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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.

The rule: for individuals, purchased credits are treated as passive activity credits (Treas. Reg. §1.6418-2(f)(3)). The IRS says they generally can only offset passive income tax liability and that most taxpayers do not have much of it (IRS Transferability FAQ, Q15).

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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.

Educational information, not tax advice. See our disclaimer.

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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.

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