Is C corp also subject to the passive investment loss limit?

Is C corp also subject to the passive investment loss limit?

Investor · Brooklyn, NY · Member since 2013 · 254 posts · 28 votes

Sorry if this has been discussed already.

Say if I have a rental property owned under a C corp.

I am the sole shareholder of the C corp.

Besides owning the rental property, the C corp actually engages in other business and trade, rental income is actually less than 5% of the total gross revenues of the C corp. The C corp was not formed strictly for the purpose of owning a rental property.

Under these circumstances, will the C corp still subject to the passive activity loss limit if for a particular year the rental expenses are higher than the rental income?

I would assume yes. But when I was using Turbotax to simulate a mock return, it seems that Turbotax offsets the C corp's rental loss against the C corp's income from regular business and trade.

Is it possible that rental loss in a C corp is not subject to the passive activity loss limit? I tried many times on Turbotax and it keeps offseting the rental loss against regular income from business and trade.

Any tax experts out there?

Thanks
MJ

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  • Arlington, VA · Member since 2012 · 1 post · 0 votes
    13y

    I'm no expert, but this is covered pretty clearly in the instructions for form 8810:

    Line 2. Closely Held
    Corporations
    Closely held corporations can offset the loss,
    if any, on line 1d with net active income

    See page 7 of http://www.irs.gov/pub/irs-pdf/i8810.pdf

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