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Form 8582 MS: What You Should Know

Form 857 — IRS Use IRS Form 857 to report a taxable rental loss. The passive activity loss is treated as a negative tax for purposes of claiming deductions from ordinary income. Forms and Procedures for Reasonable Cause Losses — IRS When the taxpayer reports a reasonable cause loss, the amount of the loss is calculated using formulas based on the cost of the rental unit or the income from the rental unit. These formulas are used unless the taxpayer's loss differs from the amounts listed below. Note: If the taxpayer's reasonable claim requires additional information, the taxpayer files Form 5620, Alternative Loss for Reasonable Cause Losses. When an individual rents an entire rental unit and the cost is 1,000 or more, the taxpayer can report a reasonable cause loss. When an individual rents a portion of a rental unit that is valued at 500 or more, the individual may report a reasonable cause loss. An individual may exclude from gross income up to 2,000 of a reasonable cause loss in the year of loss and may claim a deduction limited to the reasonable cost of the replacement unit. When a reasonable cause loss in excess of the exclusion rate or the deduction allowed is allowed, the taxpayer must file Form 5620 or amend its return (Form 1140) to show the loss. Reasonable cause rental losses can be claimed as a deduction against any net rental income received for the rental unit from all sources except rental-only entities. Reasonable cause losses can be claimed against rental-only entities and, for income years prior to 2013, real estate partnerships. The reasonable cause loss can be shown on Form 1040 for the year of loss, or it can be shown on Schedule A (Form 1040) for tax periods prior to 2013. Deductions for Reasonable Losses — IRS Taxpayers can claim a deduction for the reasonable cost of repairing a rental unit, or replacing the rental unit with a functionally similar unit that is not subject to depreciation or amortization, which amounts to the difference between the fair rental value on the date of the loss and the amount the owner would have paid to replace the rental unit. The deduction is allowed for the taxable year of the repair or replacement.

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