Form 8582 - Passive Losses Limited Based On Modified AGI (2024)

FAQs

What are the passive loss limitations for AGI? ›

Under the passive activity rules you can deduct up to $25,000 in passive losses against your ordinary income (W-2 wages) if your modified adjusted gross income (MAGI) is $100,000 or less. This deduction phases out $1 for every $2 of MAGI above $100,000 until $150,000 when it is completely phased out.

The maximum special allowance is: $25,000 for single individuals and married individuals filing a joint return for the tax year. $12,500 for married individuals who file separate returns for the tax year and lived apart from their spouses at all times during the tax year.

For individuals who “actively participate” in the rental activity and whose adjusted gross income (AGI) is less than $150,000 ($75,000 for married taxpayers filing separately), up to $25,000 of net passive losses from rental real estate are allowed to offset other taxable income each year (Sec. 469(i)).

The maximum special allowance of $25,000 ($12,500 for married individuals filing separate returns and living apart at all times during the year) is reduced by 50% of the amount of your modified adjusted gross income that's more than $100,000 ($50,000 if you're married filing separately).

Your MAGI (modified adjusted gross income) is your AGI plus certain deductions you must “add back.” These deductions include IRA contributions, student loan interest, one-half of self-employment tax, qualified tuition expenses, and more.

The 2% rule referred to the limitation on certain miscellaneous itemized deductions, which included things like unreimbursed job expenses, tax prep, investment, advisory fees, and safe deposit box rentals.

Passive activity loss is calculated by subtracting the sum of passive activity gross income and net active income from all allowable passive activity deductions.

Special $25,000 allowance.

If you or your spouse actively participated in a passive rental real estate activity, the amount of the passive activity loss that's disallowed is decreased and you therefore can deduct up to $25,000 of loss from the activity from your nonpassive income.

Form 8582 is required if you have a passive activity loss from a rental real estate or business activity. Specifically, you must file Form 8582 if any of the following apply: You have an overall gain from your passive activities and prior year unallowed passive activity losses.

Modified Adjusted Gross Income – Breaking it down

Gross Income – This is the money you earn from all sources, including wages, tips, investment income, pension or rents.

What is modified adjusted gross? ›

MAGI is adjusted gross income (AGI) plus these, if any: untaxed foreign income, non-taxable Social Security benefits, and tax-exempt interest. For many people, MAGI is identical or very close to adjusted gross income. MAGI doesn't include Supplemental Security Income (SSI).

Passive activity loss rules state that passive losses can be used only to offset passive income. A passive activity is one in which the taxpayer did not materially participate during the year in question. Common passive activity losses may stem from leasing equipment, real estate rentals, or limited partnerships.

AGI can reduce the amount of your taxable income by subtracting certain deductions from your gross income. MAGI is your AGI after factoring in tax deductions and tax-exempt interest. You can't find your MAGI on your tax return, although your AGI appears on line 11 of Form 1040.

Gross annual income includes obvious sources of income, such as your wages, bonuses, self-employment income and passive income, which includes rental income, capital gains, interest and dividends. So, what is AGI? Your AGI is your gross income minus all the adjustments to income you claim on your tax return.

The IRS uses AGI as the starting point when calculating the total tax and to determine if a taxpayer is eligible for credits and deductions. MAGI is then calculated by taking the adjusted gross income and adding back the following deductions: Passive income or losses.

Many of the deductions and credits that taxpayers commonly take advantage of each year are subject to AGI limitations. If you itemize deductions, for example, you must reduce your medical and dental expenses by 7.5% of your AGI. This means that you can only deduct the amount that exceeds 7.5% of your AGI.

Gross annual income includes obvious sources of income, such as your wages, bonuses, self-employment income and passive income, which includes rental income, capital gains, interest and dividends. So, what is AGI? Your AGI is your gross income minus all the adjustments to income you claim on your tax return.

Yes, but there are limits. Losses on your investments are first used to offset capital gains of the same type. So, short-term losses are first deducted against short-term gains, and long-term losses are deducted against long-term gains.

Any taxable capital gain – an investment gain – realized in that tax year can be offset with a capital loss from that year or one carried forward from a prior year. If your losses exceed your gains, you have a net loss. Your net losses offset ordinary income.