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Level 3
April 13, 2023

Previous Year Passive Losses

  • April 13, 2023
  • 1 reply
  • 10 views

Taxpayer had received K-1's for a rental property held in a family trust, for several years.  Each year created a passive loss carryover on the TP's 1040.  In 2022, the last member of the Family Trust passed away and the Trust ended.  It distributed the rental property to the last beneficiary (my client) based on the terms of the Trust.  The K-1 is marked Final.  So, all of the previous PLC on the TP's 8582 is being released.

I am concerned because the property was not sold, it was transferred to my client.  Should this PLC be fully released?  If no, how do I keep it from releasing?

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1 reply

sjrcpa
Level 15
April 14, 2023

No the loss should not be released.

The more I know the more I don’t know.
cmbtaxAuthor
Level 3
April 14, 2023

Thank you.  That was my gut feeling.  Do you know how in Lacerte I would prevent it from releasing?  I am thinking do not mark K-1 final in Lacerte.

sjrcpa
Level 15
April 14, 2023

That sounds like a good idea.

The more I know the more I don’t know.