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Level 3
June 25, 2023
Question

passive loss on a k-1

  • June 25, 2023
  • 1 reply
  • 9 views

Taxpayer is in a real estate partnership.  He is in NY.  The property in VA.

The federal k-1 shows a 1k loss

The NY k-1 shows 100% allocation of the loss to NY.

The VA k-1 shows the 1k loss as well.

Should i be filing a VA k-1 to reflect the passive loss; not even sure how VA handles passive losses.

 

ty!

 

 

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1 reply

Accountant-Man
Level 13
June 27, 2023

Maybe. It helps for the future when the property is sold, in case VA allows carryover of passive losses.

VA uses Form 763 for individuals. I assume the partnership preparer filed the VA K-1, along with the VA 502. Partners don't file K-1s.

<<The NY k-1 shows 100% allocation of the loss to NY.>> NY residents own 100% of their interests and report 100% of their loss.

<<The VA k-1 shows the 1k loss as well.>> Property is in VA 100%, according to you.

If there is a gain on the sale in the future, 100% gets taxed in VA, then NY resident partner reports 100% of the gain and gets a VA tax credit.

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