Discussion:Eligible Small Business

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Discussion Forum Index --> Basic Tax Questions --> Eligible Small Business
Discussion Forum Index --> Tax Questions --> Eligible Small Business

Apptax (talk|edits) said:

6 May 2009
Would the loss from Residential Rental property be considered an eligible small business for the NOL carryback rules? I'm pretty sure the answer is yes, but I couldn't find a definitive answer anywhere.

Jctmstx (talk|edits) said:

6 May 2009
This topic has been discussed many time before. He's a discussion on point. Type in the yellow box to the left "Large allowable schedue E losses w/barely any other Income" Note this is a Sched E discussion.

Apptax (talk|edits) said:

6 May 2009
Thanks for the response. I did honestly look before posting this. I think I just searched for everything except Sch. E losses. Thanks again!

Harry Boscoe (talk|edits) said:

6 May 2009
So I searched for the phrase you suggested and the only discussion that it pulled up is the one that we are in now. And then I corrected the spelling of "schedule" and did the search again, same result. Then I tried also putting a space between "w/" and "barely" and got some results. Definitely a learning experience for me...

How did you make out, Apptax?

Death&Taxes (talk|edits) said:

6 May 2009
Discussion: Large allowable schedue E losses w/barely any other Income And I tried this using the discussion fences and this is what I got.

Harry Boscoe (talk|edits) said:

6 May 2009
Apptax, are you trying to find out about whether you have business loss from the rental or are you wondering about qualifying as a "eligible small"?


Dnc0716 (talk|edits) said:

8 October 2009
I am wondering if residential rental property qualifies as a "eligible small business" for the current NOL rules. It states that the term “small business” means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year in which the loss arose (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation)

Residential real estate could be a partnership or corp. Does this mean it qualifies, not sure. Basically any trade or business can be considered a ESB if they meet the requirements - 3 year average gross receipts less than 15 million.

No clear answer on whether rental activities on schedule are considered sole proprietorship. Any help would be greatly appreciated.

Nate

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