Losses from K-1 (ordinary business losses) don't seem to reduce taxes due to offset capital gains on stock sales (passive income)? (2024)

We will repeat your questions below, followed by our response.

Jack filled Form 4797 for sale of the rental property, which transferred the information to Schedule D. Schedule showed a gain = 100k (net gain for sale of the rental property C) - 30k (loss from selling stock D) = 70k. Is this correct way to handle this?

Yes, the sale of the rental property resulted in capital gain income and the sale of the stock resulting in a capital loss. Capital losses will offset capital gains. To the extent capital losses exceed capital gains, the excess capital loss is carried over indefinitely. Although, capital losses can offset up to $3,000 of ordinary income ($1,500 of ordinary income if married filing separately).

Can the K-1 passive losses (losses from 2022 and disallowed losses from prior years) for Investments A and B be used to offset the 70k mentioned above? If so, how will you handle this in TurboTax?

No, because you have not sold investments A or B. The rule regarding when passive losses can be characterized as losses not from a passive activity essentially happens when a taxpayer disposes of their entire interest in the passive activity. Note, that if you should sell the A or B investment in the future, your ability to deduct any suspended losses will depend on whether you have a basis in these investments. If you have no basis, then any suspended losses cannot be used to offset future income. In other words, the loss becomes permanent. Thus, for timing purposes, you might want to make sure you have a basis in investments A and B. You can review your basis information on the Schedule K-1s you receive from the general/managing partner.

@Tax2019Pay

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

Losses from K-1 (ordinary business losses) don't seem to reduce taxes due to offset capital gains on stock sales (passive income)? (2024)

FAQs

Losses from K-1 (ordinary business losses) don't seem to reduce taxes due to offset capital gains on stock sales (passive income)? ›

You can't use your passive losses reported on a K-1 to offset capital gains from investments. You can only use your passive losses to offset passive gains (stock investments are not passive). You can carry over the unused passive loss.

Can passive K1 losses offset capital gains? ›

Under ordinary circ*mstances, passive losses can only be used to offset passive gains. This means that you cannot use passive losses to offset capital gains, portfolio yields, ordinary income or any other form of taxable gains.

Do K1 losses reduce taxable income? ›

This is a non-cash expense that the Internal Revenue Service (IRS) allows you to deduct from your taxable income, effectively creating a "paper loss." The paper loss shows up on the K-1 tax form you receive from the property and can often be used to offset your W-2 income.

Is K-1 income active or passive? ›

Ordinary business income (loss) reported in Box 1 of the K-1 is entered as either Non-Passive Income/Loss or as Passive Income/Loss. The determining factor in whether the income should be reported as Passive or Non-Passive depends on whether the taxpayer materially participated in the business activities.

Can ordinary business losses offset capital gains? ›

Ordinary Losses for Taxpayers

An ordinary loss will offset ordinary income on a one-to-one basis. A capital loss is strictly limited to offsetting a capital gain and up to $3,000 of ordinary income.

Can you offset capital losses against capital gains? ›

Capital Losses

A capital loss can be offset against capital gains of the same tax year, but cannot be carried back against gains of earlier years.

Can passive activity losses offset interest income? ›

The passive activity loss rules generally limit the ability of taxpayers to shelter salaries, wages and interest income with deductions and credits from passive activities, that is, activities in which the taxpayer does not materially participate.

What form do losses on K1 report for taxes? ›

If the income (loss) is entered as Active Income/Loss, it will automatically carry to the Worksheet 1 of Form 8582 and is subject to the Rental Real Estate Activities with Active Participation Special Allowance.

What is the basis limitation for K-1 losses? ›

The basis limitation is a limitation on the amount of losses and deductions that a partner of a partnership or a shareholder of an S-Corporation can deduct. The basis limits are the first of three limitations that are applied to Schedule K-1 losses and deductions.

Are K1 distributions taxed as capital gains? ›

Are K-1 distributions taxable? Sometimes the distribution reported on a K-1 is taxable to the recipient, but that determination depends on the type of distribution. For example, if the distribution is a return of capital, it is not taxable. However, if the distribution is income from the business, it is taxable.

How do I report K1 income on a tax return? ›

Use Schedule K-1 to report a beneficiary's share of the estate's or trust's income, credits, deductions, etc., on your Form 1040 or 1040-SR. Keep it for your records. Don't file it with your tax return, unless backup withholding was reported in box 13, code B.

Does K1 income count as earned income? ›

Ordinary income reported to an individual shareholder on Schedule K-1 from an S corporation is not considered self-employment income. Such income is investment income. It is thus not subject to self-employment tax, nor is it included in the calculation of earned income for the credits that are based on earned income.

Can rental loss offset K1 income? ›

For example, if a rental property or a K-1 generates significant income in a future year, then a rental loss can carry forward to offset that income in that future year. Alternatively you might be able to use those losses if your primary job is in a profession that involves real estate.

Why are capital losses limited to $3,000? ›

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated.

Can you write off 100% of stock losses? ›

If you own a stock where the company has declared bankruptcy and the stock has become worthless, you can generally deduct the full amount of your loss on that stock — up to annual IRS limits with the ability to carry excess losses forward to future years.

Will I get a tax refund if my business loses money? ›

If you open a company in the US, you'll have to pay business taxes. Getting a refund is possible if your business loses money. However, if your business has what is classified as an extraordinary loss, you could even get a refund for all or part of your tax liabilities from the previous year.

Can passive losses be used against capital gains? ›

Unrealized losses aren't taxed and don't offset income. Unfortunately for, passive losses, they can only offset passive income. Wages, capital gains, retirement income, and investment income can't be offset with passive income.

Is K1 income considered capital gains? ›

A typical corporation's regular dividend is taxed as long-term capital gains, while much of the income paid and shown on a Schedule K-1 can be classified as regular income.

Can you offset a revenue loss against a capital gain? ›

revenue losses can be applied against either income or capital gains. capital losses can only be applied against capital gains, not against income. one dollar of capital loss offsets one dollar of gross capital gain. one dollar of revenue loss offsets two dollars of gross long-term capital gain.

Where is passive loss carryover on a k1? ›

Line H –Actively Managed Passive Loss Carryover – It is in this field that any actively managed passive carryover loss is reported. The amount entered in this field should correspond to what the taxpayer reported on last year's 1040 on Form 8582, Worksheet 5 as unallowed loss for this K-1 entity.

Top Articles
Latest Posts
Article information

Author: Lidia Grady

Last Updated:

Views: 6035

Rating: 4.4 / 5 (45 voted)

Reviews: 84% of readers found this page helpful

Author information

Name: Lidia Grady

Birthday: 1992-01-22

Address: Suite 493 356 Dale Fall, New Wanda, RI 52485

Phone: +29914464387516

Job: Customer Engineer

Hobby: Cryptography, Writing, Dowsing, Stand-up comedy, Calligraphy, Web surfing, Ghost hunting

Introduction: My name is Lidia Grady, I am a thankful, fine, glamorous, lucky, lively, pleasant, shiny person who loves writing and wants to share my knowledge and understanding with you.