Hard1 markMultiple Choice
Area I: Individual Compliance and PlanningTCPIndividual TaxPassive Activity

CPA · Question 07 · Area I: Individual Compliance and Planning

In Year 1, a taxpayer invests $100,000 in a passive activity. They have an at-risk amount of $80,000. In Year 1, the activity generates a loss of $110,000. The taxpayer has no other passive income. How is the loss treated in Year 1?

Answer options:

A.

$110,000 is suspended under passive activity loss rules.

B.

$30,000 is suspended under at-risk rules; $80,000 is suspended under passive activity loss rules.

C.

$30,000 is suspended under at-risk rules; $80,000 is deductible against active income.

D.

$10,000 is suspended under basis rules; $20,000 under at-risk rules; $80,000 under passive rules.

How to approach this question

Apply the ordering rules: (1) Basis, (2) At-Risk, (3) Passive Activity. The loss must clear each hurdle sequentially.

Full Answer

B.$30,000 is suspended under at-risk rules; $80,000 is suspended under passive activity loss rules.✓ Correct
IRC §465 (At-Risk) applies before IRC §469 (Passive Activity). Total Loss: $110,000. At-Risk Limit: $80,000. Therefore, $30,000 is suspended under At-Risk rules. The remaining $80,000 is 'allowed' under At-Risk but is now subject to Passive Activity rules. With no passive income, the entire $80,000 is suspended as a Passive Activity Loss (PAL).

Common mistakes

Applying PAL rules to the entire loss before checking at-risk limits.

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