Passive Loss and At-Risk Rules (2021)


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Passive Loss and At-Risk Rules (2021)

Author: Danny Santucci, JD

Electronic version only

With the adoption of the passive loss limitation rules, taxpayers are looking to CPAs for guidance related to what deductions are allowed, disallowed, or suspended. Updating practitioners on the practical aspects of §469, this course addresses the needed skill to handle these pragmatic issues. Fundamentals are reviewed, planning opportunities are identified, and creative strategies are discussed and evaluated along with remaining traditional approaches. The goal of this instructive course is to understand and solve client problems under §469, with emphasis on tax savings ideas. Participants will learn to master the proper administration of these complex and often cumbersome provisions.

With this three-hour course, you will:

  • Get a 72-page PDF document
  • Identify affected taxpayers, categories of income and loss and passive losses under §469 and necessary §469 calculation steps and specify the §469 & §1211 limits and the ordering and suspension of any disallowed losses
  • Recognize a taxpayer’s material participation in an activity by:
    • Identifying the material participation tests and their application to entities such as partnerships and corporations
    • Specifying the activity grouping rules and exempt activities
    • Determining passive activity particularly, the treatment of rental activity as passive
    • Identifying “nested” activities
  • Identify special passive loss rules and calculations by:
    • Determining alternating use affects on amount realized and adjusted basis and citing additional loss limitations outside of §469
    • Recognizing requirements for the special $25,000 allowance
    • Specifying recharacterization rules and their purpose
  • Recognize the passive activity audit guidelines identifying audit issues, determine the real estate rental activity credit exception, and cite the at-risk limit rules as they relate to §469

Designation CPE Hours
CPA 3 Tax
EA 3 Federal Tax
CRTP (CTEC) 3 Federal Tax
Attorney 2.5 General MCLE/Tax Specialization

Course level: Overview
General understanding of federal income taxation.

Want to order by phone? Call us at: (714) 776-7850

This self-study is designed to meet the requirements for the specified number of hours of continuing education. This self-study has been designed to meet the requirements of the IRS Return Preparer Office; including sections 10.6 and 10.9 of Department of Treasury’s Circular No. 230 (Provider No. CRA7E); the California State Board of Accountancy; the California Bar Association; and the California Tax Education Council. This does not constitute an endorsement by these groups. The state boards of accountancy have final authority on the acceptance of individual courses for CPE credit. For more information regarding administrative policies such as complaints or refunds, contact Spidell Publishing at 714-776-7850. Spidell Publishing, Inc. has been approved by the California Tax Education Council to offer continuing education courses that count as credit towards the annual “continuing education” requirement imposed by the State of California for CTEC Registered Tax Preparers. A listing of additional requirements to renew tax preparer registration may be obtained by contacting CTEC at P.O. Box 2890, Sacramento, CA 95812-2890, or by phone at 877-850-2832, or on the internet at

Spidell Publishing, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State Boards of Accountancy have the final authority on the acceptance of individual course for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: This self-study is designed to meet the requirements for 3 hours of continuing education for the California Board of Accountancy. Level: Overview. Field of Study: Taxes. Delivery Method: Self-Study. For more information regarding administrative policies, such as complaints or refunds, contact Spidell Publishing at (714) 776-7850. General understanding of federal income taxation is required.

Spidell Hours

Tax 3
Fed Tax 3
Fed Tax 3
General MCLE/Tax Specialization 2.5


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