IRS · Official form

Form 8582, Passive Activity Loss Limitations

Form 8582 figures how much of your passive activity losses you can deduct this year and how much carries forward. Fill in the official IRS PDF below and download it.

This is the genuine IRS PDF, unmodified. Source: IRS official page.

What is 8582?

Form 8582, Passive Activity Loss Limitations, is used by noncorporate taxpayers to figure the passive activity loss allowed for the current year. Passive activities generally include rental activities and businesses in which you do not materially participate, and losses from them can usually only offset passive income rather than wages or portfolio income.

The form nets income and losses across your passive activities, applies the special allowance for rental real estate with active participation, and tracks unallowed losses that carry forward to future years. Prior year unallowed losses flow back onto the form until passive income or a full disposition frees them up.

Who files 8582?

  • Individuals, estates, and trusts with losses from rental real estate they do not qualify to deduct in full
  • Taxpayers with losses from businesses or partnerships in which they do not materially participate
  • Investors with prior year unallowed passive losses carrying forward
  • Rental real estate owners applying the special allowance for active participation

How to fill out 8582

  1. Gather the income and loss figures for each passive activity from your Schedules E, C, F, and K-1s.
  2. Complete the worksheets listing each activity’s current income, current loss, and prior year unallowed loss.
  3. Fill in Part I to net your passive income and losses for the year.
  4. Work through the special allowance section if you actively participate in rental real estate, since up to $25,000 of loss may be allowed subject to income phaseouts.
  5. Carry the allowed losses to the related schedules on your return, then download the finished PDF and attach it to your Form 1040 or 1041.

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Frequently asked questions

What counts as a passive activity?

Generally, trade or business activities in which you do not materially participate, and most rental activities regardless of participation. Publication 925 explains the material participation tests and the exceptions, including the one for real estate professionals.

What happens to losses I cannot deduct this year?

They are not lost. Unallowed losses carry forward and appear on next year’s Form 8582, where they can offset future passive income. They are generally allowed in full when you dispose of your entire interest in the activity in a taxable transaction.

Do I always need Form 8582 for a rental loss?

Not always. The instructions list situations where the form is not required, for example when all your rental losses are allowed under the active participation allowance without limitation. When in doubt, complete the form to confirm.