FORM 8582

[GeorgeM]

Does anyone know when it will be available for e-filing?

[schirallicpa]

I've been overwriting the bottom line on the input page of Sch E and deleting the 8582 - on returns that are not complex and wouldin't really need one any way even though the program insists it be there.

[joanmcq]

Early March, last I've heard.

[grandmabee]

I thought it had to completed and submitted if the taxpayer has a passive activity regardless of whether the activity has a profit or loss

[GeorgeM]

I thought it had to completed and submitted if the taxpayer has a passive activity regardless of whether the activity has a profit or loss

I have 2 returns that cannot be e-filed without it.

I tried to delete it and the loss on sch E would not carry to the 1040

Yet I had another return with a sch E loss and it did npt even ask for the form.

Is this a bug in the program?

[David1980]

I thought it had to completed and submitted if the taxpayer has a passive activity regardless of whether the activity has a profit or loss

There's an exception for rental real estate. If you meet all of the following conditions the form isn't required.

* 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 and you lived apart from your spouse all year).

* 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 activitiy.

* 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 and you lived apart from your spouse all year).

* You do not hold any interest in a rental real estate activity as a limited partner or as a beneficiary of an estate or a trust.

So, simply having rental losses with active participation wouldn't be enough to require the 8582 (unless the modified AGI is over 100k).

[GeorgeM]

There's an exception for rental real estate. If you meet all of the following conditions the form isn't required.

* 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 and you lived apart from your spouse all year).

* 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 activitiy.

* 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 and you lived apart from your spouse all year).

* You do not hold any interest in a rental real estate activity as a limited partner or as a beneficiary of an estate or a trust.

So, simply having rental losses with active participation wouldn't be enough to require the 8582 (unless the modified AGI is over 100k).

David, how do I go about making it possible to make ATX accept this return without the 8582 form?

[David1980]

David, how do I go about making it possible to make ATX accept this return without the 8582 form?

That I'm not sure on. Could try what schirallicpa is doing?

[Chowdahead]

I've been overwriting the bottom line on the input page of Sch E and deleting the 8582 - on returns that are not complex and wouldin't really need one any way even though the program insists it be there.

I have a client whose 8582 who had a zero loss. And he meets all of the other criteria to not need the 8582 but when I delete the form it will not allow it to be e-filed because the program says the 8582 is not approved for e-filing.

Is there a worksheet that has to be manually complete to signal to the program that 8582 is not required?

So essentially, taxpayers with owner-occupied 2-family and 3-family homes cannot be filed yet?

[Jerry W]

Just did one per suggestion of schirallicpa.

Right click of 8582 tab "discard", save return, close return, reopen return, create efile - worked for me.

JerryW

[GeorgeM]

Just did one per suggestion of schirallicpa.

Right click of 8582 tab "discard", save return, close return, reopen return, create efile - worked for me.

JerryW

This worked for me also, n owner occupied and 1 not

[Gail in Virginia]

I had a passive gain that was generating an 8582 and therefore would not e-file. When the e-file error came up, I right clicked the form, discarded it, clicked on re-create, e-filed and it has been accepted.