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What Is a Suspended Loss?

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Submitted By johnhynes
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Describe what a "Suspended Loss" is, how it is generated and when it is becomes deductible.
A “Suspended Loss” is the dollar amount by which a loss from a passive activity investment exceeds the amount that the investor has at-risk in that specific passive activity investment.
If an investor has invested $50,000 in a passive activity investment, then this is what he or she has at-risk (assuming no secured loans, no income or losses from the investment, and no withdrawals from the investment). For the first year of investment, if the investor’s share of the losses from the passive activity investment are $60,000, then the investor may only take a loss up to what he or she has at-risk in the specific passive activity investment. In this example, that would be $50,000. Because the passive activity losses from this investment exceed what this investor has at-risk, the remaining losses, or $60,000 - $50,000 = $10,000, become suspended until the investor has more at-risk in the future.
In other words, after deducting the $50,000 loss, this offsets what the investor has at-risk, bringing his or her amount at-risk to $0. However, the investor has $10,000 of “Suspended Losses” that he or she can use in the future.
For example, if the investor chooses to invest more of his or her money in this investment, or if the investment generates income in the next year, then both of those actions would increase what the investor has at-risk. This would allow an equivalent portion if the “Suspended Losses” to be used against additional future income from this investment.
The other action that the investor could take that would make the “Suspended Losses” deductible against both passive and non-passive income would be to consummate a fully taxable transaction that sold his or her entire interest in the passive activity. [Code Sec. 469(b) and ¶7215 of

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