Can S Corp's suspended c/y losses in any way offset cap gain of sale of fully depreciated asset (charter boat)? I'm guessing only a cap loss can offset this.

Forum|Forum|6 years ago
December 7, 2019
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Best answer by itonewbie

You didn't mention why the loss was suspended, whether it's due to limitation for basis, at-risk, or PAL. My presumption is that it's due to PAL.

Your focus seems to be on offsetting cap gain, which is governed by Subchapter P. PAL, on the other hand, is governed by §469 under Subchapter E. The characters of the income are different, so you can't offset one against the other.

If the charter boat was used in an activity that was a passive activity in the taxable year, however, the gain from the disposition is considered passive activity gross income. This income would then flow through to F.8582 to determine the PAL allowable.

itonewbieAnswer

Level 15

You didn't mention why the loss was suspended, whether it's due to limitation for basis, at-risk, or PAL. My presumption is that it's due to PAL.

Your focus seems to be on offsetting cap gain, which is governed by Subchapter P. PAL, on the other hand, is governed by §469 under Subchapter E. The characters of the income are different, so you can't offset one against the other.

If the charter boat was used in an activity that was a passive activity in the taxable year, however, the gain from the disposition is considered passive activity gross income. This income would then flow through to F.8582 to determine the PAL allowable.

---------------------------------------------------------------------------------Still an AllStar

P

PabloAuthor

Level 5

Thank you very much for clarification. A CFO acquaintance insisted on the opposite which went against my way of thinking. The suspended loss was due to limitation for basis. This S Corp is non-passive to sole member.

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