- 6 - in which the taxpayer materially participates to be treated as income not from a passive activity; this is sometimes referred to as the “self-rental rule” or the “recharacterization rule”. Sec. 469(c)(2); sec. 1.469-2(f)(6)(i), Income Tax Regs. In relevant part, that regulation provides as follows: (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. Simply put, the regulation recharacterizes a taxpayer’s rental income from property rented for use in a trade or business in which the taxpayer materially participates as nonpassive income and therefore not taken into account in the computation of the taxpayer’s passive activity loss. A transition rule, however, allows for an exception to the recharacterization rule. The transition rule provides that: In applying * * * [the recharacterization rule] to a taxpayer’s rental of an item of property, the taxpayer’s net rental activity income * * * from the property for any taxable year beginning after December 31, 1987, does not include the portion of the income (if any) that is attributable to the rental of that item of property pursuant to a written binding contract entered into before February 19, 1988. [Sec. 1.469- 11(c)(1)(ii), Income Tax Regs.]Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008