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Form 8852 - Suspended Rental Loss (PAL) Question

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    Form 8852 - Suspended Rental Loss (PAL) Question

    Taxpayers - MFJ

    Real Property - A:
    Bought in 01/2005
    Used as Principal Residence from 01/2005 thru 09/2009
    Converted to Rental Property from 10/2009 thru 08/2011
    Reconverted to Principal Residence from 09/2011 thru to-date

    Real Property - B:
    Bought in 10/2009
    Used as Principal Residence from 10/2009 thru 09/2011
    Sold at loss in 09/2011

    Loss treatment on Form 8582:

    Year 2009 ( 3 months rented) - MAGI $107000 - Loss ($3700) Fully deducted
    Year 2010 (12 months rented) - MAGI $127000 - Loss ($5600) Fully deducted
    Year 2011 ( 8 months rented) - MAGI $151000 - Loss ($4000) Suspended (MAGI limitation)

    Since Rental Activity no longer exists, and the Rental Property was
    converted to Principal Residence, what happens to suspended loss (4000),
    as the property itself NOT sold ?

    Do the conversion to Principal Residence is considered "ENTIRE DISPOSITION
    OF PASSIVE ACTIVITY", and reportable on Form 4797 to deduct entire loss ?

    Taxpayers do not own any other real property.
    And they are NOT Real estate professionals.

    Anybody wants to give a thought to the tax loss situation. Thanks.

    #2
    The losses remain suspended

    Until the property is fully disposed of in a transaction to an unrelated party in which all realized gain or loss is recognized.
    Evan Appelman, EA

    Comment


      #3
      And

      If the Taxpayer's MAGI ever drops below $150,000 the suspended passive losses can be triggered as well.

      Comment

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