Offset K-1 capital gains (RE syndication) with passive losses?

Offset K-1 capital gains (RE syndication) with passive losses?

Member since 2018 · 8 posts · 1 vote

We have large unallowed passive losses carried over on 8582 (from several years cumulatively) from various real estate syndication deals reported to us on K-1s.  For the first time in 2019 a few of those assets have exited resulting in capital gains on K-1s (box 9a), unrecaptured 1250 gain (box 9c) and net section 1231 gain (box 10).  A syndication sponsor previously told me the carried over passive losses should offset gains (regardless of income and passive loss limitations) and that if my accountant couldn't make this work, they weren't doing it correctly and I needed to find an accountant experienced with syndications and this scenario (haven't found one).  However, the K-1 instructions say the gains should go on Schedule D, line 12.  If Schedule D is the correct place for them to go, those schedule D gains appear to go down a different path of being taxed and we can't figure a way for the losses shown on 8582 to offset those Schedule D gains.  If this is the case, the syndications are not actually a good deal for us tax-wise because it seems like we will never reap the benefits of those losses and they artificially inflate the gains showing on the K-1 (probably due to depreciation and recapture).  But, I suspect we're missing something here.  Does anyone know how to work the passive losses to offset the gains?

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Accountant · Nashville, TN · Member since 2020 · 22 posts · 70 votes
6y

@Stephanie Cristiano this is true that the disallowed losses in previous years will go against your gain from the sale of the property. So that is the good news! You should be able to find an accountant on this site that can help you present it correctly and get it to flow on the tax return correctly.

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  • Accountant · Nashville, TN · Member since 2020 · 22 posts · 70 votes
    6y

    @Stephanie Cristiano this is true that the disallowed losses in previous years will go against your gain from the sale of the property. So that is the good news! You should be able to find an accountant on this site that can help you present it correctly and get it to flow on the tax return correctly.

  • Andrew HoganPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2016 · 560 posts · 463 votes
    6y

    Hi Stephanie! Caleb is right, keep looking until you find a CPA that can make it work! More than worth the time invested searching :)

  • Nicholas AiolaBusiness Member
    CPA & Investor · New York, NY · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    @Stephanie Cristiano Yes, they will offset. However, the gain and freed up passive losses that were previously suspended will be reported on separate lines of your tax return. In other words, you won't see a net number; you'll see the gain on one line of your 1040 (Schedule D) and the allowable passive losses on another (Schedule E).

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  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    6y

    @Stephanie Cristiano

    As others have pointed out - The gain from this activity should open up the suspended passive losses.

    Gains ultimately go to sch D
    Suspended losses go to Sch E.

    You want to make sure to work with an accountant who understands this concept. You also want to make sure your suspended losses are properly being transferred from year to year.

    Changing softwares or accountants(if they don't know how to properly track carryforwards) can be very costly.

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    There is nuance here that is not being explored by the prior posters...

    Passive losses can only offset passive income.  As opposed to 1231 gain, LT capital gains are not passive income because, by definition, they are not trade or business assets.  Therefore, the box 9a gains will not be offset by passive loss.

    That said, I'd be very interested in knowing why a real estate syndication is passing through LT cap gains instead of 1231 gains or ordinary trade or business gains.

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