Académique Documents
Professionnel Documents
Culture Documents
Page 2
before 1990. This worksheet is also A qualified revocable trust may If your modified adjusted gross
used for low-income housing credits elect to be treated as part of a income is $150,000 or more ($75,000
from a partnership, S corporation, or decedent's estate for purposes of the or more if married filing separately),
other pass-through entity if your special allowance for active there is no special allowance.
interest in the pass-through entity was participation in rental real estate However, for low-income housing
acquired before 1990, regardless of activities. The election must be made credits for property placed in service
the date the property was placed in by both the executor (if any) of the before 1990 and for rehabilitation
service. decedent's estate and the trustee of credits, the limits on modified
Worksheet 3 is for low-income the revocable trust. This rule is adjusted gross income are increased.
housing credits for property placed in effective for estates of decedents who If your modified adjusted gross
service after 1989 (unless held died after August 5, 1997. For details, income is more than $200,000
through a pass-through entity in see section 645. ($100,000 if married filing separately),
which you acquired your interest You are not considered to actively your special allowance is limited to
before 1990). participate in a rental real estate 50% of the difference between
Worksheet 4 is for credits from activity if at any time during the tax $250,000 ($125,000 if married filing
passive trade or business activities in year your interest (including your separately) and your modified
which you did not materially spouse's interest) in the activity was adjusted gross income.
participate and passive rental real less than 10% (by value) of all If your modified adjusted gross
estate activities in which you did not interests in the activity. Active income is $250,000 or more
actively participate (but not participation is a less stringent ($125,000 or more if married filing
rehabilitation credits from passive requirement than material separately), there is no special
rental real estate activities or participation (see Material allowance.
low-income housing credits). Participation on page 4). No modified adjusted gross income
You may be treated as actively limitation applies when figuring the
Active Participation in a Rental participating if, for example, you special allowance for low-income
Real Estate Activity participated in making management housing credits for property placed in
If you actively participated in a decisions or arranging for others to service after 1989 (other than from a
passive rental real estate activity, you provide services (such as repairs) in pass-through entity in which you
may be able to claim credits from the a significant and bona fide sense. acquired your interest before 1990).
activity for the tax attributable to a Management decisions that may
special allowance of up to $25,000, count as active participation include: Trade or Business
reduced by any passive losses ● Approving new tenants,
Activities
allowed under this exception on Form ● Deciding on rental terms,
8582, Passive Activity Losses. ● Approving capital or repair
A trade or business activity is an
The special allowance also applies expenditures, and activity (other than a rental activity or
to low-income housing credits and an activity treated as incidental to an
● Other similar decisions.
rehabilitation credits from a rental real activity of holding property for
The maximum special allowance investment) that:
estate activity, even if you did not is:
actively participate in the activity. The 1. Involves the conduct of a trade
● $25,000 for single individuals and
credits allowed under the special or business (within the meaning of
allowance are in addition to the married individuals filing a joint return section 162),
credits allowed for the tax attributable for the tax year. 2. Is conducted in anticipation of
● $12,500 for married individuals who
to net passive income. starting a trade or business, or
The special allowance is not file separate returns for the tax year 3. Involves research or
available if you were married, are and who lived apart from their experimental expenditures deductible
filing a separate return for the year, spouses at all times during the tax under section 174 (or that would be
and lived with your spouse at any year. if you chose to deduct rather than
● $25,000 for a qualifying estate
time during the year. capitalize them).
Only an individual, a qualifying reduced by the special allowance for
estate, or a qualified revocable which the surviving spouse qualified. Reporting Credits From the
trust that made an election to treat If your modified adjusted gross Activities
the trust as part of the decedent's income (defined in the instructions for Trade or business activities with
estate may actively participate in a line 10 on page 10) is $100,000 or material participation. If you
rental real estate activity. Limited less ($50,000 or less if married filing materially participated in a trade or
partners may not actively participate separately), figure your credits based business activity, the activity is not a
unless future regulations provide an on the amount of the maximum passive activity. Report the credits
exception. special allowance referred to in the from the activity on the forms you
A qualifying estate is the estate of preceding paragraph. normally use.
a decedent for tax years ending less If your modified adjusted gross Trade or business activities
than 2 years after the date of the income is more than $100,000 without material participation. If
decedent's death if the decedent ($50,000 if married filing separately), you did not materially participate in a
would have satisfied the active your special allowance is limited to trade or business activity, the activity
participation requirements for the 50% of the difference between is a passive activity. Generally, you
rental real estate activity for the tax $150,000 ($75,000 if married filing must use Worksheet 4 on page 11 to
year the decedent died. separately) and your modified figure the amount to enter on Form
adjusted gross income. 8582-CR for each trade or business
activity in which you did not materially
Page 3
participate. However, if you held the 1. You participated in the activity (regardless of whether the individual
activity through a PTP, special rules for more than 500 hours. was compensated for the
apply. See Publicly Traded 2. Your participation in the activity management services).
Partnerships (PTPs) on page 15. for the tax year was substantially all Special rules for limited partners.
of the participation in the activity of If you were a limited partner in an
Material Participation all individuals (including individuals activity, you generally did not
For the material participation tests who did not own any interest in the materially participate in the activity.
listed below, participation generally activity) for the year. You did materially participate in the
includes any work done in connection 3. You participated in the activity activity, however, if you met material
with an activity if you owned an for more than 100 hours during the participation test 1, 5, or 6 above for
interest in the activity at the time you tax year, and you participated at least the tax year.
did the work. The capacity in which as much as any other individual However, for purposes of the
you did the work does not matter. (including individuals who did not own material participation tests you are
However, work is not participation if: any interest in the activity) for the not treated as a limited partner if you
● It is not work that an owner would year. also were a general partner in the
customarily do in the same type of 4. The activity is a significant partnership at all times during the
activity and participation activity for the tax partnership's tax year ending with or
● One of your main reasons for doing year, and you participated in all within your tax year (or, if shorter,
the work was to avoid the significant participation activities during the portion of the partnership's
disallowance of losses or credits from during the year for more than 500 tax year in which you directly or
the activity under the passive activity hours. indirectly owned your limited partner
rules. A significant participation activity is interest).
Proof of participation. You may any trade or business activity in which A limited partner's share of an
prove your participation in an activity you participated for more than 100 electing large partnership's taxable
by any reasonable means. You do not hours during the year and in which income or loss from all trade or
have to maintain contemporaneous you did not materially participate business and rental activities is
daily time reports, logs, or similar under any of the material participation treated as income or loss from the
documents if you can establish your tests (other than this fourth test). conduct of a single passive trade or
participation by other reasonable 5. You materially participated in business activity.
means. For this purpose, reasonable the activity for any 5 (whether or not Special rules for certain retired or
means include, but are not limited to, consecutive) of the 10 immediately disabled farmers and surviving
identifying services performed over a preceding tax years. spouses of farmers. Certain retired
period of time and the approximate 6. The activity is a personal or disabled farmers and surviving
number of hours spent performing the service activity in which you spouses of farmers are treated as
services during that period, based on materially participated for any 3 materially participating in a farming
appointment books, calendars, or (whether or not consecutive) activity if the real property used in the
narrative summaries. preceding tax years. activity meets the estate tax rules for
Test for investors. Work done as An activity is a personal service special valuation of farm property
an investor in an activity is not treated activity if it involves the performance passed from a qualifying decedent.
as participation unless you were of personal services in the fields of See Temporary Regulations section
directly involved in the day-to-day health, law, engineering, architecture, 1.469-5T(h)(2).
management or operations of the accounting, actuarial science, Estates and trusts. The PAC
activity. For purposes of this test, performing arts, consulting or in any limitations apply to an estate or trust.
work done as an investor includes: other trade or business in which See Temporary Regulations sections
1. Studying and reviewing capital is not a material 1.469-1T(b)(2) and (3). The rules for
financial statements or reports on income-producing factor. determining material participation for
operations of the activity. 7. Based on all the facts and this purpose have not yet been
circumstances, you participated in the issued.
2. Preparing or compiling
summaries or analyses of the activity on a regular, continuous, and
finances or operations of the activity substantial basis during the tax year. Grouping of Activities
for your own use. You did not materially participate in Generally, one or more trade or
3. Monitoring the finances or the activity under this seventh test, business activities or rental activities
operations of the activity in a however, if you participated in the may be treated as a single activity if
nonmanagerial capacity. activity for 100 hours or less during the activities make up an appropriate
Test for a spouse. Participation by the tax year. Your participation in economic unit for the measurement
your spouse during the tax year in an managing the activity does not count of gain or loss under the passive
activity you own may be counted as in determining whether you materially activity rules. Whether activities make
your participation in the activity, even participated under this test if: up an appropriate economic unit
if your spouse did not own an interest a. Any person (except you) depends on all the relevant facts and
in the activity and whether or not you received compensation for performing circumstances. The factors given the
and your spouse file a joint return for services in the management of the greatest weight in determining
the tax year. activity; or whether activities make up an
Tests for individuals. You b. Any individual spent more appropriate economic unit are:
materially participated for the tax year hours during the tax year than you 1. Similarities and differences in
in an activity if you satisfy at least one spent performing services in the types of trades or businesses,
of the following tests. management of the activity 2. The extent of common control,
Page 4
3. The extent of common being grouped together make up an ● Each other,
ownership, appropriate economic unit and ● Activities conducted directly by the
4. Geographical location, and a. The rental activity is partner or shareholder, or
5. Reliance between or among insubstantial relative to the trade or ● Activities conducted through other
the activities. business activity or vice versa or partnerships and corporations.
Example. You have a significant b. Each owner of the trade or A partner or shareholder may not
ownership interest in a bakery and a business activity has the same treat as separate activities those
movie theater in Baltimore and in a proportionate ownership interest in activities grouped together by the
bakery and a movie theater in the rental activity. If so, the portion partnership or corporation.
Philadelphia. Depending on all the of the rental activity involving the Partial disposition of an activity.
relevant facts and circumstances, rental of property to be used in the You may treat the disposition of
there may be more than one trade or business activity may be substantially all of an activity as a
reasonable method for grouping your grouped with the trade or business separate activity if you can prove with
activities. For instance, the following activity. reasonable certainty:
groupings may or may not be 2. An activity involving the rental 1. The prior year unallowed
permissible. of real property with an activity losses, if any, allocable to the part of
● A single activity, involving the rental of personal the activity disposed of and
● A movie theater activity and a property (except personal property 2. The net income or loss for the
bakery activity, provided in connection with the real year of disposition allocable to the
● A Baltimore activity and a
property or vice versa). part of the activity disposed of.
Philadelphia activity, or 3. Any activity with another
● Four separate activities.
activity in a different type of business Dispositions
and in which you hold an interest as
Once you choose a grouping under a limited partner or as a limited Unallowed PACs, unlike unallowed
these rules, you must continue using entrepreneur (as defined in section passive activity losses, are not
that grouping in later tax years unless 464(e)(2)), if that other activity allowed when you dispose of your
a material change in the facts and engages in holding, producing, or interest in an activity. However, you
circumstances makes it clearly distributing motion picture films or may elect to increase the basis of the
inappropriate. videotapes; farming; leasing section credit property by the amount of the
The IRS may regroup your activities 1245 property; or exploring for (or original basis reduction of the
if your grouping fails to reflect one or exploiting) oil and gas resources or property to the extent that the credit
more appropriate economic units and geothermal deposits. has not been allowed under the
one of the primary purposes of your Activities conducted through passive activity rules. Unallowed
grouping is to avoid the passive partnerships, S corporations, and PACs that are not used to increase
activity limitations. C corporations subject to section the basis of the credit property are
Limitation on grouping certain 469. Once a partnership or carried forward until they are allowed.
activities. The following activities corporation determines its activities To make the election, complete Part
may not be grouped together. under these rules, a partner or VI of Form 8582-CR. No basis
1. A rental activity with a trade or shareholder may use these rules to adjustment may be elected on a
business activity unless the activities group those activities with: partial disposition of your interest in
a passive activity.
其
12a Low-income housing credit:
(1) From section 42(j)(5) partnerships for property placed in
service before 1990 12a(1)
(2) Other than on line 12a(1) for property placed in service before 1990 12a(2)
Form 8586, line 5
(3) From section 42(j)(5) partnerships for property placed in
service after 1989 12a(3) 12,000
Credits
(4) Other than on line 12a(3) for property placed in service after 1989 12a(4)
其
b Qualified rehabilitation expenditures related to rental real estate
activities 12b
c Credits (other than credits shown on lines 12a and 12b) related See page 8 of Partner’s
to rental real estate activities 12c Instructions for Schedule K-1
(Form 1065).
d Credits related to other rental activities 12d
13 Other credits 13
For Paperwork Reduction Act Notice, see Instructions for Form 1065. Cat. No. 11394R Schedule K-1 (Form 1065) 2000
Page 5
Step 1. Mr. Jones will need the following forms to report the low-income housing credit:
● Form 8586, Low-Income Housing Credit.
● Form 8582-CR, Passive Activity Credit Limitations.
Mr. Jones follows the instructions for line 12a of Schedule K-1 and enters the employer identification number (EIN) of the partnership
and the $12,000 low-income housing credit on line 5 of Form 8586, and completes line 6.
8586
OMB No. 1545-0984
Form
Low-Income Housing Credit
Department of the Treasury
2000
Attachment
Internal Revenue Service 䊳 Attach to your return. Sequence No. 36b
Name(s) shown on return Identifying number
John and Mary Jones 123-00-4567
Part I Current Year Credit (See instructions.)
1 Number of Forms 8609 attached 䊳
2 Eligible basis of building(s) (total from attached Schedule(s) A (Form 8609), line 1) 2
3a Qualified basis of low-income building(s) (total from attached Schedule(s) A (Form 8609), line 3) 3a
b Has there been a decrease in the qualified basis of any building(s) since the close of the preceding
tax year? Yes No If “Yes,” enter the building identification number (BIN) of the
building(s) that had a decreased basis. If more space is needed, attach a schedule to list the BINs.
(i) (ii) (iii) (iv)
4 Current year credit (total from attached Schedule(s) A (Form 8609), see instructions) 4
5 Credits from pass-through entities (if from more than one entity, see instructions):
If you are a— Then enter total of current year housing credit(s) from—
其
a Shareholder Schedule K-1 (Form 1120S), lines 12b(1) through (4)
b Partner Schedule K-1 (Form 1065), lines 12a(1) through (4), or
Schedule K-1 (Form 1065-B), box 8
10 – 5566650 5 12,000
c Beneficiary Schedule K-1 (Form 1041), line 14 EIN of pass-through entity
6 Add lines 4 and 5. (See instructions to find out if you complete lines 7 through 18 or file Form 3800.) 6 12,000
7 Passive activity credit or total current year credit for 2000 (see instructions) 7
Step 2. Line 7 of Form 8586 asks for the passive activity credit for 2000. The amount is figured on Form 8582-CR and the worksheets.
Page 6
Mr. Jones follows the instructions for Worksheet 3 and enters the total credits from column (a) of that worksheet on line 3a of Form
8582-CR. He enters the total credits on line 3c and completes lines 5 through 7 of the form. Mr. Jones can skip Parts II and III and go
to Part IV because the only credit he has is from a post-1989 low-income housing rental real estate activity. He must also complete the
computation for line 35 in the instructions to get the amount to enter on line 35 of the form.
Part IV Special Allowance for Low-Income Housing Credits for Property Placed in Service After 1989
Note: Complete this part only if you have an amount on line 3c. Otherwise, go to Part V.
31 If you completed Part III, enter the amount from line 19. Otherwise, subtract line 16 from line 7 31 12,000
32 Enter the amount from line 30 32 -0-
33 Subtract line 32 from line 31. If zero, enter -0- here and on line 36 33 12,000
34 Enter the smaller of line 3c or line 33 34 12,000
35 Tax attributable to the remaining special allowance (see page 12) 35 9,435
Page 7
Line 35 computation:
Line 35. Figure the tax attributable to the remaining special allowance as follows:
A. Taxable income 305,000
B. Tax on line A. Use the Tax Table, Tax Rate Schedules, the Capital Gain Tax Worksheet, or Schedule D (Form 1040) (or Schedule
D (Form 1041)), whichever applies 91,646
C. Enter $25,000 ($12,500 if married filing separate return and you and your spouse lived apart at
all times during the year) 25,000
D. Enter amount, if any, from line 9 of Form 8582 -0-
E. Subtract line D from line C 25,000
F. Subtract line E from line A 280,000
G. Tax on line F. Use the Tax Table, Tax Rate Schedules, the Capital Gain Tax Worksheet, or Schedule D (Form 1040) (or Schedule
D (Form 1041)), whichever applies 82,211
H. Subtract line G from line B 9,435
I. Add lines 16 and 30 of Form 8582-CR and enter the total -0-
J. Tax attributable to the remaining special allowance. Subtract line I from line H. Enter the result on line 35 of Form 8582-CR 9,435
Note: When using taxable income in the above computation, it is not necessary to refigure items that are based on a percentage
of adjusted gross income.
Mr. Jones completes Part V of Form 8582-CR:
37 Passive Activity Credit Allowed. Add lines 6, 16, 30, and 36. See page 12 to find out how to
report the allowed credit on your tax return and how to allocate allowed and unallowed credits if
you have more than one credit or credits from more than one activity. If you have any credits from
a publicly traded partnership, see Publicly Traded Partnerships (PTPs) on page 15 37 9,435
Step 3. After completing Form 8582-CR, Mr. Jones determines his allowed and unallowed credit. Because he has only one type of
credit from a single passive activity, his allowed low-income housing credit for 2000 is the amount on line 37, or $9,435. His unallowed
credit of $2,565 is determined by subtracting the allowed credit on line 37 from the total credit on line 5 ($12,000 – $9,435).
Step 4. Mr. Jones enters the allowed passive activity credit of $9,435 on line 7 of Form 8586 and completes Part II of that form
according to the instructions for Form 8586. The unallowed credit of $2,565 is carried forward and used to figure the passive activity
credit allowed for 2001.
8586
OMB No. 1545-0984
Form
Low-Income Housing Credit
Department of the Treasury
2000
Attachment
Internal Revenue Service 䊳 Attach to your return. Sequence No. 36b
Name(s) shown on return Identifying number
John and Mary Jones 123-00-4567
Part I Current Year Credit (See instructions.)
1 Number of Forms 8609 attached 䊳
2 Eligible basis of building(s) (total from attached Schedule(s) A (Form 8609), line 1) 2
3a Qualified basis of low-income building(s) (total from attached Schedule(s) A (Form 8609), line 3) 3a
b Has there been a decrease in the qualified basis of any building(s) since the close of the preceding
tax year? Yes No If “Yes,” enter the building identification number (BIN) of the
building(s) that had a decreased basis. If more space is needed, attach a schedule to list the BINs.
(i) (ii) (iii) (iv)
4 Current year credit (total from attached Schedule(s) A (Form 8609), see instructions) 4
5 Credits from pass-through entities (if from more than one entity, see instructions):
If you are a— Then enter total of current year housing credit(s) from—
其
a Shareholder Schedule K-1 (Form 1120S), lines 12b(1) through (4)
b Partner Schedule K-1 (Form 1065), lines 12a(1) through (4), or
Schedule K-1 (Form 1065-B), box 8
10 – 5566650 5 12,000
c Beneficiary Schedule K-1 (Form 1041), line 14 EIN of pass-through entity
6 Add lines 4 and 5. (See instructions to find out if you complete lines 7 through 18 or file Form 3800.) 6 12,000
7 Passive activity credit or total current year credit for 2000 (see instructions) 7 9,435
Page 8
If you had only one type of prior rehabilitation credits from rental real
year unallowed credit from a single estate activities or low-income
Specific Instructions passive activity, figure your prior year housing credits for property placed in
unallowed credit by subtracting line service before 1990 must include the
Current Year Credits 37 of your 1999 Form 8582-CR from credits from those activities on lines
line 5 of your 1999 Form 8582-CR. 2a and 2b. Use Worksheet 2 to figure
Convert any current year qualified the amounts to enter on lines 2a and
expenditures into credits before Otherwise, your prior year
unallowed credits are the amounts 2b.
beginning Worksheet 1, 2, 3, or 4.
shown in column (b) of Worksheet 9 If you have low-income housing
Form 3800, General Business in the 1999 Instructions for Form credits for property placed in service
Credit. Enter the credits from line 3 8582-CR. Enter the prior year after 1989, include those credits in
of Form 3800 in column (a) of unallowed credits in column (b) of Worksheet 3 instead of Worksheet 2.
Worksheet 1, 2, 3, or 4. If the credits Worksheet 1, 2, 3, or 4, whichever If you held an indirect interest in the
are from more than one activity or are apply. property through a partnership, S
of more than one type, separate the corporation, or other pass-through
credits by activity or type before entity, use Worksheet 3 only if you
making entries in the worksheets. Part I—2000 Passive also acquired your interest in the
Example. You have a low-income pass-through entity after 1989.
housing credit from one activity and Activity Credits
a research credit from a different Use Part I to combine your credits Include the credits in
activity. Enter the low-income housing from passive activities to determine if ! Worksheet 4, but not in
CAUTION Worksheet 2 or Worksheet 3,
credit in column (a) of Worksheet 2 you have a PAC for 2000.
and make a separate entry for the If your credits from all passive if you are married filing a separate
research credit in column (a) of activities exceed the tax attributable return and lived with your spouse at
Worksheet 4. to net passive income, you have a any time during the year.
Form 8586, Low-Income Housing PAC for 2000. Generally, you have Lines 3a through 3c. Individuals
Credit. If you are not required to file net passive income if line 3 of Form (including limited partners) and
Form 3800, enter the portion of the 8582 shows income. See the qualifying estates who had
credit attributable to passive activities instructions for line 6 of Form low-income housing credits from
from line 6 of Form 8586 in column 8582-CR on this page for other rental real estate activities for
(a) of Worksheet 2 or 3. details. property placed in service after 1989
Form 8834, Qualified Electric Lines 1a through 1c. Individuals must include those credits on lines 3a
Vehicle Credit. Enter the credits and qualifying estates that actively through 3c instead of Worksheet 2. If
from line 10 of Form 8834 in column participated in rental real estate you held an indirect interest in the
(a) of Worksheet 1 or 4. If the credits activities (other than rental real estate property through a partnership, S
are from more than one activity, activities with rehabilitation credits or corporation, or other pass-through
separate the credits by activity before low-income housing credits) must entity, use lines 3a through 3c only if
making entries in the worksheet. include the credits from these you also acquired your interest in the
Form 8844, Empowerment Zone activities on lines 1a through 1c. Use pass-through entity after 1989. Use
Employment Credit. Enter the Worksheet 1 to figure the amounts to Worksheet 3 to figure the amounts to
credits from line 5 of Form 8844 in enter on lines 1a and 1b. enter on lines 3a and 3b.
column (a) of Worksheet 1 or 4. If the See Active Participation in a Lines 4a through 4c. Individuals
credits are from more than one Rental Real Estate Activity on page must include on lines 4a through 4c
activity, separate the credits by 3. credits from passive activities that
activity before making entries in the were not entered on Worksheets 1,
worksheet. Include the credits in 2, or 3. Trusts must include credits
Nonconventional source fuel ! Worksheet 4, but not in
CAUTION Worksheet 1, if you are
from all passive activities in
credit. Figure your credit from Worksheet 4. Use Worksheet 4 to
married filing a separate return and figure the amounts to enter on lines
passive activities for fuel produced lived with your spouse at any time
from a nonconventional source and 4a and 4b.
during the year, even if you actively Line 6. If line 3 of Form 8582 shows
enter the credit in column (a) of participated.
Worksheet 4. net income or you did not complete
See section 29 for more information Note: You may take credits that Form 8582 because you had net
on the credit for fuel produced from a arose in a prior tax year (other than passive income, you must figure the
nonconventional source. low-income housing and rehabilitation tax on the net passive income. If you
credits) under the special allowance have an overall loss on an entire
only if you actively participated in the disposition of your interest in a
Prior Year Unallowed rental real estate activity for both that passive activity, reduce net passive
Credits prior year and this year. If you did not income, if any, on line 3 of Form 8582
To figure this year's PAC, you must actively participate for both years, to the extent of the loss (but not
take into account any credits from include the credits in Worksheet 4, below zero) and use only the
passive activities disallowed for prior but not in Worksheet 1. remaining net passive income in the
years and carried forward to this year. Lines 2a through 2c. Individuals computation on page 10. If you had
(including limited partners) and a net passive activity loss, enter zero
qualifying estates who had on line 6 and go on to line 7.
Page 9
Figure the tax on net passive amount from line 5 on line 37 and year must enter $75,000 on line 9
income as follows. report the credits on the forms instead of $150,000. Married persons
A. Taxable income including normally used. Do not complete filing separate returns who lived with
net passive income ......... Worksheets 5 through 9. their spouses at any time during the
B. Tax on line A. Use the Tax Table, Tax year are not eligible for the special
Rate Schedules, the Capital Gain Tax
Worksheet, or Schedule D (Form allowance. They must enter zero on
1040) (or Schedule D (Form 1041)), Part II—Special Allowance line 16 and go to line 17.
whichever applies ...............................
C. Taxable income without
for Rental Real Estate Line 10. To figure modified
net passive income ......... Activities With Active adjusted gross income, combine all
D. Tax on line C. Use the Tax Table, Tax the amounts used to figure adjusted
Rate Schedules, the Capital Gain Tax Participation gross income except:
Worksheet, or Schedule D (Form
1040) (or Schedule D (Form 1041)), ● Any passive activity loss as defined
Married persons filing separate
whichever applies ............................... in section 469(d)(1);
E. Subtract line D from line B and enter
the result on line 6 of Form 8582-CR
! returns who lived with their
CAUTION spouses at any time during the
● Any rental real estate loss allowed
year are not eligible to complete Part under section 469(c)(7) to real estate
Note: When using taxable income in professionals (defined under
the above computation, it is not II.
Use Part II to figure the credit Activities That Are Not Passive
necessary to refigure items that are Activities on page 1);
based on a percentage of adjusted allowed if you have any credits from
● Any overall loss from a PTP;
gross income. rental real estate activities in which
you actively participated (other than ● The taxable amount of social
Line 7. If line 7 is zero because the
tax on the net passive income on line rehabilitation credits and low-income security and tier 1 railroad retirement
6 is greater than your credits from housing credits). See Rental benefits;
Activities on page 2 for details. ● The deduction allowed under
passive activities on line 5, all your
credits from passive activities are Line 9. Married persons filing section 219 for contributions to IRAs
allowed. In this case, enter the separate returns who lived apart from and certain other qualified retirement
their spouses at all times during the plans;
Lines 1a and 1b. Use Worksheet 1 to figure the amounts to enter on lines 1a and 1b. Use line 1a for credits from rental real estate
activities with active participation for the current year and line 1b for prior year unallowed credits from rental real estate activities with
active participation in both the prior year in which the credit arose and the current year. See Active Participation in a Rental Real
Estate Activity on page 3 for a definition of active participation.
After you complete the worksheet below, enter the totals of columns (a) and (b) on the corresponding lines of Form 8582-CR and
then complete line 1c.
Note: Rehabilitation credits from rental real estate activities and low-income housing credits must be entered in Worksheet 2 or 3,
whichever applies, even if you actively participated in the activity.
Lines 2a and 2b. Use Worksheet 2 to figure the amounts to enter on lines 2a and 2b. Use line 2a for rehabilitation credits and
low-income housing credits from rental real estate activities for the current year and line 2b for prior year unallowed credits from those
activities. However, use Worksheet 3 instead of Worksheet 2 if you have any low-income housing credits for property placed in service
after 1989. If you held an indirect interest in the property through a partnership, S corporation, or other pass-through entity, use
Worksheet 3 only if you also acquired your interest in the pass-through entity after 1989. Use this worksheet if you do not meet both
requirements.
After you complete the worksheet below, enter the totals of columns (a) and (b) on the corresponding lines of Form 8582-CR and
then complete line 2c.
Worksheet 2 for Lines 2a and 2b (keep for your records)
Current Year Prior Year
Credits Unallowed Credits Total Credits
From
Name of Activity Form
(a) Credit line 2a (b) Credit line 2b (c) Add cols. (a) and (b)
Page 10
● The deduction allowed under When figuring modified adjusted allowance. They must enter zero on
section 164(f) for one-half of gross income, any overall loss from line 16 and go to line 17.
self-employment taxes; an entire disposition of an interest in Line 15. Figure the tax attributable
● The exclusion from income of a passive activity is taken into to the amount on line 14 as follows.
interest from series EE and I U.S. account as a nonpassive loss if you A. Taxable income...............
savings bonds used to pay higher do not have any net passive income B. Tax on line A. Use the Tax Table, Tax
education expenses; after combining net income and Rate Schedules, the Capital Gain Tax
losses from all other passive activities Worksheet, or Schedule D (Form
● The exclusion allowed under 1040) (or Schedule D (Form 1041)),
section 137 for expenses related to (that is, line 3 of Form 8582 is a loss whichever applies ...............................
adoption assistance programs; or or zero). If you do have net passive C. Enter amount from line A
● The student loan interest deduction.
income when you combine the net above ..............................
D. Enter amount from line
losses and net income from all other 14 of Form 8582-CR .......
Include in modified adjusted gross passive activities, the overall loss E. Subtract line D from line
income any portfolio income and from the disposition is taken into C ......................................
expenses that are clearly and directly account as a nonpassive loss only to F. Tax on line E. Use the Tax Table, Tax
allocable to portfolio income. Also Rate Schedules, the Capital Gain Tax
the extent that it exceeds that net Worksheet, or Schedule D (Form
include any income that is treated as passive income. 1040) (or Schedule D (Form 1041)),
nonpassive income, such as overall whichever applies ...............................
gain from a PTP and net income from Line 12. Do not enter more than G. Subtract line F from line B and enter
the result on line 15 of Form 8582-CR.
an activity or item of property subject $12,500 on line 12 if you are married
to the recharacterization of passive filing a separate return and you and Note: When using taxable income in
income rules. For information on your spouse lived apart at all times the above computation, it is not
recharacterization of income, see during the year. Married persons filing necessary to refigure items that are
Pub. 925 or Temporary Regulations separate returns who lived with their based on a percentage of adjusted
section 1.469-2T(f) and Regulations spouses at any time during the year gross income.
section 1.469-2(f). are not eligible for the special
Lines 3a and 3b. Use Worksheet 3 to figure the amounts to enter on lines 3a and 3b for low-income housing credits for property
placed in service after 1989. If you held an indirect interest in the property through a partnership, S corporation, or other pass-through
entity, use Worksheet 3 only if you also acquired your interest in the pass-through entity after 1989. Use line 3a for the current year
credits and line 3b for prior year unallowed credits for those activities.
After you complete the worksheet below, enter the totals of columns (a) and (b) on the corresponding lines of Form 8582-CR and
then complete line 3c.
Lines 4a and 4b. Use Worksheet 4 to figure the amounts to enter on lines 4a and 4b. Use line 4a for credits from all other passive
activities for the current year and line 4b for prior year unallowed credits from those activities.
After you complete the worksheet below, enter the totals of columns (a) and (b) on the corresponding lines of Form 8582-CR and
then complete line 4c.
Page 11
F. Tax on line E. Use the Tax Table, Tax based on a percentage of adjusted
Rate Schedules, the Capital Gain Tax
Worksheet, or Schedule D (Form 1040) gross income.
Part III—Special Allowance (or Schedule D (Form 1041)),
whichever applies ..................................
for Rehabilitation Credits G. Subtract line F from line B and enter the
From Rental Real Estate Part V—Passive Activity
result on line 27 of Form 8582-CR .......
Activities and Low-Income Note: When using taxable income in Credit Allowed
the above computation, it is not
Housing Credits for necessary to refigure items that are
Use Part V to figure the PAC (as
Property Placed in Service based on a percentage of adjusted determined in Part I) that is allowed
for 2000 for all passive activities.
Before 1990 (or From gross income.
Line 37. If you have only one type
Pass-Through Interests of credit, the amount on line 37 is the
Acquired Before 1990) Part IV—Special Allowance credit allowed for the year. Enter this
amount on the form where it is
Married persons filing separate for Low-Income Housing normally reported. See Reporting
! returns who lived with their Credits for Property Placed Allowed Credits on Your Tax
spouses at any time during the in Service After 1989
CAUTION Return below. Your unallowed credit
year are not eligible to complete Part is line 5 minus line 37.
III. Married persons filing separate Use Worksheets 5 through 9,
Use Part III to figure the credit ! returns who lived with their
CAUTION spouses at any time during the
whichever apply, on pages 13 and 14,
to allocate the allowed and unallowed
allowed if you have any rehabilitation
credits or low-income housing credits year are not eligible to complete Part credits if you have credits from more
for property placed in service before IV. than one activity. Also use the
1990. Also use this part if your Use Part IV to figure the credit worksheets if you must allocate the
low-income housing credit is from a allowed if you have any low-income credits because they are reported on
partnership, S corporation, or other housing credits for property placed in different forms.
pass-through entity in which you service after 1989. If you held an Keep a record of each unallowed
acquired your interest before 1990, indirect interest in the property credit and the activity to which it
regardless of the date the property through a partnership, S corporation, belongs so you may claim the credit
was placed in service. or other pass-through entity, use Part if it becomes allowable in a future
Line 21. Married persons filing IV only if your interest in the year.
separate returns who lived apart from pass-through entity was also acquired
their spouses at all times during the after 1989. Reporting Allowed Credits on
year must enter $125,000 on line 21, Line 35. Figure the tax attributable Your Tax Return
instead of $250,000. to the remaining special allowance as Form 3800. Enter on line 5 of Form
Skip lines 21 through 26 if you follows. 3800 the total passive activity general
completed Part II of this form and A. Taxable income..................... business credit allowed.
your modified adjusted gross income B. Tax on line A. Use the Tax Table, Tax Form 8586. If you are not required
on line 10 in Part II was $100,000 or Rate Schedules, the Capital Gain Tax to file Form 3800, enter on line 7 of
Worksheet, or Schedule D (Form 1040)
less ($50,000 or less if married filing (or Schedule D (Form 1041)), Form 8586 any allowed low-income
separately and you lived apart from whichever applies .................................. housing credit.
your spouse for the entire year). C. Enter $25,000 Form 8834. Enter on line 12 of Form
($12,500 if married
Instead, enter the amount from line filing separate 8834 the passive activity qualified
15 on line 27. return and you and electric vehicle credit allowed.
your spouse lived
Line 24. Do not enter more than apart at all times Form 8844. Enter on line 7 of Form
$12,500 on line 24 if you are married during the year) .... 8844 the passive activity
D. Enter amount, if
filing a separate return and lived apart any, from line 9 of empowerment zone employment
from your spouse for the entire year. Form 8582 ............ credit allowed.
Line 27. Figure the tax attributable E. Subtract line D from line C ...
F. Subtract line E from line A.... Nonconventional Source Fuel
to the amount on line 26 as follows. Credit. If you have an allowed
G. Tax on line F. Use the Tax Table, Tax
A. Taxable income..................... Rate Schedules, the Capital Gain Tax passive activity credit for fuel
Worksheet, or Schedule D (Form 1040) produced from a nonconventional
B. Tax on line A. Use the Tax Table, Tax (or Schedule D (Form 1041)),
Rate Schedules, the Capital Gain Tax whichever applies .................................. source, see section 29 for limitations
Worksheet, or Schedule D (Form 1040) H. Subtract line G from line B....................
(or Schedule D (Form 1041)), I. Add lines 16 and 30 of Form 8582-CR
and adjustments to the credit. Attach
whichever applies .................................. and enter the total ................................. a separate schedule to your tax return
C. Enter amount from line A J. Tax attributable to the remaining showing how you figured the credit.
above .................................... special allowance. Subtract line I from
D. Enter amount from line 26 of line H. Enter the result on line 35 of If you have both passive and
Form 8582-CR ...................... Form 8582-CR....................................... nonpassive credits, combine the
E. Subtract line D from line C ...
Note: When using taxable income in credits before applying the limitations
the above computation, it is not and adjustments. Report the credit on
necessary to refigure items that are the line specified by the instructions
for the tax return you file.
Page 12
Instructions for Worksheet 5
Complete Worksheet 5 if you have an amount on line 1c of Form 8582-CR and you have credits from more than one activity.
Column (a). Enter the credits from Worksheet 1, column (c), in column (a) of this worksheet.
Column (b). Divide each of the credits shown in column (a) by the total of the credits in column (a) and enter the ratio for each of the
activities in column (b). The total of all the ratios must equal 1.00.
Column (c). Multiply line 16 of Form 8582-CR by the ratios in column (b) and enter the result in column (c). If the total of this column is
the same as the total of column (a), all credits for the activities in column (a) of this worksheet are allowed. Report them on the forms
normally used, and complete Worksheet 6 if you have credits shown in Worksheet 2. Also complete Worksheet 7 or 8 if you have
credits shown in Worksheet 3 or 4. If the total of column (a) is more than the total of column (c), complete column (d).
Column (d). Subtract column (c) from column (a) and enter the result in this column. Also enter the name of each activity and the form
the credit is reported on in Worksheet 8 and enter the amount from column (d) of this worksheet in column (a) of Worksheet 8. Also
complete Worksheet 6 or 7 if you have credits on line 2c or 3c of Form 8582-CR.
Totals 䊳 1.00
Instructions for Worksheet 6
Complete Worksheet 6 if you have an amount on line 2c of Form 8582-CR and you have credits from more than one activity.
Column (a). Enter the credits from Worksheet 2, column (c), in column (a) of this worksheet.
Column (b). Divide each of the credits shown in column (a) by the total of the credits in column (a) and enter the ratio for each of the
activities in column (b). The total of all the ratios must equal 1.00.
Column (c). Multiply line 30 of Form 8582-CR by the ratios in column (b) and enter the result in column (c). If the total of this column is
the same as the total of column (a), all credits for the activities in column (a) of this worksheet are allowed. Report them on the forms
normally used, and complete Worksheet 7 or 8 if you have credits shown in Worksheet 3 or 4 or amounts in column (d) of Worksheet 5.
If the total of column (a) is more than the total of column (c), complete column (d).
Column (d). Subtract column (c) from column (a) and enter the result in this column. Also enter the name of each activity and the form
the credit is reported on in Worksheet 8 and enter the amount from column (d) of this worksheet in column (a) of Worksheet 8.
Totals 䊳 1.00
Page 13
Instructions for Worksheet 7
Complete Worksheet 7 if you have credits on line 3c of Form 8582-CR and you have credits from more than one activity.
Column (a). Enter the credits from Worksheet 3, column (c), in column (a) of this worksheet.
Column (b). Divide each of the credits shown in column (a) by the total of the credits in column (a) and enter the ratio for each of the
activities in column (b). The total of all the ratios must equal 1.00.
Column (c). Multiply line 36 of Form 8582-CR by the ratios in column (b) and enter the result in column (c). If the total of this column is
the same as the total of column (a), all credits for the activities in column (a) of this worksheet are allowed. Report them on the forms
normally used, and complete Worksheet 8 if you have credits shown in Worksheet 4 or amounts in column (d) of Worksheet 5 or 6. If
the total of column (a) is more than the total of column (c), complete column (d).
Column (d). Subtract column (c) from column (a) and enter the result in this column. Also enter the name of each activity and the form
the credit is reported on in Worksheet 8 and enter the amount from column (d) of this worksheet in column (a) of Worksheet 8.
Worksheet 7 for Credits on Line 3a or 3b (keep for your records)
Form To Be (c) Special (d) Subtract
Name of Activity Reported on (a) Credits (b) Ratios Allowance column (c) from
column (a)
Totals 䊳 1.00
Totals 䊳 1.00
Totals 䊳
Page 14
Publicly Traded Computation of Allowed property placed in service before
Passive Activity Credits From 1990 by PTPs, and low-income
Partnerships (PTPs) housing credits from PTPs in which
PTPs
A PTP is a partnership whose you acquired your interest before
interests are traded on an established Complete Steps 1 and 2 only if you 1990 (regardless of the date placed
securities market or are readily have net passive income from a PTP in service) allowed under the special
tradable on a secondary market (or its with passive activity credits (including allowance are the smaller of the total
substantial equivalent). prior year unallowed credits). credits from Step 3 or the amount
An established securities market Step 1. Figure the tax attributable to figured in Step 4. If Step 4 is smaller
includes any national securities net passive income from each PTP than Step 3, allocate the amount in
exchange and any local exchange with passive activity credits (including Step 4 pro rata to the credits from
registered under the Securities prior year unallowed credits) by each PTP in Step 3.
Exchange Act of 1934 or exempted following the steps shown in the Note: Complete Steps 6 through 8
from registration because of the worksheet in the line 6 instructions on only if you have low-income housing
limited volume of transactions. It also page 9. Complete a separate tax credits (including prior year unallowed
includes any over-the-counter market. computation for each PTP with net credits) for property placed in service
passive income. after 1989 from a PTP in which you
A secondary market generally
exists if a person stands ready to Step 2. Passive activity credits from acquired your interest after 1989.
make a market in the interest. An each PTP are allowed to the extent Step 6. Reduce low-income housing
interest is treated as readily tradable of the tax attributable to net passive credits (including prior year unallowed
if the interest is regularly quoted by income from the same PTP. Credits credits) for property placed in service
persons, such as brokers or dealers, in excess of the tax attributable to net after 1989 from each PTP in which
who are making a market in the passive income may be allowed you also acquired your interest after
interest. under one or more steps below. 1989 to the extent of the tax
The substantial equivalent of a Complete Steps 3 through 5 only if attributable to net passive income
secondary market exists if there is no your passive activity credits (including from that PTP, which was figured in
identifiable market maker, but holders prior year unallowed credits) include Step 1.
of interests have a readily available, rehabilitation credits from rental real Step 7. Before beginning this step,
regular, and ongoing opportunity to estate activities from PTPs, complete Form 8582-CR if you have
sell or exchange their interests low-income housing credits for any passive credits that are not from
through a public means of obtaining property placed in service before PTPs. Subtract the sum of the credits
or providing information on offers to 1990 from PTPs, or low-income allowed in Step 5 above and line 36
buy, sell, or exchange interests. housing credits from PTPs in which of Form 8582-CR from the amount on
Similarly, the substantial equivalent you acquired your interest before line 35 of Form 8582-CR to figure the
of a secondary market exists if 1990 (regardless of the date placed tax attributable to the special
prospective buyers and sellers have in service). allowance available for the credits in
the opportunity to buy, sell, or Step 3. Reduce rehabilitation credits Step 6.
exchange interests in a timeframe from rental real estate activities from If your only passive credits are from
and with the regularity and continuity each PTP, low-income housing PTPs, complete the steps shown in
that the existence of a market maker credits for property placed in service the worksheet in the line 35
would provide. before 1990 from each PTP, and any instructions on page 12. Subtract the
low-income housing credits (including credits allowed in Step 5 above from
Credits From PTPs prior year unallowed credits) from the tax figured on line J of that
A credit from a passive activity held each PTP in which you acquired your worksheet. The result is the tax
through a PTP is allowed to the interest before 1990 (regardless of attributable to the special allowance
extent of the tax attributable to net the date placed in service) to the available for the credits in Step 6.
passive income from that partnership. extent of the tax, which was figured
Step 8. Low-income housing credits
In addition, rehabilitation credits and in Step 1, attributable to net passive
allowed under the special allowance
low-income housing credits from income from that PTP.
for property placed in service after
rental real estate activities held Step 4. Before beginning this step, 1989 from a PTP in which you also
through PTPs are allowed to the complete Form 8582-CR if you have acquired your interest after 1989 are
extent of any special allowance that any passive credits that are not from the smaller of the total credits from
remains after taking into account PTPs. Subtract the total of lines 16, Step 6 or the amount figured in Step
losses and credits from rental real 30, and 36, if any, of Form 8582-CR, 7. If Step 7 is smaller than Step 6,
estate activities not owned through from the amount on line 27 of Form allocate the amount in Step 7 pro rata
PTPs. See Active Participation in a 8582-CR, to figure the tax attributable to the credits from each PTP in Step
Rental Real Estate Activity on page to the special allowance available for 6.
3. the credits in Step 3.
Step 9. Add the credits from Steps
If your only passive credits are from 2, 5, and 8. These are the total credits
Do not enter credits from PTPs, complete lines 21 through 27
! PTPs on the worksheets or on allowed from passive activities of
CAUTION Form 8582-CR. Instead, use
of Form 8582-CR as a worksheet. PTPs.
The amount on line 27 is the tax Step 10. Figure the allowed and
the following steps to figure the attributable to the special allowance
allowed and unallowed credits from unallowed credits from each PTP.
available for the credits in Step 3. Report the allowed credits on the
passive activities held through PTPs.
Step 5. Rehabilitation credits from forms normally used. Keep a record
rental real estate activities of PTPs, of the unallowed credits to be carried
low-income housing credits for forward to 2001.
Page 15
previously because of the passive Act unless the form displays a valid
credit limitations. The amount of the OMB control number. Books or
Part VI—Election To unallowed credit that may be applied records relating to a form or its
Increase Basis of Credit against tax is reduced by the amount instructions must be retained as long
Property of the basis adjustment. as their contents may become
No basis adjustment may be material in the administration of any
Complete Part VI if you disposed of elected on a partial disposition of your Internal Revenue law. Generally, tax
your entire interest in a passive interest in a passive activity or if the returns and return information are
activity and elect to increase the basis disposition is not fully taxable. The confidential, as required by section
of the credit property used in the amount of any unallowed credit, 6103.
activity by the unallowed credit that however, remains available to offset The time needed to complete and
reduced the basis of the property. the tax attributable to net passive file this form will vary depending on
Line 38. Check the box if you elect income. individual circumstances. The
to increase the basis of credit estimated average time is:
property used in a passive activity by
Recordkeeping ..................................... 2 hr., 5 min.
the unallowed credit that reduced the Paperwork Reduction Act Notice. Learning about the law or the form .. 6 hr., 5 min.
property's basis. The election is We ask for the information on this Preparing the form .............................. 4 hr., 21 min.
available for a fully taxable disposition form to carry out the Internal Revenue Copying, assembling, and sending
of an entire interest in an activity for laws of the United States. You are the form to the IRS.............................. 2 hr., 11 min.
which a basis adjustment was made required to give us the information.
as a result of placing in service We need it to ensure that you are If you have comments concerning
property for which a credit was taken. complying with these laws and to the accuracy of these time estimates
You may elect to increase the basis allow us to figure and collect the right or suggestions for making this form
of the credit property immediately amount of tax. simpler, we would be happy to hear
before the disposition (by an amount from you. See the instructions for the
You are not required to provide the
no greater than the amount of the tax return with which this form is filed.
information requested on a form that
original basis reduction) to the extent is subject to the Paperwork Reduction
that the credit had not been allowed
Page 16