Hard1 markMultiple Choice
Area 1: Individual TaxTCPIndividual TaxPassive Activity Losses

CPA · Question 18 · Area 1: Individual Tax

A taxpayer has a passive activity credit of $5,000 from a rental real estate activity. They have no passive income in the current year. They sell the entire rental activity in a fully taxable transaction in the current year. How is the suspended credit treated?

Answer options:

A.

It is fully claimed as a credit against current year tax.

B.

It is lost forever.

C.

It is converted to a capital loss.

D.

It can be elected to increase the basis of the property immediately before the sale.

How to approach this question

1. Understand Passive Credit Rules: Credits can only offset tax on passive income.<br/>2. Disposition Rule: Unlike passive losses (which are fully allowed on disposition), passive credits are NOT triggered by disposition.<br/>3. Election: The taxpayer can elect to increase the basis of the property by the amount of the suspended credit (up to the original basis reduction amount) to reduce gain on sale.

Full Answer

D.It can be elected to increase the basis of the property immediately before the sale.✓ Correct
D
Upon a complete disposition, suspended passive losses are allowed. However, suspended passive credits are NOT allowed. Instead, the taxpayer can elect to increase the basis of the property by the amount of the credit (reversing any basis reduction that occurred when the credit was originally claimed), thereby reducing the gain on sale.

Common mistakes

Assuming passive credits are treated the same as passive losses upon disposition.

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