- 3 - Discussion Generally, individuals may not currently deduct losses from passive activities, defined to include all rental activities and any trade or business activity in which the taxpayer does not materially participate. See sec. 469(a), (c)(1), (2), (4). Material participation is involvement on a regular, continuous, and substantial basis. See sec. 469(h); see also sec. 1.469–5T(a), Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5725–5726 (Feb. 25, 1988). These passive loss rules, enacted as part of the Tax Reform Act of 1986, Pub. L. 99–514, sec. 501, 100 Stat. 2085, 2233, prohibit affected taxpayers from using deduc- tions of a passive activity to shelter wages or other active income. See Staff of Joint Comm. on Taxation, General Explana- tion of the Tax Reform Act of 1986, at 209–215 (J. Comm. Print 1987). Although all rental activities are passive, regardless of the taxpayer’s level of participation, Congress created an exception for post–1993 rental activities of certain real estate professionals. See sec. 469(c)(7).2 Under this provision, a rental real estate activity is not per se passive if the taxpayer 2Legislative relief is also available under sec. 469(i), which permits a taxpayer who “actively participated” in rental real estate activities to claim a maximum loss of $25,000 annually. Sec. 469(i)(1) and (2). This exception is phased out for taxpayers with modified adjusted gross incomes between $100,000 and $150,000. See sec. 469(i)(3)(A), (E).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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