...
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