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26 U.S.C. § 58Denial of certain losses

submitted 40 years ago by Pub. L. 99-514 to r/title-26-INTERNAL-REVENUE-CODE · 374 words · no verdicts yet

in plain englishAI-generated · not legal advice

When figuring alternative minimum taxable income, an individual taxpayer cannot deduct a loss from a "tax shelter farm activity" that year — the loss carries to next year instead. Regular passive-activity loss limits also apply, with special adjustments, and insolvent taxpayers get some relief.

(a) Denial of farm loss. (1) When an individual taxpayer (not a corporation) computes alternative minimum taxable income for a year, any loss from a "tax shelter farm activity" that year is not allowed as a deduction. Instead, that disallowed loss is treated as a deduction for the activity in the next year. (2) A "tax shelter farm activity" means either a farming syndicate as defined in section 461(k), or any other farming activity that counts as a "passive activity" under section 469(c). (3) In figuring the amount of a tax shelter farm activity's loss, the adjustments required by sections 56 and 57 apply. (b) Disallowance of passive activity loss. In computing alternative minimum taxable income, the regular passive-activity-loss rule (section 469) applies, with two changes: the adjustments of sections 56 and 57 still apply, and instead of using the special housing exception in section 469(j)(7), the passive activity loss is figured without regard to "qualified housing interest" as defined in section 56(e). (c) Special rules. (1) If the taxpayer is insolvent — meaning their debts exceed the fair market value of their assets — at the end of the year, the losses affected by subsections (a) and (b) are reduced by the amount of that insolvency. (2) If the taxpayer disposes of their entire interest in a tax shelter farm activity during a year, the loss from that activity (after applying any carryover from subsection (a)(1)(B)) is allowed in full that year in computing alternative minimum taxable income, and is no longer treated as a tax shelter farm activity loss.
the actual law source: uscode.house.gov ↗public domain
(a) Denial of farm loss
(1) In general

For purposes of computing the amount of the alternative minimum taxable income for any taxable year of a taxpayer other than a corporation

(A) Disallowance of farm loss

No loss of the taxpayer for such taxable year from any tax shelter farm activity shall be allowed.

(B) Deduction in succeeding taxable year

Any loss from a tax shelter farm activity disallowed under subparagraph (A) shall be treated as a deduction allocable to such activity in the 1st succeeding taxable year.

(2) Tax shelter farm activity

For purposes of this subsection, the term “tax shelter farm activity” means—

(A)

any farming syndicate as defined in section 461(k), and

(B)

any other activity consisting of farming which is a passive activity (within the meaning of section 469(c)).

(3) Determination of loss

In determining the amount of the loss from any tax shelter farm activity, the adjustments of sections 56 and 57 shall apply.

(b) Disallowance of passive activity loss

In computing the alternative minimum taxable income of the taxpayer for any taxable year, section 469 shall apply, except that in applying section 469

(1)

the adjustments of sections 56 and 57 shall apply, and

(2)

in lieu of applying section 469(j)(7), the passive activity loss of a taxpayer shall be computed without regard to qualified housing interest (as defined in section 56(e)).

(c) Special rules

For purposes of this section—

(1) Special rule for insolvent taxpayers
(A) In general

The amount of losses to which subsection (a) or (b) applies shall be reduced by the amount (if any) by which the taxpayer is insolvent as of the close of the taxable year.

(B) Insolvent

For purposes of this paragraph, the term “insolvent” means the excess of liabilities over the fair market value of assets.

(2) Loss allowed for year of disposition of farm shelter activity

If the taxpayer disposes of his entire interest in any tax shelter farm activity during any taxable year, the amount of the loss attributable to such activity (determined after carryovers under subsection (a)(1)(B)) shall (to the extent otherwise allowable) be allowed for such taxable year in computing alternative minimum taxable income and not treated as a loss from a tax shelter farm activity.

Source credit: (Added Pub. L. 99–514, title VII, § 701(a), Oct. 22, 1986, 100 Stat. 2335; amended Pub. L. 100–203, title X, § 10212(b), Dec. 22, 1987, 101 Stat. 1330–406; Pub. L. 100–647, title I, § 1007(d), Nov. 10, 1988, 102 Stat. 3432; Pub. L. 113–295, div. A, title II, § 221(a)(58)(E), (60)(B), Dec. 19, 2014, 128 Stat. 4047, 4048; Pub. L. 115–97, title I, § 12001(b)(9), Dec. 22, 2017, 131 Stat. 2093; Pub. L. 115–141, div. U, title IV, § 401(a)(30), Mar. 23, 2018, 132 Stat. 1185.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-514 · 100 Stat. 2335
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3432
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4047, 4048
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2093
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1185

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-514 on 1986-10-22.

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