Passive Activity Loss Limitations

2016

Instructions for Form 8582

Department of the Treasury
Internal Revenue Service

Passive Activity Loss Limitations
Section references are to the Internal Revenue
Code unless otherwise noted.

Future Developments

For the latest developments related to
Form 8582 and its instructions, such as
legislation enacted after they were
published, go to www.irs.gov/form8582.

General Instructions
Reminders
Reporting prior year unallowed los­
ses. Beginning in 2011, Form 8582
must generally be filed by taxpayers
who have an overall gain (including any
prior year unallowed losses) from
business or rental passive activities.
See Exception under Who Must File,
later.
Regrouping due to Net Investment
Income Tax. You may be able to
regroup your activities if you are subject
to the Net Investment Income Tax. See
Regrouping Due to Net Investment
Income Tax under Grouping of
Activities, later, for more information.
Commercial revitalization deduction
(CRD). CRDs for rental real estate
activities are not allowed for buildings
placed in service after December 31,
2009. However, deductions may
continue to be ratably taken in 2016 for
buildings placed in service before
January 1, 2010. See Commercial
revitalization deduction (CRD), later.

Purpose of Form

Form 8582 is used by noncorporate
taxpayers to figure the amount of any
passive activity loss (PAL) for the
current tax year and to report the
application of prior year unallowed
PALs.

A PAL occurs when total losses
(including prior year unallowed losses)
from all your passive activities exceed
the total income from all your passive
activities.
Generally, passive activities include:
Trade or business activities in which
you did not materially participate for the
tax year.
Rental activities, regardless of your
participation.
Mar 09, 2017

PALs cannot be used to offset
income from nonpassive activities.
However, a special allowance for rental
real estate activities may allow some
losses even if the losses exceed
passive income.
PALs not allowed in the current year
are carried forward until they are
allowed either against passive activity
income, against the special allowance, if
applicable, or when you sell or
exchange your entire interest in the
activity in a fully taxable transaction to
an unrelated party.
For more information, see Pub. 925,
Passive Activity and At-Risk Rules.
Note. Corporations subject to the
passive activity rules must use Form
8810, Corporate Passive Activity Loss
and Credit Limitations.

Who Must File

Form 8582 is filed by individuals,
estates, and trusts who have passive
activity deductions (including prior year
unallowed losses). However, you don’t
have to file Form 8582 if you meet the
following exception.

Exception

You actively participated in rental real
estate activities (see Special Allowance
for Rental Real Estate Activities, later),
and you meet all of the following
conditions.
Rental real estate activities with
active participation were your only
passive activities.
You have no prior year unallowed
losses from these (or any other passive)
activities.
Your total loss from the rental real
estate activities was not more than
$25,000 ($12,500 if married filing
separately).
If you are married filing separately,
you lived apart from your spouse all
year.
You have no current or prior year
unallowed credits from a passive
activity.
Your modified adjusted gross income
(see the instructions for line 7, later) was
not more than $100,000 (not more than
$50,000 if married filing separately).

Cat. No. 64294A

You don’t hold any interest in a rental
real estate activity as a limited partner or
as a beneficiary of an estate or a trust.
If all the above conditions are met,
your rental real estate losses aren’t
limited, and you don’t need to complete
Form 8582. Enter losses reported on
Schedule E (Form 1040), Supplemental
Income and Loss, Part I, line 21, on
Schedule E (Form 1040), Part l, line 22.
For losses from a partnership or an S
corporation, enter the amount of the
allowable loss from Schedule K-1 in
Schedule E (Form 1040), Part II, column
(f). Enter losses reported on line 32 of
Form 4835, Farm Rental Income and
Expenses, on Form 4835, line 34c.

Coordination With Other
Limitations

Generally, PALs are subject to other
limitations (for example, basis and
at-risk limitations) before they are
subject to the passive loss limitations.
Once a loss becomes allowable under
these other limitations, you must
determine whether the loss is limited
under the passive loss rules. See Form
6198, At-Risk Limitations, for details on
the at-risk rules. Also, capital losses that
are allowable under the passive loss
rules may be limited under the capital
loss limitations of section 1211.
Percentage depletion deductions that
are allowable under the passive loss
rules may be limited under section
613A(d).

Definitions

Except as otherwise indicated, the
following terms in these instructions are
defined as shown below.
Net income. This is the excess of
current year income over current year
deductions from the activity. This
includes any current year gains or
losses from the disposition of assets or
an interest in the activity.
Net loss. This is the excess of current
year deductions over current year
income from the activity. This includes
any current year gains or losses from
the disposition of assets or an interest in
the activity.
Overall gain. This is the excess of the
“net income” from the activity over the

prior year unallowed losses from the
activity.
Overall loss. This is (a) the excess of
the prior year unallowed losses from the
activity over the “net income” from the
activity or (b) the prior year unallowed
losses from the activity plus the “net
loss” from the activity.
Prior year unallowed losses. These
are the losses from an activity that were
disallowed under the PAL limitations in
a prior year and carried forward to the
tax year under section 469(b). See
Regulations section 1.469-1(f)(4) and
Pub. 925.

Activities That Are Not
Passive Activities

The following aren’t passive activities.
1. Trade or business activities in
which you materially participated for the
tax year.
2. Any rental real estate activity in
which you materially participated if you
were a “real estate professional” for the
tax year. You were a real estate
professional only if:
a. More than half of the personal
services you performed in trades or
businesses during the tax year were
performed in real property trades or
businesses in which you materially
participated, and
b. You performed more than 750
hours of services during the tax year in
real property trades or businesses in
which you materially participated.
For purposes of whether you
materially participated under item (2),
each interest in rental real estate is a
separate activity, unless you elect to
treat all interests in rental real estate as
one activity. For details on making this
election, see Instructions for Schedule E
(Form 1040).
If you are married filing jointly, one
spouse must separately meet both (2)
(a) and (2)(b), without taking into
account services performed by the other
spouse.
A real property trade or business is
any real property development,
redevelopment, construction,
reconstruction, acquisition, conversion,
rental, operation, management, leasing,
or brokerage trade or business.
Services you performed as an
employee aren’t treated as performed in
a real property trade or business unless
you owned more than 5% of the stock
(or more than 5% of the capital or profits
interest) in the employer.

Note. If a rental real estate activity isn’t
a passive activity for the current year,
any prior year unallowed loss is treated
as a loss from a former passive activity.
See Former Passive Activities, later.
3. A working interest in an oil or gas
well. Your working interest must be held
directly or through an entity that doesn’t
limit your liability (such as a general
partner interest in a partnership). In this
case, it doesn’t matter whether you
materially participated in the activity for
the tax year.
If, however, your liability was limited
for part of the year (for example, you
converted your general partner interest
to a limited partner interest during the
year), some of your income and losses
from the working interest may be treated
as passive activity gross income and
passive activity deductions. See
Temporary Regulations section
1.469-1T(e)(4)(ii).
4. The rental of a dwelling unit you
used as a residence if section 280A(c)
(5) applies. This section applies if you
rented out a dwelling unit that you also
used as a home during the year for a
number of days that exceeds the
greater of 14 days or 10% of the number
of days during the year that the home
was rented at a fair rental.
5. An activity of trading personal
property for the account of owners of
interests in the activity. For purposes of
this rule, personal property means
property that is actively traded, such as
stocks, bonds, and other securities. See
Temporary Regulations section
1.469-1T(e)(6) for more details.
Generally, income and losses from
these activities aren’t entered on Form
8582. However, losses from these
activities may be subject to limitations
other than the passive loss rules.

Trade or Business
Activities

A trade or business activity is an activity
(other than a rental activity or an activity
treated as incidental to an activity of
holding property for investment) that:
1. Involves the conduct of a trade or
business (within the meaning of section
162),
2. Is conducted in anticipation of
starting a trade or business, or
3. Involves research or experimental
expenditures deductible under section
174 (or that would be if you chose to
deduct rather than capitalize them).
Trade or business activities are
generally reported on Schedule C (Form
­2­

1040), Profit or Loss From Business
(Sole Proprietorship), Schedule C-EZ
(Form 1040), Net Profit From Business
(Sole Proprietorship), or Schedule F
(Form 1040), Profit or Loss From
Farming, or in Part II or III of Schedule E
(Form 1040). For trade or business
activities that are significant
participation passive activities (defined
in item 4 under Tests for individuals,
later), see Pub. 925 for how to report
their income or losses.

Rental Activities

A rental activity is a passive activity
even if you materially participated in the
activity (unless it is a rental real estate
activity in which you materially
participated and you were a real estate
professional).
An activity is a rental activity if
tangible property (real or personal) is
used by customers or held for use by
customers and the gross income (or
expected gross income) from the
activity represents amounts paid (or to
be paid) mainly for the use of the
property. It doesn’t matter whether the
use is under a lease, a service contract,
or some other arrangement.
However, if you meet any of the five
exceptions below, the rental of the
property isn’t treated as a rental activity.
See Reporting Income and Losses
From the Activities, later, if you meet
any of the exceptions.

Exceptions

An activity is not a rental activity if:
1. The average period of customer
use is:
a. 7 days or less, or
b. 30 days or less and significant
personal services were provided in
making the rental property available for
customer use.
Figure the average period of
customer use for a class of property by
dividing the total number of days in all
rental periods by the number of rentals
during the tax year. If the activity
involves renting more than one class of
property, multiply the average period of
customer use of each class by the ratio
of the gross rental income from that
class to the activity's total gross rental
income. The activity's average period of
customer use equals the sum of these
class-by-class average periods
weighted by gross income. See
Regulations section 1.469-1(e)(3)(iii).
Significant personal services include
only services performed by individuals.
To determine if personal services are
Instructions for Form 8582 (2016)

significant, all relevant facts and
circumstances are taken into
consideration, including the frequency
of the services, the type and amount of
labor required to perform the services,
and the value of the services relative to
the amount charged for use of the
property.
2. Extraordinary personal services
were provided in making the rental
property available for customer use.
This applies only if the services are
performed by individuals and the
customers' use of the property is
incidental to their receipt of the services.
3. Rental of the property is
incidental to a nonrental activity.
The rental of property is incidental to
an activity of holding property for
investment if the main purpose of
holding the property is to realize a gain
from its appreciation and the gross
rental income is less than 2% of the
smaller of the unadjusted basis or the
fair market value (FMV) of the property.
Unadjusted basis is the cost of the
property without regard to depreciation
deductions or any other basis
adjustment described in section 1016.
The rental of property is incidental to
a trade or business activity if:
a. You own an interest in the trade
or business activity during the tax year,
b. The rental property was mainly
used in the trade or business activity
during the tax year or during at least 2 of
the 5 preceding tax years, and
c. The gross rental income from the
property is less than 2% of the smaller
of the unadjusted basis or the FMV of
the property.
Lodging provided for the employer's
convenience to an employee or the
employee's spouse or dependents is
incidental to the activity or activities in
which the employee performs services.
4. You customarily make the rental
property available during defined
business hours for nonexclusive use by
various customers.
5. You provide property for use in a
nonrental activity of a partnership,
S corporation, or a joint venture in your
capacity as an owner of an interest in
the partnership, S corporation, or joint
venture.
Example. If a partner contributes the
use of property to a partnership, none of
the partner's distributive share of
partnership income is income from a
rental activity unless the partnership is
engaged in a rental activity.
Instructions for Form 8582 (2016)

Also, a partner's gross income from a
guaranteed payment under section
707(c) isn’t income from a rental activity.
The determination of whether the
property used in the activity is provided
in the partner's capacity as an owner of
an interest in the partnership is made on
the basis of all the facts and
circumstances.

Only an individual, a qualifying
estate, or a qualified revocable trust that
made an election to treat the trust as
part of the decedent's estate may
actively participate in a rental real estate
activity. Unless future regulations
provide an exception, limited partners
aren’t treated as actively participating in
a partnership's rental real estate activity.

Reporting Income and Losses
From the Activities

A qualifying estate is the estate of a
decedent for tax years ending less than
2 years after the date of the decedent's
death if the decedent would have
satisfied the active participation
requirements for the rental real estate
activity for the tax year the decedent
died.

If an activity meets any of the five
exceptions listed above, it is not a rental
activity. You must then determine:
1. Whether your rental of the
property is a trade or business activity
(see Trade or Business Activities,
earlier), and, if so,
2. Whether you materially
participated in the activity for the tax
year (see Material Participation, later).
If the activity is a trade or business
activity in which you did not materially
participate, enter the income and losses
from the activity on Worksheet 3.
If the activity is a trade or business
activity in which you did materially
participate, report any income or loss
from the activity on the forms or
schedules normally used.
If the rental activity didn’t meet any of
the five exceptions, it is generally a
passive activity. However, special rules
apply if you conduct the rental activity
through a publicly traded partnership
(PTP) or if any of the rules described
under Recharacterization of Passive
Income, later, apply. Also, see the PTP
rules, later.
If none of the special rules apply,
enter the income and losses from the
passive rental activity on Worksheet 1,
2, or 3. See the instructions for
Worksheets 1, 2, and 3, for details.

Special Allowance for
Rental Real Estate
Activities
Active participation. If you actively
participated in a passive rental real
estate activity, you may be able to
deduct up to $25,000 of loss from the
activity from your nonpassive income.
This special allowance is an exception
to the general rule disallowing losses in
excess of income from passive
activities.
The special allowance isn’t available
if you were married, are filing a separate
return for the year, and lived with your
spouse at any time during the year.
­3­

A qualified revocable trust may elect
to be treated as part of a decedent's
estate for purposes of the special
allowance for active participation in
rental real estate activities. The election
must be made by both the executor (if
any) of the decedent's estate and the
trustee of the revocable trust. For
details, see Regulations section
1.645-1.
You aren’t considered to actively
participate in a rental real estate activity
if at any time during the tax year your
interest (including your spouse's
interest) in the activity was less than
10% (by value) of all interests in the
activity.
Active participation is a less stringent
requirement than material participation
(see Material Participation, later). You
may be treated as actively participating
if, for example, you participated in
making management decisions or
arranged for others to provide services
(such as repairs) in a significant and
bona fide sense. Management
decisions that may count as active
participation include:
Approving new tenants,
Deciding on rental terms,
Approving capital or repair
expenditures, and
Other similar decisions.
The maximum special allowance is:
$25,000 for single individuals and
married individuals filing a joint return for
the tax year.
$12,500 for married individuals who
file separate returns for the tax year and
lived apart from their spouses at all
times during the tax year.
$25,000 for a qualifying estate
reduced by the special allowance for
which the surviving spouse qualified.
Modified adjusted gross income lim­
itation. If your modified adjusted gross
income (see the instructions for line 7,

later) is $100,000 or less ($50,000 or
less if married filing separately), your
loss is deductible up to the amount of
the maximum special allowance
referred to in the preceding paragraph.
If your modified adjusted gross
income is more than $100,000 ($50,000
if married filing separately) but less than
$150,000 ($75,000 if married filing
separately), your special allowance is
limited to 50% of the difference between
$150,000 ($75,000 if married filing
separately) and your modified adjusted
gross income.
Generally, if your modified adjusted
gross income is $150,000 or more
($75,000 or more if married filing
separately), there is no special
allowance.
If you qualify under the active
participation rules, use Worksheet 1.
See the instructions for Worksheet 1,
later.
Commercial revitalization deduction
(CRD). The special $25,000 allowance
for the CRD from rental real estate
activities isn’t subject to the active
participation rules or modified adjusted
gross income limits just discussed. The
$25,000 allowance must first be applied
to losses from rental real estate
activities with active participation,
figured without regard to the CRD (see
Part II). Any remaining portion of the
$25,000 allowance is available for the
CRD from rental real estate activities
(see Part III). See the instructions for
Worksheet 2.
Generally, you can claim a current
year CRD for 2016, only if you, or a
pass-through entity in which you were a
partner or shareholder, had a CRD for a
building placed in service before 2010
and elected to ratably claim a deduction
for the CRD over a period of 120
months that included all or part of 2016.

!

CAUTION

You cannot claim a CRD for a
building placed in service after
December 31, 2009.

Material Participation

For the material participation tests listed
below, participation generally includes
any work done in connection with an
activity if you owned an interest in the
activity at the time you did the work. The
capacity in which you did the work
doesn’t matter. However, work isn’t
participation if:
It is not work that an owner would
customarily do in the same type of
activity, and
One of your main reasons for doing
the work was to avoid the disallowance

of losses or credits from the activity
under the passive activity rules.
Proof of participation. You may prove
your participation in an activity by any
reasonable means. You don’t have to
maintain contemporaneous daily time
reports, logs, or similar documents if
you can establish your participation by
other reasonable means. For this
purpose, reasonable means include, but
aren’t limited to, identifying services
performed over a period of time and the
approximate number of hours spent
performing the services during that
period, based on appointment books,
calendars, or narrative summaries.
Tests for individuals. You materially
participated for the tax year in an activity
if you satisfy at least one of the following
tests.
1. You participated in the activity for
more than 500 hours.
2. Your participation in the activity
for the tax year was substantially all of
the participation in the activity of all
individuals (including individuals who
didn’t own any interest in the activity) for
the year.
3. You participated in the activity for
more than 100 hours during the tax
year, and you participated at least as
much as any other individual (including
individuals who didn’t own any interest
in the activity) for the year.
4. The activity is a significant
participation activity for the tax year, and
you participated in all significant
participation activities during the year for
more than 500 hours.
A significant participation activity is
any trade or business activity in which
you participated for more than 100
hours during the year and in which you
did not materially participate under any
of the material participation tests (other
than this fourth test).
5. You materially participated in the
activity (other than by meeting this fifth
test) for any 5 (whether or not
consecutive) of the 10 immediately
preceding tax years.
6. The activity is a personal service
activity in which you materially
participated for any 3 (whether or not
consecutive) preceding tax years.
An activity is a personal service
activity if it involves the performance of
personal services in the fields of health,
law, engineering, architecture,
accounting, actuarial science,
performing arts, consulting, or in any
other trade or business in which capital

­4­

is not a material income-producing
factor.
7. Based on all the facts and
circumstances, you participated in the
activity on a regular, continuous, and
substantial basis during the tax year.
You didn’t materially participate in the
activity under this seventh test,
however, if you participated in the
activity for 100 hours or less during the
tax year.
Your participation in managing the
activity doesn’t count in determining
whether you materially participated
under this test if:
a. Any person (except you) received
compensation for performing services in
the management of the activity, or
b. Any individual spent more hours
during the tax year performing services
in the management of the activity than
you did (regardless of whether the
individual was compensated for the
management services).
Test for a spouse. Participation by
your spouse during the tax year in an
activity you own may be counted as
your participation in the activity even if
your spouse didn’t own an interest in the
activity and whether or not you and your
spouse file a joint return for the tax year.
Tests for investors. Work done as an
investor in an activity isn’t treated as
participation unless you were directly
involved in the day-to-day management
or operations of the activity. For
purposes of this test, work done as an
investor includes:
1. Studying and reviewing financial
statements or reports on operations of
the activity.
2. Preparing or compiling
summaries or analyses of the finances
or operations of the activity for your own
use.
3. Monitoring the finances or
operations of the activity in a
nonmanagerial capacity.
Special rules for limited partners. If
you were a limited partner in an activity,
you generally didn’t materially
participate in the activity. You did
materially participate in the activity,
however, if you met material
participation test 1, 5, or 6 under Tests
for individuals, earlier, for the tax year.
However, for purposes of the
material participation tests, you aren’t
treated as a limited partner if you also
were a general partner in the
partnership at all times during the
partnership's tax year ending with or
Instructions for Form 8582 (2016)

within your tax year (or, if shorter, during
the portion of the partnership's tax year
in which you directly or indirectly owned
your limited partner interest).
A limited partner's share of an
electing large partnership's taxable
income or loss from all trade or business
and rental activities is treated as income
or loss from the conduct of a single
passive trade or business activity.
Special rules for certain retired or
disabled farmers and surviving
spouses of farmers. Certain retired or
disabled farmers and surviving spouses
of farmers are treated as materially
participating in a farming activity if the
real property used in the activity would
meet the estate tax rules for special
valuation of farm property passed from
a qualifying decedent. See Temporary
Regulations section 1.469-5T(h)(2).
Estates and trusts. The PAL
limitations apply in figuring the
distributable net income and taxable
income of an estate or trust. The rules
for determining material participation for
this purpose haven’t yet been issued.

Grouping of Activities

Generally, one or more trade or
business activities or rental activities
may be treated as a single activity if the
activities make up an appropriate
economic unit for the measurement of
gain or loss under the passive activity
rules.
Whether activities make up an
appropriate economic unit depends on
all the relevant facts and circumstances.
The factors given the greatest weight in
determining whether activities make up
an appropriate economic unit are:
1. Similarities and differences in
types of trades or businesses,
2. The extent of common control,
3. The extent of common
ownership,
4. Geographical location, and
5. Interdependencies between or
among the activities.

Example. You have a significant
ownership interest in a bakery and a
movie theater in Baltimore and in a
bakery and a movie theater in
Philadelphia. Depending on all the
relevant facts and circumstances, there
may be more than one reasonable
method for grouping your activities. For
instance, the following groupings may or
may not be permissible:
A single activity,
A movie theater activity and a bakery
activity,
Instructions for Form 8582 (2016)

A Baltimore activity and a
Philadelphia activity, or
Four separate activities.
Once you choose a grouping under
these rules, you must continue using
that grouping in later tax years unless it
is determined that the original grouping
was clearly inappropriate or a material
change in the facts and circumstances
makes it clearly inappropriate.
The IRS may regroup your activities if
your grouping fails to reflect one or more
appropriate economic units and one of
the primary purposes of your grouping is
to avoid the passive activity limitations.
Limitation on grouping certain activi­
ties. The following activities may not be
grouped together.
1. A rental activity with a trade or
business activity unless the activities
being grouped together make up an
appropriate economic unit and:
a. The rental activity is insubstantial
relative to the trade or business activity
or vice versa, or
b. Each owner of the trade or
business activity has the same
proportionate ownership interest in the
rental activity. If so, the portion of the
rental activity involving the rental of
property used in the trade or business
activity may be grouped with the trade
or business activity.
2. An activity involving the rental of
real property with an activity involving
the rental of personal property (except
personal property provided in
connection with the real property or vice
versa).
3. Any activity with another activity
in a different type of business and in
which you hold an interest as a limited
partner or as a limited entrepreneur (as
defined in section 464(e)(2)) if that other
activity engages in holding, producing,
or distributing motion picture films or
videotapes; farming; leasing section
1245 property; or exploring for or
exploiting oil and gas resources or
geothermal deposits.
Activities conducted through part­
nerships, S corporations, and C cor­
porations subject to section 469.
Once a partnership or corporation
determines its activities under these
rules, a partner or shareholder may use
these rules to group those activities
with:
Each other,
Activities conducted directly by the
partner or shareholder, or
Activities conducted through other
partnerships and corporations.
­5­

A partner or shareholder may not
treat as separate activities those
activities grouped together by the
partnership or corporation.

Regrouping Due to Net
Investment Income Tax

You may be able to regroup your
activities, as described below, if you’re
subject to the Net Investment Income
Tax (NIIT) for the first time. For detailed
information, see Regulations section
1.469-11(b)(3)(iv).

Regrouping on an original return.
Under the NIIT fresh start election, you
may regroup for the first tax year you
are subject to the NIIT (without regard to
the effect of regrouping). You may
regroup only once under this election
and that regrouping will apply to the tax
year for which you regroup and all future
tax years. You are eligible to regroup if:
1. You were not previously subject
to the Net Investment Income Tax;
2. The amount you would have
entered on Form 8960, line 12, without
the regrouping, would have been
greater than zero; and
3. The amount you would have
entered on Form 8960, line 13, without
the regrouping, would have been
greater than the amount you would have
entered on Form 8960, line 14, without
the regrouping.
Regrouping on an amended return.
You may regroup your activities on an
amended tax return, but only if you were
not subject to the Net Investment
Income Tax on your original return (or
previously amended return). You are
eligible if:
1. You were not previously subject
to the Net Investment Income Tax for
the tax year for which you are filing an
amended return or any prior tax year;
2. The changes on the amended
return cause you to be subject to the
NIIT for the first time beginning in the
taxable year for which you are
amending the return;
3. The limitation period for
assessments under Code section 6501
hasn’t ended;
4. The changes on your amended
return cause the amount on Form 8960,
line 12, of your amended return to be
greater than zero; and
5. The changes on your amended
return cause the amount on Form 8960,
line 13, of your amended return to be
greater than the amount entered on
Form 8960, line 14.

This rule applies equally to changes
to modified adjusted gross income or
net investment income upon an IRS
examination.
Manner of regrouping. If you regroup
your activities under this rule, you must
attach to your original or amended
return, as applicable, a statement that
satisfies the requirements described in
Regrouping under Disclosure
Requirement, later.

Disclosure Requirement

For tax years beginning after January
24, 2010, the following disclosure
requirements for groupings apply. You
are required to report certain changes to
your groupings that occur during the tax
year to the IRS. If you fail to report these
changes, each trade or business activity
or rental activity will be treated as a
separate activity. You will be considered
to have made a timely disclosure if you
filed all affected income tax returns
consistent with the claimed grouping
and make the required disclosure on the
income tax return for the year in which
you first discovered the failure to
disclose. If the IRS discovered the
failure to disclose, you must have
reasonable cause for not making the
required disclosure. For more
information on disclosure requirements,
see Revenue Procedure 2010-13
available at www.irs.gov/irb/
2010-04_IRB/ar15.html.
New grouping. You must file a written
statement with your original income tax
return for the first tax year in which two
or more activities are originally grouped
into a single activity. The statement
must provide the names, addresses,
and employer identification numbers
(EINs), if applicable, for the activities
being grouped as a single activity. In
addition, the statement must contain a
declaration that the grouped activities
make up an appropriate economic unit
for the measurement of gain or loss
under the passive activity rules.
Addition to an existing grouping.
You must file a written statement with
your original income tax return for the
tax year in which you add a new activity
to an existing group. The statement
must provide the name, address, and
EIN, if applicable, for the activity that is
being added and for the activities in the
existing group. In addition, the
statement must contain a declaration
that the activities make up an
appropriate economic unit for the
measurement of gain or loss under the
passive activity rules.

Regrouping. You must file a written
statement with your original income tax
return for the tax year in which you
regroup the activities. The statement
must provide the names, addresses,
and EINs, if applicable, for the activities
that are being regrouped. If two or more
activities are being regrouped into a
single activity, the statement must
contain a declaration that the regrouped
activities make up an appropriate
economic unit for the measurement of
gain or loss under the passive activity
rules. In addition, the statement must
contain an explanation of the material
change in the facts and circumstances
that made the original grouping clearly
inappropriate.

Passive Activity Income
and Deductions

Take into account only passive activity
income and passive activity deductions
to figure your net income or net loss
from all passive activities or any passive
activity.
If your passive activity is reported on
Schedule C, C-EZ, E, or F, and the
activity has no prior year unallowed
losses or any gain or loss from the
disposition of assets or an interest in the
activity, take into account only the
passive activity income and passive
activity deductions from the activity to
figure the amount to enter on Form 8582
and the worksheets.
If you own an interest in a passive
activity through a partnership or an
S corporation, the partnership or
S corporation will generally provide you
with the net income or net loss from the
passive activity. If, however, the
partnership or S corporation must state
an item of gross income or deduction
separately to you, and the gross income
or deduction is passive activity gross
income or a passive activity deduction
(respectively), include that amount in
the net income or net loss entered on
Form 8582 and the worksheets.
The partnership or S
corporation does not have a
CAUTION record of your prior year
unallowed losses from the passive
activities of the partnership or S
corporation. If you had prior year
unallowed losses from these activities,
they can be found in column (c) of your
2015 Worksheet 5.

!

Passive Activity Income

To figure your overall gain or loss from
all passive activities or any passive
activity, take into account only passive
­6­

activity income. Don’t enter income that
is not passive activity income on Form
8582 or the worksheets.
Passive activity income includes all
income from passive activities (with
certain exceptions described in
Temporary Regulations section
1.469-2T(c)(2) and Regulations section
1.469-2(c)(2)), including gain from the
disposition of an interest in a passive
activity and from the disposition of
property used in a passive activity at the
time of the disposition.
Passive activity income doesn’t
include the following.
Income from an activity that isn’t a
passive activity.
Portfolio income, including interest
(other than self-charged interest treated
as passive activity income, discussed
later), dividends, annuities, and royalties
not derived in the ordinary course of a
trade or business, and gain or loss from
the disposition of property that produces
portfolio income or is held for
investment (see section 163(d)(5)). See
Temporary Regulations section
1.469-2T(c)(3).
Alaska Permanent Fund dividends.
Personal service income, including
salaries, wages, commissions,
self-employment income from trade or
business activities in which you
materially participated for the tax year,
deferred compensation, taxable social
security and other retirement benefits,
and payments from partnerships to
partners for personal services. See
Temporary Regulations section
1.469-2T(c)(4).
Income from positive section 481
adjustments allocated to activities other
than passive activities. See Temporary
Regulations section 1.469-2T(c)(5).
Income or gain from investments of
working capital.
Income from an oil or gas property if
you treated any loss from a working
interest in the property for any tax year
beginning after 1986 as a nonpassive
loss under the rule excluding working
interests in oil and gas wells from
passive activities (see item 3 under
Activities That Are Not Passive
Activities, earlier). See Regulations
section 1.469-2(c)(6).
Any income from intangible property
if your personal efforts significantly
contributed to the creation of the
property.
Any income treated as not from a
passive activity under Temporary
Regulations section 1.469-2T(f) and
Regulations section 1.469-2(f). See
Recharacterization of Passive Income,
later.
Instructions for Form 8582 (2016)

Overall gain from any interest in a
PTP (see item 2 under Passive activity
loss rules for partners in PTPs, later).
State, local, and foreign income tax
refunds.
Income from a covenant not to
compete.
Any reimbursement of a casualty or
theft loss included in income as
recovery of all or part of a prior year loss
deduction if the deduction for the loss
was not treated as a passive activity
deduction.
Cancellation of debt income to the
extent that at the time the debt was
discharged, the debt wasn’t properly
allocable under Temporary Regulations
section 1.163-8T to passive activities.

Recharacterization of Passive
Income

Certain income from passive activities
must be recharacterized and excluded
from passive activity income. The
amount of income recharacterized
equals the net income from the sources
given below. If during the tax year you
received net income from any of these
sources (either directly or through a
partnership or an S corporation), see
Pub. 925 to find out how to report net
income or loss from these sources. For
more information, see Temporary
Regulations section 1.469-2T(f) and
Regulations section 1.469-2(f).

Income from the following sources
may be subject to the net income
recharacterization rules.
Significant participation passive
activities defined in item 4 under Tests
for individuals, earlier.
Rental of property if less than 30% of
the unadjusted basis of the property is
subject to depreciation.
Passive equity-financed lending
activities.
Rental of property incidental to a
development activity.
Rental of property to a nonpassive
activity.
Acquisition of an interest in a
pass-through entity that licenses
intangible property.

Passive Activity Deductions

To figure your overall gain or overall loss
from all passive activities or any passive
activity, take into account only passive
activity deductions.
Passive activity deductions include
all deductions from activities that are
passive activities for the current tax year
and all deductions from passive
activities that were disallowed under the
PAL rules in prior tax years and carried

Instructions for Form 8582 (2016)

forward to the current tax year. See
Regulations section 1.469-1(f)(4).
Passive activity deductions include
any loss from a disposition of property
used in a passive activity at the time of
the disposition and any loss from a
disposition of less than your entire
interest in a passive activity. See
Dispositions, later, for the treatment of
losses upon disposition of your entire
interest in an activity.
Passive activity deductions don’t
include the following.
Deductions for expenses (other than
interest expense) that are clearly and
directly allocable to portfolio income.
Qualified home mortgage interest,
capitalized interest expenses, and other
interest expenses (except self-charged
interest treated as a passive activity
deduction (discussed next) and interest
expenses properly allocable to passive
activities).
Losses from dispositions of property
that produce portfolio income or
property held for investment.
State, local, and foreign income
taxes.
Miscellaneous itemized deductions
that may be disallowed under
section 67.
Charitable contribution deductions.
Net operating loss deductions,
percentage depletion carryovers under
section 613A(d), and capital loss
carryovers.
Deductions and losses that would
have been allowed for tax years
beginning before 1987, but for basis or
at-risk limitations.
Net negative section 481 adjustments
allocated to activities other than passive
activities. See Temporary Regulations
section 1.469-2T(d)(7).
Deductions for losses from fire,
storm, shipwreck, or other casualty or
from theft if losses similar in cause and
severity do not recur regularly in the
activity.
The deduction allowed for the
deductible part of self-employment
taxes.

Self­Charged Interest

Certain self-charged interest income or
deductions may be treated as passive
activity gross income or passive activity
deductions if the loan proceeds are
used in a passive activity. Generally,
self-charged interest income and
deductions result from loans between
you and a partnership or S corporation
in which you had a direct or indirect
ownership interest. This includes both
loans you made to the partnership or
­7­

S corporation and loans the partnership
or S corporation made to you. It also
includes loans from one partnership or
S corporation to another partnership or
S corporation if each owner in the
borrowing entity has the same
proportional ownership interest in the
lending entity.
The self-charged interest rules don’t
apply to your interest in a partnership or
S corporation if the entity made an
election under Regulations section
1.469-7(g) to avoid the application of
these rules. For more details on the
self-charged interest rules, see
Regulations section 1.469-7.

Former Passive Activities

A former passive activity is any activity
that was a passive activity in a prior tax
year but isn’t a passive activity in the
current tax year. A prior year unallowed
loss from a former passive activity is
allowed to the extent of current year
income from the activity.
If current year net income from the
activity is less than or equal to the prior
year unallowed loss, enter the prior year
unallowed loss and any current year net
income from the activity on Form 8582
and the applicable worksheets.
If current year net income from the
activity is more than the prior year
unallowed loss from the activity, enter
the prior year unallowed loss and the
current year net income up to the
amount of prior year unallowed loss on
Form 8582 and the applicable
worksheets.
If the activity has a net loss for the
current year, enter the prior year
unallowed loss (but not the current year
loss) on Form 8582 and the applicable
worksheets.
To report a disposition of a former
passive activity, follow the rules under
Dispositions, next.

Dispositions
Disposition of an Entire Interest

If you disposed of your entire interest in
a passive activity or a former passive
activity to an unrelated person in a fully
taxable transaction during the tax year,
your losses allocable to the activity for
the year are not limited by the PAL
rules.
A fully taxable transaction is a
disposition in which you recognize all
realized gain or loss.

If you are using the installment
method to report this kind of disposition,

figure the loss for the current year that
isn’t limited by the PAL rules by
multiplying your overall loss (which does
not include losses allowed in prior
years) by the following fraction:
Gain recognized in the current year
Unrecognized gain as of the
beginning of the current year

A partner in a PTP is not treated as
having disposed of an entire interest in
an activity of a PTP until there is an
entire disposition of the partner's
interest in the PTP.

Reporting an Entire Disposition
on Form 4797 or Form 8949
If you completely dispose of your entire
interest in a passive activity or a former
passive activity, you may have to report
net income or loss and prior year
unallowed losses from the activity. All
the net income and losses are reported
on the forms and schedules normally
used.
Combine all income and losses
(including any prior year unallowed
losses) from the activity for the tax year
to see if you have an overall gain or
loss.
If you have an overall gain, report the
income, losses, and prior year
unallowed losses on Worksheet 1, 2, or
3.
If you have an overall gain and this is
a former passive activity, report all
income and losses (including any prior
year unallowed losses) on the forms
and schedules normally used and do
not use Form 8582.
If you have an overall loss when you
combine the income and losses, don’t
use the worksheets or Form 8582 for
the activity. All losses (including prior
year unallowed losses) are allowed in
full. Report the income and losses on
the forms and schedules normally used.
An overall loss from an entire
disposition of a passive activity is a
nonpassive loss if you have an
aggregate loss from all other passive
activities. When figuring your modified
adjusted gross income for line 7 of Form
8582, be sure to take into account the
overall loss from the disposition of the
activity.
Example 1. Activity with overall
gain. You sell your entire interest in a
rental real estate activity in which you
actively participated for a gain of

$15,525. $7,300 of the gain is section
1231 gain reported on Form 4797,
Part I, and $8,225 is ordinary recapture
income reported on Form 4797, Part II.
On line 22 of Schedule E (Form 1040),
you report a total loss of $15,450, which
includes a current year $2,800 net loss
and a $12,650 prior year unallowed
loss. You have an overall gain from the
disposition ($15,525 – $15,450 = $75).
Because you had an overall gain, you
make the following entries on
Worksheet 1. You enter the $15,525
gain on the disposition in column (a),
the current year loss of $2,800 in
column (b), and the prior year unallowed
loss of $12,650 in column (c).
Example 2. Activity with overall
loss. You sell your entire interest in an
oil and gas limited partnership that was
your only passive activity for a gain of
$2,000. You have a current year
Schedule E loss of $3,330 and a
Schedule E prior year unallowed loss of
$1,115.
Because you have an overall loss of
$2,445 after combining the gain and
losses, none of the amounts are entered
on Worksheet 3 or on Form 8582.
You enter the net loss plus the prior
year unallowed loss ($3,330 + $1,115 =
$4,445) on Schedule E, Part II, column
(h), and the $2,000 gain on the sale on
Form 8949, in either Part I or Part II,
depending on how long you held the
partnership interest.

Disposition of Less Than an
Entire Interest

Gains and losses from the disposition of
less than an entire interest in an activity
are treated as part of the net income or
net loss from the activity for the current
year.

A disposition of less than
substantially all of an entire
CAUTION interest doesn’t trigger the
allowance of prior year unallowed
losses.

!

Disposition of Substantially All
of an Activity

You may treat the disposition of
substantially all of an activity as a
separate activity if you can prove with
reasonable certainty:
1. The prior year unallowed losses,
if any, allocable to the part of the activity
disposed of, and
2. The net income or loss for the
year of disposition allocable to the part
of the activity disposed of.

­8­

Specific Instructions
Part I—2016 Passive
Activity Loss

Use Part I to combine the net income
and net loss from all passive activities to
determine if you have a passive activity
loss (PAL) for 2016. Use Worksheets 1,
2, and 3 to determine the entries for
lines 1–3 of Part I, as follows.
Worksheet 1 is used for rental real
estate activities with active participation.
Worksheet 2 is used for commercial
revitalization deductions (CRDs) from
rental real estate activities (with or
without active participation).
Worksheet 3 is used for all other
passive activities.
If you need additional lines for

TIP any of the worksheets, you can

either attach copies of page 2 or
3, whichever is applicable, or your own
schedule that is in the same format as
the worksheet.

Worksheet 1

Individuals and qualifying estates who
actively participated in rental real estate
activities must include the income or
loss from those activities in Worksheet 1
to figure the amounts to enter on lines
1a through 1c of Form 8582. Don’t
include any commercial revitalization
deductions (CRDs) from these activities
in the net income or loss reported in
Worksheet 1.
Don’t enter a prior year unallowed
loss in column (c) of Worksheet 1
unless you actively participated in the
activity in both the year the loss arose
and the current tax year. If you didn’t
actively participate in both years, enter
the prior year unallowed loss in column
(c) of Worksheet 3.
Married individuals who file
separate returns and lived with
CAUTION their spouses at any time during
the tax year don’t qualify under the
active participation rule and must use
Worksheet 3 instead of Worksheet 1.

!

Column (a). Enter the current year net
income from each activity. Enter the
total of column (a) on line 1a of Form
8582.
Example. A Schedule E rental
activity has current year profit of $5,000
and a Form 4797 gain of $2,000. You
enter $7,000 in column (a).
Column (b). Enter the current year net
loss for each activity. Don’t enter any
prior year unallowed losses in this
Instructions for Form 8582 (2016)

column. Enter the total of column (b) on
line 1b of Form 8582.
If an activity has net income on one
form or schedule and a net loss on
another form or schedule, report the net
amounts separately in columns (a) and
(b) of Worksheet 1.
Example. A Schedule E rental
activity has current year income of
$1,000 on line 21 of Schedule E and a
current year Form 4797 loss of $4,500.
You enter $1,000 in column (a) and
($4,500) in column (b).
Column (c). Enter the prior year
unallowed losses for each activity. You
find these amounts on Worksheet 5,
column (c), of your 2015 Form 8582.
Enter the total of column (c) from your
2016 Worksheet 1 on line 1c of Form
8582.
Columns (d) and (e). Combine
income and losses in columns (a)
through (c) for each activity, and either
enter the overall gain for the activity in
column (d) or enter the overall loss for
the activity in column (e). Don’t enter
amounts from columns (d) and (e) on
Form 8582. These amounts will be used
when Form 8582 is completed to figure
the loss allowed for the current year.

Worksheet 2

Use Worksheet 2 to figure the amount to
enter on lines 2a and 2b for the
commercial revitalization deduction
(CRD) from rental real estate activities
(see Commercial revitalization
deduction (CRD) under Special
Allowance for Rental Real Estate
Activities, earlier).

!

CAUTION

You cannot claim a CRD for a
building placed in service after
December 31, 2009.

Don’t include the following amounts
on Worksheet 2.
Income or other deductions from the
same activity. Instead, report any net
income or net loss from the activity,
except for the CRD, in Worksheet 1 if
you actively participated in the activity or
in Worksheet 3 if you did not actively
participate.
Any CRD from passive activities other
than rental real estate activities. Instead,
report these deductions as part of the
net income or loss from the passive
activity in Worksheet 3.
Column (a). Enter the current year
CRD from each rental real estate
activity. You can generally claim a
current year CRD for 2016, only if you,
or a pass-through entity in which you
were a partner or shareholder, had a
Instructions for Form 8582 (2016)

CRD for a building placed in service
before 2010 and elected to ratably claim
a deduction for the CRD over a period of
120 months that included all or part of
2016. Enter the total of column (a) on
line 2a of Form 8582.
Column (b). Enter the prior year
unallowed CRD for each rental real
estate activity. Enter the total of column
(b) on line 2b of Form 8582.
Column (c). Combine the amounts in
columns (a) and (b) for each activity and
enter the overall loss for the activity in
column (c). These amounts will be used
when Form 8582 is completed to figure
the loss allowed for the current year.

Worksheet 3

Use Worksheet 3 to figure the amounts
to enter on lines 3a through 3c for:
Passive trade or business activities,
Passive rental real estate activities
that do not qualify for the special
allowance (but do not include CRDs
reported in Worksheet 2), and
Rental activities other than rental real
estate activities.

Column (a). Enter the current year net
income for each activity. Enter the total
of column (a) on line 3a of Form 8582.
(See the example under Column (a) for
Worksheet 1, earlier.)
Column (b). Enter the current year net
loss for each activity. Enter the total of
column (b) on line 3b of Form 8582.
(See the example under Column (b) for
Worksheet 1, earlier.)
Column (c). Enter the unallowed
losses for the prior years for each
activity. You find these amounts on
Worksheet 5, column (c), of your 2015
Form 8582. Enter the total of column (c)
from your 2016 Worksheet 3 on
line 3c of Form 8582.
Columns (d) and (e). Combine
income and losses in columns (a)
through (c) for each activity, and either
enter the overall gain for the activity in
column (d) or enter the overall loss for
the activity in column (e). Don’t enter
amounts from columns (d) and (e) on
Form 8582. These amounts will be used
when Form 8582 is completed to figure
the loss allowed for the current year.

Part II—Special Allowance
for Rental Real Estate
Activities With Active
Participation

Use Part II to figure the maximum
amount of rental loss allowed if you
have an overall loss on line 1d from your
­9­

rental real estate activities you actively
participated in during 2016.
If you are claiming both the
premium tax credit (PTC) and
CAUTION self-employed health insurance
deduction (SEHID) and lines 1d and 4 of
Form 8582 are both losses, see
Self-Employed Health Insurance
Deduction and PTC in Pub. 974. You
will have to complete worksheets in
Pub. 974 before you complete Part II of
Form 8582.

!

Enter all numbers in Part II as
positive amounts (that is, greater than
zero).
Example. Line 5 has a loss of
$42,000 (reported as a positive amount)
and line 9 is $25,000. You enter
$25,000 on line 10 (the smaller of line 5
or line 9, both treated as positive
amounts).
Married persons filing separate
returns who lived with their
CAUTION spouses at any time during the
year aren’t eligible for the special
allowance. They must enter -0- on
line 10 and go to line 15.

!

Line 5. Enter on line 5 the smaller of
the loss on line 1d or the loss on line 4.
Example. Line 1d has a loss of
$3,000, line 2c is zero, and line 3d has a
gain of $100. The combined loss on
line 4 is $2,900. You enter $2,900 as a
positive number on line 5 (the smaller of
the loss on line 1d or the loss on
line 4).
Line 6. Married persons filing separate
returns who lived apart from their
spouses at all times during the year
must enter $75,000 on line 6 instead of
$150,000.
Line 7. To figure modified adjusted
gross income, combine all the amounts
used to figure adjusted gross income
except don’t take into account:
Passive income or loss included on
Form 8582,
Any rental real estate loss allowed to
real estate professionals (defined under
Activities That Are Not Passive
Activities, earlier),
Any overall loss from a PTP,
The taxable amount of social security
and tier 1 railroad retirement benefits,
Deductible contributions to traditional
individual retirement accounts (IRAs)
and section 501(c)(18) pension plans,
The domestic production activities
deduction,
The deduction allowed for the
deductible part of self-employment
taxes,

The exclusion from income of interest
from series EE and I U.S. savings bonds
used to pay higher education expenses,
The exclusion of amounts received
under an employer's adoption
assistance program,
The student loan interest deduction,
or
The tuition and fees deduction.
Include in modified adjusted gross
income any portfolio income and
expenses that are clearly and directly
allocable to portfolio income. Also
include any income that is treated as
nonpassive income, such as overall
gain from a PTP and net income from an
activity or item of property subject to the
recharacterization of passive income
rules.
When figuring modified adjusted
gross income, include any overall loss
from the entire disposition of a passive
activity (considered a nonpassive loss).
Example. Your adjusted gross
income on line 37 of Form 1040 is
$92,000, and you have taxable social
security benefits of $5,500 on line 20b.
Your modified adjusted gross income is
$86,500 ($92,000 – $5,500).
Line 9. Don’t enter more than $12,500
on line 9 if you are married filing a
separate return and you and your
spouse lived apart at all times during the
year.

Part IV—Total Losses
Allowed

Use Part IV to figure the amount of the
losses from all passive activities (as
determined in Part I) allowed for 2016.
Line 16. Use the worksheets on Form
8582 and the following instructions for
those worksheets to figure the
unallowed loss to be carried forward
and the allowed loss to report on your
forms and schedules for 2016.

Worksheets 1, 2, and 3

Worksheets 1 and 3, columns (d) and
(e), show whether an activity had an
overall gain or loss. Worksheet 2,
column (c), shows the CRDs from rental
real estate activities. If you have
activities that show overall gain in
column (d) of Worksheet 1 or 3, report
all the income and losses listed in
columns (a), (b), and (c) for those
activities on the proper forms and
schedules, including Form 8582.
If you have activities that show an
overall loss in column (e) of Worksheet
1 or 3 or column (c) of Worksheet 2, you
must allocate your allowed loss on
line 16 of Form 8582 to those activities
by completing Worksheets 4, 5, and 6 or
7.
Complete Worksheet 4 only if you
entered an amount (other than zero) on
line 10 or 14 of Form 8582. Otherwise,
skip Worksheet 4 and complete
Worksheet 5 for all activities in
Worksheet 1 or 3 that have overall
losses in column (e) and all activities in
Worksheet 2.

Part III—Special Allowance
for Commercial
Revitalization Deductions
From Rental Real Estate
Activities
Worksheet 4
Use Part III to figure the maximum
commercial revitalization deduction
(CRD) allowed from a rental real estate
activity.

Use Worksheet 4 to allocate the special
allowance on line 10 or line 14 of Form
8582 among your rental real estate
activities.

Enter all numbers in Part III as
positive amounts (that is, greater than
zero.)

In the first column of Worksheet 4,
enter the name of each activity. In the
second column, enter the form or
schedule and line number on which the
loss will be reported.

Married persons filing separate
returns who lived with their
CAUTION spouses at any time during the
year aren’t eligible for the special
allowance. They must enter -0- on
line 14 and go to line 15.

!

Line 11. Enter $12,500 (reduced by the
amount, if any, on line 10) on line 11 if
you are married filing a separate return
and you and your spouse lived apart at
all times during the year.

Example. You receive a
Schedule K-1 from partnership P that
reports losses from two rental real
estate activities, Activity X and Activity
Y. The losses from partnership P are
reported on line 28A of Schedule E. In
the first two columns of Worksheet 4,
enter:

Name of Activity

Form or Schedule

Activity X

Sch E, line 28A

Activity Y

Sch E, line 28A

If the loss from an activity is reported in
more than one place, identify both
locations in the second column (for
example, Sch E, line 28A/Form 4797,
line 2). If you need additional space,
show this information on an attached
statement.
Enter all activities with overall losses
from Worksheets 1 and 2 as follows.
If you entered an amount on line 10,
list on Worksheet 4 all activities with an
overall loss in column (e) of
Worksheet 1.
If you entered an amount on line 14,
list on Worksheet 4 all activities with an
overall loss in column (c) of
Worksheet 2.
If you entered amounts on both lines
10 and 14 of Form 8582, you must
complete two separate Worksheets 4.
For the second worksheet, you either
may attach an extra copy of page 2 of
Form 8582 or your own schedule in the
same format as Worksheet 4. On the
first Worksheet 4, list all activities with
an overall loss in column (e) of
Worksheet 1. On the second Worksheet
4, list all activities with an overall loss in
column (c) of Worksheet 2.
Column (a). Enter the overall loss from
column (e) of Worksheet 1 or column (c)
of Worksheet 2 for each activity.
Column (b). Divide each of the
individual losses shown in column (a) by
the total of all the losses in column (a)
and enter this ratio for each activity in
column (b). The total of all the ratios in
column (b) must equal 1.00.
Column (c). Multiply each ratio in
column (b) by the amount on line 10 or
line 14 of Form 8582, and enter the
results in column (c). The total of
column (c) must be the same as line 10
or line 14 of Form 8582.
Column (c) total is the same as
column (a) total. If the total losses in
column (c) are the same as those in
column (a), the losses in Worksheets 1
and 2 are allowed in full and aren’t
carried over to Worksheet 5. Report all
amounts in columns (a), (b), and (c) of
Worksheet 1 and columns (a) and (b) of
Worksheet 2 on the proper forms and
schedules.
Column (c) total is less than
column (a) total. If the total losses in

­10­

Instructions for Form 8582 (2016)

column (c) are less than the total losses
in column (a), complete column (d).
Column (d). Subtract column (c) from
column (a) and enter the results in
column (d). Also enter the amounts from
column (d) of Worksheet 4 in column (a)
of Worksheet 5.

Worksheet 5

Complete Worksheet 5 if any activities
have an overall loss in column (e) of
Worksheet 3 or losses in column (d) of
Worksheet 4 (in column (e) of
Worksheet 1 or column (c) of
Worksheet 2 if you did not have to
complete Worksheet 4).
On Worksheet 5, enter the name of
each activity and the form or schedule
and line number on which the loss will
be reported. See the example for
Worksheet 4. Identify any deduction
from Worksheet 2 on a separate line
(even if the amount is from an activity
also shown on Worksheet 1 or 3) and
add “CRD” after the name of the activity.

Column (a). Enter the amounts, if any,
from column (d) of Worksheet 4 (from
column (e) of Worksheet 1 or column (c)
of Worksheet 2 if you did not have to
complete Worksheet 4). Also enter the
losses, if any, from column (e) of
Worksheet 3.
Column (b). Divide each of the
individual losses shown in column (a) by
the total of all the losses in column (a)
and enter this ratio for each activity in
column (b). The total of all the ratios
must equal 1.00.
Column (c). Complete the following
computation.
A. Enter as a positive amount
line 4 of Form 8582 . . .
B. Add lines 10 and 14 of
Form 8582 . . . . . . . . .
C. Subtract line B from line
A . . . . . . . . . . . . . . .

Multiply each ratio in column (b) by
the amount on line C above, and enter
the result in column (c).

Worksheets 6 and 7

These worksheets figure your
unallowed and allowed losses for each
activity.
If you have losses from any activity
that are reported on two or more
different forms or schedules, use
Worksheet 7 instead of Worksheet 6 for
that activity.
Instructions for Form 8582 (2016)

Also use Worksheet 7 instead of
Worksheet 6 for any activity with two or
more transactions that are reported on
the same form or schedule but must be
separately identified for tax purposes.
Transactions that must be separately
identified include capital losses that are
28% rate losses and those that aren’t.
Note. 28% rate gain or loss includes all
collectibles gains and deductible
long-term losses and section 1202 gain
on the sale of qualified small business
stock. See Instructions for Schedule D
for details.

Worksheet 6
Use Worksheet 6 for any activity listed
in Worksheet 5 if all the loss from that
activity is reported on one form or
schedule and no transactions need to
be identified separately (as discussed in
Worksheet 7, later). Also, see
Identification of Disallowed Passive
Activity Deductions in Pub. 925 for more
information.
Example. You will report all the
allowed loss from an activity listed in
Worksheet 5 on Schedule E. Use
Worksheet 6 to determine the allowed
loss, even if part of the loss is a current
year Schedule E loss and part of it is a
prior year unallowed Schedule E loss.
On Worksheet 6, enter the name of
each activity and the form or schedule
and line number on which the loss is
reported. See the example for
Worksheet 4. Identify each CRD from
Worksheet 5 on a separate line and add
“CRD” after the name of the activity.
Column (a). For each activity entered
in Worksheet 6, enter the net loss plus
the prior year unallowed loss for the
activity. Figure this amount by adding
the losses in columns (b) and (c) of
Worksheets 1 and 3 or enter the loss
from column (c) of Worksheet 2.
Column (b). For each activity entered
in Worksheet 6, enter the amount from
column (c) of Worksheet 5 for the
activity. These are your unallowed
losses for 2016. Keep a record of these
amounts so the losses can be used to
figure your PAL next year.
Column (c). Subtract column (b) from
column (a). These amounts are the
losses allowed for 2016 under the
passive loss rules. Report the amounts
in this column on the forms and
schedules normally used, subject to any
further limitations described in
Coordination With Other Limitations,
earlier.
­11­

See the forms and schedules listed
under How To Report Allowed Losses,
later.

Worksheet 7
Use Worksheet 7 for any activity listed
in Worksheet 5 that has losses that are
reported on two or more different forms
and schedules or are identified
separately on the same form or
schedule (for example, 28% rate and
non-28%-rate capital losses reported on
Form 8949). Worksheet 7 allocates the
allowed and unallowed loss for the
activity and allocates the allowed loss to
the different forms or schedules (or
where identified separately on the same
form or schedule) used to report the
losses.
Only losses that would cause a
difference in tax liability if they were
reported on a different form or schedule
or are identified separately on the same
form or schedule are kept separate.
Those forms, schedules, and parts are:
Schedules C, E, and F.
Form 8949 (Parts I and II (28% rate
losses and non-28%-rate losses)).
Note. You must generally make a
separate entry in Form 8949, Part I or
Part II, for each transaction reported.
See the Instructions for Form 8949.
Forms 4684 (Section B), 4797
(Parts I and II), and 4835.
Use a separate copy of Worksheet 7
for each activity for which you have
losses reported on two or more different
forms or schedules or which are
identified separately on the same form
or schedule.
On Worksheet 7, enter the form or
schedule and line number on the dotted
line above each line 1a (for example,
Schedule D, line 12, to report a 28%
rate loss from a partnership).
Line 1a, column (a). Enter the net loss
plus any prior year unallowed loss from
the activity that is reported on the same
form or, in the case of Form 4797 and
Form 8949, the same part.
If you have a Form 8949 28% rate
loss and a Form 8949 non-28%-rate
loss, see Example of Form 8949
transactions, later, before completing
Worksheet 7.
Line 1b, column (a). Enter any net
income from the activity that is reported
on the same form or schedule (or on the
same part of the same form or
schedule) as the loss on line 1a, column
(a).

Example. You enter a prior year
unallowed loss from Form 4797, Part I,
on line 1a. If the activity has a current
year Form 4797, Part I, gain, enter the
gain on line 1b, column (a). If the activity
does not have a Form 4797, Part I, gain,
enter -0- on line 1b, column (a).
Column (b). Subtract line 1b, column
(a), from line 1a, column (a), and enter
the result in column (b). If line 1b,
column (a), is more than line 1a, column
(a), enter -0- in column (b).
Column (c). Divide each of the losses
entered in column (b) by the total of
column (b) and enter the ratio in column
(c). The total of this column must be
1.00.
Column (d). Multiply the unallowed
loss for this activity, found in Worksheet
5, column (c), by each ratio in column
(c) of Worksheet 7. If -0- is entered in
column (b) of Worksheet 7, also enter
-0- for that form or schedule in column
(d).
The amount in column (d) is the
unallowed loss for 2016. Keep a record
of this worksheet so you can use the
losses to figure your PAL next year.
Column (e). Subtract the amount in
column (d) from the loss entered on
line 1a, column (a). This amount is the
loss allowed for 2016 under the passive
loss rules. Report the amounts in this
column on the forms or schedules
normally used, subject to any further
limitations described in Coordination
With Other Limitations, earlier. The
forms and schedules you use must
show the losses from this column and
the income, if any, for that activity from
column (a) of Worksheet 1 or
Worksheet 3.
Example of Form 8949
transactions. The taxpayer had the
following Form 8949 transactions from
passive activities in 2016.
Activity I
A passive activity prior year
unallowed long-term capital loss (a 28%
rate loss) of $1,000 and a current year
long-term capital loss (a non-28%-rate
loss) of $3,000.
Activity II
A current year collectibles loss (a
28% rate loss) of $230 and net income
of $1,100 from Schedule E (Form 1040).
Worksheet 3
Activity I has an overall loss of
$4,000 (current year long-term capital
loss of $3,000 and a prior year
unallowed long-term capital loss of
$1,000). Activity II has an overall gain of

$870 (current year net income of $1,100
less a current year long-term capital
loss of $230). Line 16 of Form 8582
shows an allowed loss of $1,100.
Since Activity II has an overall gain,
the amounts shown in columns (a) and
(b) of Worksheet 3 for that activity are
reported on the proper forms and
schedules and aren’t shown on any
other worksheet.
Worksheet 5
Activity I has an unallowed loss of
$3,130 (line 4 of Form 8582 ($3,130)
less the sum of lines 10 and 14 of Form
8582 (-0-) x 100%).
Worksheet 7
This worksheet is used to figure the
portion of the unallowed loss
attributable to the 28% rate loss and the
portion attributable to the non-28%-rate
loss.
The loss attributable to the 28% rate
loss ($1,000) and the loss attributable to
the non-28%-rate loss ($3,000) are
separate entries in Worksheet 7. The
ratio of each loss to the total of the two
losses is figured as follows.
$1,000/$4,000 = 0.25 and
$3,000/$4,000 = 0.75. Each of these
ratios is multiplied by the unallowed loss
for Activity I, shown in column (c) of
Worksheet 5 ($3,130).
Unallowed losses for Activity I:
28% rate loss: 0.25 x $3,130 =
$782.50.
Non-28%-rate loss: 0.75 x $3,130 =
$2,347.50.
Allowed losses for Activity I:
28% rate loss: $1,000 − $782.50 =
$217.50.
Non-28%-rate loss: $3,000 −
$2,347.50 = $652.50.
The total loss allowed for Activity I
($870) is entered in Part II of Form
8949. The allowed 28% rate loss
($217.50) is entered on the 28% Rate
Gain Worksheet (see the instructions for
Schedule D, line 18). Keep a record of
the unallowed 28% rate and
non-28%-rate losses to figure the PAL
for next year.
See the forms and schedules listed
under How To Report Allowed Losses,
next.

How To Report
Allowed Losses
Line 4 is income. If line 4 of Form
8582 shows net income or zero, all the
losses in columns (b) and (c) of
Worksheets 1 and 3 and all the
deductions in columns (a) and (b) of
Worksheet 2 are allowed in full under
­12­

the passive loss rules. Report the
income and losses in columns (a), (b),
and (c) of Worksheets 1 and 3 and
deductions in columns (a) and (b) of
Worksheet 2 on the forms and
schedules normally used.
Line 16 is the same as the total of
lines 1b, 1c, 2a, 2b, 3b, and 3c. In
this case, all the losses in columns (b)
and (c) of Worksheets 1 and 3 and all
the deductions in columns (a) and (b) of
Worksheet 2 are allowed in full under
the passive loss rules. Report the
income and losses in columns (a), (b),
and (c) of Worksheets 1 and 3 and
deductions in columns (a) and (b) of
Worksheet 2 on the forms and
schedules normally used.
Columns (a) and (c) of Worksheet 4
are the same amount. In this case, all
the losses in columns (b) and (c) of
Worksheet 1 and all the deductions in
columns (a) and (b) of Worksheet 2 are
allowed in full under the passive loss
rules. Report the income and losses in
columns (a), (b), and (c) of Worksheet 1
and the deductions in columns (a) and
(b) of Worksheet 2 on the forms and
schedules normally used.
Losses allowed in column (c) of
Worksheet 6. The amounts in column
(c) of Worksheet 6 are the losses or
deductions allowed for 2016 for the
activities listed in that worksheet. Report
the loss allowed from column (c) of
Worksheet 6 and the income, if any, for
that activity from column (a) of
Worksheet 1 or 3, on the form or
schedule normally used.
Losses allowed in column (e) of
Worksheet 7. The amounts in column
(e) of Worksheet 7 are the losses or
deductions allowed for 2016 for the
activity listed on that worksheet. Report
the losses allowed from column (e) of
Worksheet 7 and the income, if any, for
that activity from column (a) of
Worksheet 1 or 3, on the forms or
schedules normally used.
Schedules C and F, and Form 4835.
Enter on the net profit or loss line of your
Schedule C or E, or line 34c of Form
4835, the allowed passive loss from the
worksheet. To the left of the entry
space, enter “PAL.”
If the net profit or loss line on your
form or schedule shows net profit for the
year, reduce the net profit by the
allowed loss from Worksheet 6 or 7, and
enter the result on the net profit or loss
line.
Example. Schedule C shows net
profit for the year of $5,000 from a
Instructions for Form 8582 (2016)

passive activity. The activity also has a
Form 4797 gain of $2,500 and a prior
year unallowed Schedule C loss of
$6,000. The loss allowed for 2016 is
$6,000. You enter a net loss of $1,000
on line 31 of Schedule C (the $5,000 net
profit for the year less the $6,000 loss
allowed for the year). To the left of the
entry space, you enter “PAL.”
See Form 4797 and Form 8949,
later, if you also had passive gains and
losses from the sale of assets or of an
interest in a passive activity.
Schedule E, Part I. Enter the allowed
loss from the worksheet on line 22 of
Schedule E. An activity that has net
profit for the year and prior year
unallowed losses will have net profit on
line 21 and the allowed loss on line 22.
The allowed loss on line 22 will include
the loss allowed to the extent of the net
profit. Line 24 of Schedule E will show
total profit and line 25 will show total
losses allowed (both passive and
nonpassive). Line 26 will show the total
net profit or loss.
Schedule E, Parts II and III. Any item
of income shown on your Schedule K-1
that is passive income must be entered
as passive income in the appropriate
column of Schedule E, Part II or III.
Enter the passive loss allowed from
Worksheet 6 or 7 in the appropriate
column for passive losses. The passive
losses allowed include the loss allowed
to the extent of any net income from the
activity. Passive net income or loss
reportable on Schedule E, Part II,
includes any self-charged interest
income and deductions treated as
passive activity income and deductions.
See Self-Charged Interest, earlier.
See Form 4797 and Form 8949,
later, if you also had passive gains or
losses from the sale of assets or of an
interest in a passive activity.
Form 4684, Section B. Any passive
activity gain from Form 4684 is
unchanged. It was used on Form 8582
to determine allowable PALs. If you do
not have passive losses on Form 4684,
complete Form 4684 and follow the
instructions for that form for where to
report the gain.
If you have passive losses on Form
4684, cross through the amount you first
entered on line 31, 32, 38a, 38b, or 39
of that form, and enter the allowed loss
from the worksheet. To the left of the
entry space, enter “PAL.”
Form 4797 and Form 8949. If you
sold assets from a passive activity or
you sold an interest in your passive
activity, all gains from the activity must
Instructions for Form 8582 (2016)

be entered on the appropriate line of
Form 4797 or Form 8949. Identify the
gain as “FPA.” Enter any allowed losses
for Form 4797 or Form 8949 on the
appropriate line. On Form 8949, include
“PAL” in the description of the property
in column (a). On Form 4797, enter
“PAL” to the left of the entry space (for
example, line 2 or line 10).
Entire disposition with an overall
loss. If you made an entire disposition
of your interest in a passive activity and
that activity had an overall loss, none of
the gains, if any, or losses were entered
on Form 8582 or the worksheets.
However, all the gains and losses must
be reported on the forms or schedules
normally used. To the left of the entry
space, enter “EDPA.”
Entire disposition with an overall
gain. Gains and losses from this
activity were included on Form 8582 so
that the gains might offset other PALs.
Report all the gains and losses on the
forms and schedules normally used,
and to the left of the entry space, enter
“EDPA.”

Publicly Traded
Partnerships (PTPs)

A PTP is a partnership whose interests
are traded on an established securities
market or are readily tradable on a
secondary market (or its substantial
equivalent).
An established securities market
includes any national securities
exchange and any local exchange
registered under the Securities
Exchange Act of 1934 or exempted
from registration because of the limited
volume of transactions. It also includes
any over-the-counter market.
A secondary market generally exists
if a person stands ready to make a
market in the interest. An interest is
treated as readily tradable if the interest
is regularly quoted by persons, such as
brokers or dealers, who are making a
market in the interest.
The substantial equivalent of a
secondary market exists if there is no
identifiable market maker, but holders of
interests have a readily available,
regular, and ongoing opportunity to sell
or exchange interests through a public
means of obtaining or providing
information on offers to buy, sell, or
exchange interests. Similarly, the
substantial equivalent of a secondary
market exists if prospective buyers and
sellers have the opportunity to buy, sell,
or exchange interests in a timeframe
and with the regularity and continuity
­13­

that the existence of a market maker
would provide.

Special Instructions for PTPs

Section 469(k) provides that the passive
activity limitations must be applied
separately to items from each PTP.
PALs from a PTP generally may be
used only to offset income or gain from
passive activities of the same PTP. The
special allowance (including CRDs) for
rental real estate activities doesn’t apply
to PALs from a PTP.

Passive activity loss rules for part­
ners in PTPs. Don’t report passive
income, gains, or losses from a PTP on
Form 8582. Instead, use the following
rules to figure and report your income,
gains, and losses from passive activities
you held through each PTP you owned
during the tax year.
1. Combine any current year
income, gains and losses, and any prior
year unallowed losses to see if you have
an overall loss from the PTP. Include
only the same types of income and
losses you would include to figure your
net income or loss from a non-PTP
passive activity. See Passive Activity
Income and Deductions, earlier.
2. If you have an overall gain, the
net gain portion (total gain minus total
losses) is nonpassive income.
It is important to figure the
nonpassive income because it must be
included in modified adjusted gross
income to figure the special allowance
for active participation in a non-PTP
rental real estate activity on Form 8582.
Also, you may be able to include the
nonpassive income in investment
income when figuring your investment
interest expense deduction. See Form
4952, Investment Interest Expense
Deduction.
Report all gains and allowed losses
from the activity on the forms or
schedules normally used, and to the left
of each entry space, enter “From PTP.”
Example. You have Schedule E
income of $8,000 and a Form 4797 prior
year unallowed loss of $3,500 from the
passive activities of a PTP. You have a
$4,500 overall gain ($8,000 − $3,500)
that is nonpassive income. On
Schedule E, Part II, you report the
$4,500 net gain as nonpassive income
in column (j). In column (g), you report
the remaining Schedule E gain of
$3,500 ($8,000 − $4,500) as passive
income. On the appropriate line of Form
4797, you report the prior year
unallowed loss of $3,500. You enter
“From PTP” to the left of each entry
space.

3. If you have an overall loss (but
didn’t dispose of your entire interest in
the PTP to an unrelated person in a fully
taxable transaction during the year), the
losses are allowed only to the extent of
the income, and the excess loss is
carried forward to use in a future year if
you have income to offset it. Report as a
passive loss on the schedule or form
you normally use the portion of the loss
equal to the income. Report the income
as passive income on the form or
schedule you normally use.
Example. You have a Schedule E
loss of $12,000 (current year losses
plus prior year unallowed losses) and
Form 4797 gain of $7,200 from the
passive activities of a PTP. You report
the $7,200 gain on the appropriate line
of Form 4797. On Schedule E, Part II,
you report $7,200 of the losses as a
passive loss in column (f). You carry
forward the unallowed loss of $4,800
($12,000 − $7,200).
If you have unallowed losses from
more than one activity of the PTP or
from the same activity of the PTP that
must be reported on different forms or
schedules, allocate the unallowed
losses on a pro rata basis to figure the
amount allowed for each activity or on
each form or schedule.
To allocate and keep a record of

TIP the unallowed losses, use
8582.

Worksheets 5, 6, and 7 of Form

List each activity of the PTP in
Worksheet 5. Enter the overall loss from
each activity in column (a). Complete
column (b) of Worksheet 5 according to
its instructions. Multiply the total
unallowed loss from the PTP by each
ratio in column (b) and enter the result in
column (c) of Worksheet 5.

Next, complete Worksheet 6 for each
activity listed in Worksheet 5 if all the
loss from that activity is reported on one
form or schedule. Use Worksheet 7
instead of Worksheet 6 for each activity
with losses reported on two or more
different forms or schedules (or are
identified separately on the same form
or schedule). Enter the net loss plus any
prior year unallowed losses in column
(a) of Worksheet 6 (or line 1a, column
(a), of Worksheet 7 if applicable). The
losses in column (c) of Worksheet 6
(column (e) of Worksheet 7) are the
allowed losses to report on your forms
or schedules. Report these losses and
any income from the PTP on the forms
and schedules normally used.
4. If you have an overall loss and you
disposed of your entire interest in the
PTP to an unrelated person in a fully
taxable transaction during the year, your
losses (including prior year unallowed
losses) allocable to the activity for the
year aren’t limited by the passive loss
rules. A fully taxable transaction is one
in which you recognize all your realized
gain or loss. Report the income and
losses on the forms and schedules
normally used.
For rules on the disposition of an
entire interest reported using the
installment method, see Disposition of
an Entire Interest, earlier.
Paperwork Reduction Act Notice.
We ask for the information on this form
to carry out the Internal Revenue laws of
the United States. You are required to
give us the information. We need it to
ensure that you are complying with
these laws and to allow us to figure and
collect the right amount of tax.

subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records
relating to a form or its instructions must
be retained as long as their contents
may become material in the
administration of any Internal Revenue
law. Generally, tax returns and return
information are confidential, as required
by section 6103.
The time needed to complete and file
this form will vary depending on
individual circumstances. The estimated
burden for individual taxpayers filing this
form is approved under OMB control
number 1545-0074 and is included in
the estimates shown in the instructions
for their individual income tax return.
The estimated burden for all other
taxpayers who file this form is shown
below.
Recordkeeping . . . . . . .

26 min.

Learning about the law
or the form . . . . . . . . . .

22 min.

Preparing the form . . . .
Copying, assembling,
and sending the form
to the IRS . . . . . . . . . . .

1 hr., 52
min.

48 min.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form
simpler, we would be happy to hear
from you. See the instructions for the tax
return with which this form is filed.

You are not required to provide the
information requested on a form that is

­14­

Instructions for Form 8582 (2016)