- 9 - does not materially participate. Rental activity is generally considered a passive activity. See sec. 469(c)(2). The Secretary, however, is expressly authorized to prescribe regulations necessary or appropriate to carry out the provisions of section 469, including regulations “which specify what constitutes an activity, material participation, or active participation” and “requiring net income or gain from a limited partnership or other passive activity to be treated as not from a passive activity”. Sec. 469(l)(1), (3). Pursuant to this authority, section 1.469-2(f)(6), Income Tax Regs., recharacterizes a taxpayer’s rental income from property rented for use in a trade or business in which the taxpayer materially participates as income not from a passive activity.4 Section 1.469-11(c)(1)(ii), Income Tax Regs., however, excludes “the portion of the income (if any) that is attributable to the 4 The regulation, in relevant part, provides: (f)(6) Property rented to a nonpassive activity. An amount of the taxpayer’s gross rental activity income for the taxable year from an item of property equal to the net rental activity income for the year from that item of property is treated as not from a passive activity if the property– (i) Is rented for use in a trade or business activity * * * in which the taxpayer materially participates (within the meaning of � 1.469-5T) for the taxable year * * *[Sec. 1.469-2(f)(6), Income Tax Regs.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011