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Form 8582 online Kentucky: What You Should Know

Kentucky Passive Activity Loss Limitations and the Kentucky Tax Deduction — Revenue Estimating.org Information about the Kentucky passive activity loss limitations and the Kentucky tax deduction. State of Kentucky Form 8582, Passive Activity Loss Limitations — Revenue Estimating This form is used to calculate a resident's applicable passive activity loss limitations and the tax deduction for such limitations. The form must be filed by the due date of filing (Form 8582) the following year or the liability is lost. Kentucky passive activity losses are computed using an active activity test. For each taxpayer the inactive activity test is as follows: If a taxpayer was active at any time during the preceding tax year, he or she will be treated as inactive until the start of the following tax year for which the active activity test is being applied to determine the tax. An activity is inactive during the preceding tax year if it has occurred in a year during which the income of the taxpayer is less than the lowest level of income for the preceding tax year. Example: F.O.B. is retired from the United States Army. In 2018, he worked 5 days without compensation at a 5 per day rate or a 200 per week rate. He was active on December 31, 2017, at an active employee rate. F.O.B. was retired from the United States Army in December 2025 at an inactive activity level (10% of annual salary). Therefore, F.O.B. is not considered to have been active for the remainder of the year at his prior activity level of 10% of annual salary. F.O.B. cannot be considered to have been active for the remainder of the year if the taxpayer continues to receive the lower amount. Thus, he cannot use the passive activity limitation calculation to determine his Kentucky passive activity loss limitations. A taxpayer's Kentucky passive activity loss limitation and the tax deduction for such limitation are separate from the passive activity loss limitation calculation under Code section 5801 (determined under section 5801(c)). Passive activity losses are the tax deductions paid for each class of property held for business gain or loss. If the taxpayer does not meet the tests for an active business (and the taxpayer meets the tests for a passive activity), the passive activity limitation amount must be subtracted from the tax deduction amount to arrive at a taxable net income under section 5512 (and the liability under section 5801). If there was a loss, the loss deduction under Section 5801 can not be used to reduce the liability.

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