Alfonso began the year with a tax basis in his partnership interest of $28,000. His share of partnership debt at the beginning and end of the year consists of $6,000 of recourse debt and $8,000 of nonrecourse debt. During the year, he was allocated $45,000 of partnership ordinary business loss. Alfonso does not materially participate in this partnership and he has $4,000 of passive income from other sources. a. How much of Alfonso’s loss limited by his tax basis? b How much of Alfonso’s loss is limited by his at-risk amount? c. How much of Alfonso’s loss is limited by the passive activity loss rules?
Question
Alfonso began the year with a tax basis in his partnership interest of 6,000 of recourse debt and 45,000 of partnership ordinary business loss. Alfonso does not materially participate in this partnership and he has $4,000 of passive income from other sources.
a. How much of Alfonso’s loss limited by his tax basis? b How much of Alfonso’s loss is limited by his at-risk amount? c. How much of Alfonso’s loss is limited by the passive activity loss rules?
Solution
a. Alfonso's tax basis in the partnership is the sum of his initial investment and his share of the partnership debt. This is 6,000 (recourse debt) + 42,000. The loss allocated to him is 42,000.
b. The at-risk rules limit a taxpayer's losses to the amount that he could actually lose in the investment. In this case, Alfonso's at-risk amount includes his initial investment and the recourse debt, but not the nonrecourse debt. This is 6,000 (recourse debt) = 34,000.
c. The passive activity loss rules limit the amount of losses from passive activities that can be deducted against non-passive income. Since Alfonso does not materially participate in the partnership, the loss from the partnership is considered a passive loss. Alfonso has 4,000.
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