Losses
The most frequently asked tax questions related to Losses
Can I claim a bad debt loss for salary that was not paid to me ?
Asked Wednesday, December 20, 2000 by an anonymous userCPA Answer:
No. As a cash basis taxpayer you cannot claim a bad debt loss for salary that was earned but not paid to you.
I know I can deduct $25,000 loss from my rental property if I have Active Participation . What is Active participation ?
Asked Monday, November 27, 2000 by an anonymous userCPA Answer:
You may be treated as actively participating if for example you participate in making management decisions or arrange for others to provide services. Examples of management decisions are, approving new tenants, deciding on rental terms, approving capital or repair expenditures and other similar decisions.
Is the reimbursement for the loss on the sale of my house due to my moving to a new job location taxable?
Asked Friday, October 27, 2000 by an anonymous userCPA Answer:
Yes. The IRS considers the reimbursement amount taxable wages and it should be included on your W-2. It will be reportable on IRS Form 1040 line 7 as wages.
Is the loss I incurred on the sale of my car deductible?
Asked Friday, September 29, 2000 by an anonymous userCPA Answer:
No. The loss on the sale of your car would be a sale of personal use property
and therefore not deductible.
Capital loss carryover - married filing separate filing status
Asked Friday, September 29, 2000 by an anonymous userCPA Answer:
The capital loss carryover from your previous year's married filing joint return may only be claimed on the married filing separate return of the spouse who originally incurred the loss.
You cannot use 50% of the loss if it originated from your spouse's sale of a asset.
You cannot use 50% of the loss if it originated from your spouse's sale of a asset.
Can I use my partnership passive K-1 loss to offset some of my interest income?
Asked Friday, September 29, 2000 by an anonymous userCPA Answer:
Generally not. Interest income is defined as portfolio income, not passive income. Portfolio income includes interest, dividends, and gains on the sale of investment property. Passive K-1 losses can only be used to offset other passive income, except when the $25,000 special loss allowance for persons with active participation in rental real estate entities can be utilized. Speak to your local CPA about your K-1 loss deductibility.
Are the K-1 losses I incurred that were limited by the At Risk loss rules , lost ?
Asked Friday, September 29, 2000 by an anonymous userCPA Answer:
No. The K-1 disallowed losses due to the At Risk limitation rules are not lost and can be carried over and may be deductible in future years. The term "At risk" means the exposure to the danger of economic loss. A person can claim a tax deduction in a limited partnership up to the amount he or she is at risk if the taxpayer can show it is at risk of never realizing a profit and of losing its initial investment
Is the loss on my sale of my house deductible?
Asked Saturday, September 23, 2000 by an anonymous userCPA Answer:
No. There is no deduction allowed for a loss on a personal residence.
Is the loss I received on my partnership K-1 fully deductible?
Asked Friday, September 22, 2000 by an anonymous userCPA Answer:
An individual's share of partnership losses (reportable to a partner on a schedule K-1) may not exceed the adjusted basis of the partnership interest. The basis is generally the original capital paid, plus accumulated taxed earnings that have not been withdrawn, less withdrawals.
Partners are subject to the at-risk loss limitation and the passive activity loss limitation rules.
The at-risk limit affects the amount of the loss to the portion that that partner is personally liable for. Generally a passive loss is limited to either passive income or up to $25,000 if there is active participation in a rental real estate activity.
There is no easy way to explain these rules. Please contact a local CPA to determine the deductibility of the loss reported on Schedule K-1. This area of the tax code is quite complex and confusing to many.
Partners are subject to the at-risk loss limitation and the passive activity loss limitation rules.
The at-risk limit affects the amount of the loss to the portion that that partner is personally liable for. Generally a passive loss is limited to either passive income or up to $25,000 if there is active participation in a rental real estate activity.
There is no easy way to explain these rules. Please contact a local CPA to determine the deductibility of the loss reported on Schedule K-1. This area of the tax code is quite complex and confusing to many.