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Transferable Tax Credits for Passive Income Investors
Quick answer
Individuals with net passive income from rentals, limited partnerships or private equity K-1s can buy transferable credits under IRC §6418 and use them against the federal tax attributable to that passive income. Wages, interest, dividends and stock gains are not passive, so a purchased credit generally cannot offset tax on them. A CPA computes the limit on Form 8582-CR.
If you earn net passive income from rental real estate, limited partnerships or private equity K-1 business income, a purchased credit may offset the federal tax attributable to that income. If your income is mostly wages and portfolio income, it will not. We say so up front.
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What we help with
- Screening: how much tax is attributable to your passive income.
- Sizing a purchase to the allowed amount, not to your whole tax bill.
- Coordinating with your CPA, who reports the credit on Form 8582-CR and Form 3800.
Guides for passive income investors
- Section 469 and Transferable Credits: What Individual Buyers Need to Know
- Why Transferable Tax Credits Can't Offset W-2 Income
- K-1 Passive Income From Real Estate or Private Equity: When Purchased Credits Can Help
- At-Risk Rules and Transferable Credits: What Buyers Do and Do Not Have to Test
- Carryback and Carryforward Rules for Purchased Tax Credits
- Do Purchased Tax Credits Reduce the 3.8% Net Investment Income Tax?
- Real Estate Professional Status and Purchased Tax Credits
- How to Document Your Passive Income Before Buying Tax Credits
- Can a Trust or Estate Buy Transferable Tax Credits?
- Sold a Rental Property or Business Interest? How a Purchased Tax Credit May Apply to the Gain
- How to Offset Passive Income Taxes With Purchased Tax Credits
Frequently asked questions
Can I use purchased tax credits to offset passive income?
Yes, within limits. An individual's purchased §6418 credit can generally offset only the federal income tax attributable to net passive income, computed on Form 8582-CR. It cannot offset tax on wages, interest, dividends or stock gains.
What counts as passive income?
Income from rental activities and from businesses in which you do not materially participate, which includes most limited partnership and private equity K-1 business income. Wages, interest, dividends, royalties and stock gains are not passive.
Does Veritas sell investments?
No. Credits are bought for cash from third-party sellers, and Veritas does not sell securities or give investment advice. Your CPA confirms whether a purchase fits your return.
- IRS: Elective pay and transferability FAQs, Transferability (Q4-Q15)
- 26 CFR §1.6418-2, Rules for making transfer elections
- 26 U.S.C. §469, Passive activity losses and credits limited (Cornell LII)
- IRS: About Form 8582-CR, Passive Activity Credit Limitations
- IRS Publication 925, Passive Activity and At-Risk Rules