(508) 563-2218 | info@stratligninc.com

Blog

LLC Owners and Participants: Be Aware of IRS PAL Regulations

October 30, 2013

If you own a Limited Liability Company (LLC) that you are not actively managing, but you claim tax deductions, this blog post will be of interest to you. Close to 30 years ago, the IRS passive activity loss (PAL) rules (I.R.C. Section 469) were enacted to limit the degree to which money-losing LLCs could be used as tax shelters by their owners claiming losses—such as depreciation, interest, and other deductions. These rules created the passive income or loss category and they apply to all business activities, including real estate rental activity.

There are two types of passive income or losses including income earned from:

  1. Businesses in which you don’t materially participate
  2. All rental properties that you own

Essentially, the PAL rules are intended to prevent individuals from deducting passive losses (such as from rental activities) from their non-passive income. However, if you own or co-own an LLC on a part-time basis or have someone else manage it on your behalf, as long as you are active in the business you can claim any related losses against your non-passive income, if you meet the IRS definition of "material participation." The IRS defines “material participation” as being “involved in the operations of the activity on a basis which is regular, continuous, and substantial.” There are several tests that the IRS uses to define material participation in a business, based on your activity and the amount of time you spend working. Read about it in detail here.

Another point to keep in mind—the PAL rules state that passive losses from a business activity can only be used to offset passive income from other passive activities. Passive losses in excess of your passive income for the year are capped, but they can be carried forward and deducted in future years when and if you have passive income or if you sell or dispose of the activity that generated the suspended losses. For additional information about PAL tax regulations, please visit IRS.gov.

   

Back to List


BOSS is the answer to your back office headaches. Our cloud-based solution enables you to hand complex accounting tasks over to us. We work the numbers while providing you 24/7 access to your data—and all at a fixed, affordable monthly fee.

read more

We're Hiring

 Careers

Firm Administrator

This is an administrative position providing support to all team members of the firm. This position encompasses a wide range of activities with involvement in all phases of administration...

Learn More
Bookkeeper and Client Onboarding Specialist

The individual for this position must be detail oriented and have high acumen for accounting and customer service. This position plays an integral role in the firm by ensuring the client’s financial records, accounting...

Learn More

mobile-graphic

Latest from Our Blog


qb-proadvisor-desktop qb-proadvisor-advdesktop qb-proadvisor-online qb-proadvisor-advonline qb-proadvisor-enterprise

Learn More

membershipmembershipmembershipmembershipmembershipmembershipmembershipmembershipmembershipmembership