Tom Talks Taxes

Tom Talks Taxes

Ask Tom Anything - April 28, 2023

Transfers that do not release passive losses plus your questions answered

Thomas A. Gorczynski's avatar
Thomas A. Gorczynski
Apr 28, 2023
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In last month’s Ask Tom Anything, there was a question about what types of transactions do and do not release an activity’s suspended passive losses.

The disposal of a passive activity allows the release of any suspended passive losses from that activity; however, §469(g)(1)(A) requires that “all gain or loss realized on such disposition is recognized” to release the losses. What happens when this does not occur?

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