This self-study CPE course addresses the practical aspects of Section 469 and the needed skills to handle pragmatic issues. Fundamentals are reviewed, planning opportunities identified, and creative strategies discussed and evaluated along with remaining traditional approaches. The goal of this continuing education program is to thoroughly review and solve problems under Section 469, with an emphasis on tax savings ideas. Participants will explore the proper administration of this complex and often cumbersome provision.
Learning Objectives
Upon successful completion of this course, participants will be able to:
Chapter 1
Recognize the tax impact of the Section 469 limitation provision, determine categories of income and loss income and loss into categories, and list Congressional reasons for its passage.
Specify the aggregate mechanics of the passive loss rules, identify what type of losses remain unaffected, and recognize passive and nonpassive (including portfolio) income sources.
Identify ways to ultimately "free up" passive losses, specify the treatment of passive credits on disposition, and determine limitations on related party transactions.
Determine the allowance of suspended losses upon nonrecognition transactions, specify the order of recognized tax attributes upon position, and recognize the allocation of losses from multiple passive activities.
Identify which taxpayers are or are not subject to the passive loss rules, specify the full-time real estate professional exception, and recall the original Section 469 phase-in provisions.
Chapter 2
Identify how to avoid the application of the passive loss rules through material participation, specify tests provided by the initial regulations on material participation and how these tests provide useful Section 469 categories, determine how to keep appropriate records of participation, identify exceptions to what counts toward material participation, and determine annual material participation.
Recognize special applications of the material participation rule by recalling its application to trusts, estates, and affiliated group members.
Chapter 3
Recognize the history and rationale of the definition of "activity" by specifying the use of analogies under Section 183 and Section 465, specify the original activity undertaking rules, and recognize the passage of final simplified activity regulations.
Determine whether two or more trade or business undertakings could be a single integrated business. recognize the importance of the passive activity audit guide as a tool to avoid audits by specifying potential audit issues that the passive activity audit guide addresses.
Chapter 4
Determine a "rental activity" identifying conditions for a rental activity to exist and the resulting passive presumption.
Recognize exceptions to passive activity status and their tax effect and specify the tax treatment of when activities are "nested" in each other.
Chapter 5
Determine what constitutes a "passive activity loss," identify the appropriate passive loss tax treatment of spouses, and recognize an affiliated group's passive activity loss using group member items.
Specify reasons why disallowed passive activity losses must be allocated among all the taxpayer's activities and determine how to allocate and carry over disallowed passive activity losses.
Chapter 6
Identify passive activity gross income under Section 469 and specify income from the disposition of property in mixed use, recognize the $25,000 allowance passive loss exception and the potential of a net operating loss, and identify the presumed tax treatment of net leases under Section 469.
Recognize the dangers of self-charged interest and what measures can be taken to avoid this item's passive nature and determine a "publicly traded partnership" for taxation purposes and how net income from such entities is portfolio income.
Determine tax attributes and subsequent events that can cause a recalculation of gross passive income and recognize the recharacterization rules identifying whether certain transactions will be recharacterized based on the 12-month and 30% tests.
Chapter 7
Determine the source of passive losses and the exclusion of qualified residence interest under Section 469(j)(7) and specify the coordination of passive activity deductions with other deduction limitations.
Recognize how to account for losses on disposition according to Reg. Section 1.469-2T(d)(5), cite instances that require such a loss to be allocated, and determine a negative Section 481 adjustment.
Chapter 8
Determine "passive activity credits" and their usage underSection 469 and identify a closely held corporation's passive activity credit net active income for the tax year.
Specify circumstances where separate identification of credits is required and the order of credit limitations.
Chapter 9
Identify the tax character of items received from pass-through entities as passive or nonpassive and determine a taxpayer's entity participation.
Recognize items and events that uniquely adjust or allocate passive losses for pass-through entities and their owners by determining gain or loss from a sale or exchange of an interest.
Chapter 10
Recognize the application and ordering interaction of Section 469 with other Code sections by determining how passive activity income or deduction relate to Section 465 and Section 1211.
Major Topics
Material Participation
Activity Definition
Passive and Non-Passive Activities
Passive Activity Loss
Passive Activity Loss
Passive Activity Gross Income
Passive Activity Deduction
Passive Activity Credits
Items Received from Pass-Through Entities
Interaction with Other Code Sections