1065 sale of rental

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  • natiro
    Senior Member
    • Jun 2005
    • 152

    #1

    1065 sale of rental

    LLC owned storage unit rental which was sold in 2005. There is a rental loss for the year reported on K-1 but a very large 1231 gain on the sale of the building. The LLC still exists so although this was a complete disposition of the property, it was not a disposition of the LLC or the member's interest. Is the loss allowed?
  • veritas
    Senior Member
    • Dec 2005
    • 3290

    #2
    Why would the loss not be allowed? Basis? Passive activity? Both?

    Comment

    • natiro
      Senior Member
      • Jun 2005
      • 152

      #3
      1065 rental sale

      The rental activity is passive and AGI is over 400,000 due to the gain on sale.

      Comment

      • veritas
        Senior Member
        • Dec 2005
        • 3290

        #4
        The 1231 gain is passive income also which should free up passive losses.

        Comment

        • natiro
          Senior Member
          • Jun 2005
          • 152

          #5
          Thank you Veritas!

          Thank you. I couldn't figure out why the 1231 gain wasn't allowing the losses but after reading your answer I went to input and noticed that there are 2 input lines for 1231 gain/loss - one for passive, which I did not notice when I originally input the K-1. The outcome made me think I wasn't really understanding what was supposed to happen even though I was certain I did. Anyway, thanks.

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