New York Passive Activity Loss Limitations For Nonresidents and Part-Year Residents

Passive Activity Loss Limitations For Nonresidents and Part-Year Residents
Form IT-182 Passive Activity Loss Limitations Tax Year 2023
IT-182

Department of Taxation and Finance

Passive Activity Loss Limitations
For Nonresidents and Part-Year Residents
Submit with your Form IT-203 or IT-205.
	 Name as shown on return	

Identifying number as shown on return

See the instructions on page 4, before completing this form.

Part I – Passive activity loss (see instructions)

Rental real estate activities with active participation
	1a	 Activities with net income from Part IV, column (a).........................................	 1a	
.00
	1b	 Activities with net loss from Part IV, column (b)..............................................	 1b	
.00
	1c	 Prior years unallowed losses from Part IV, column (c) (see instructions).......... 	 1c	
.00
	1d	 Add lines 1a, 1b, and 1c............................................................................................................................ 	 1d	
All other passive activities
	2a	 Activities with net income from Part V, column (a)..........................................	 2a	
.00
	2b	 Activities with net loss from Part V, column (b)...............................................	 2b	
.00
	2c	 Prior years unallowed losses from Part V, column (c) (see instructions)........... 	 2c	
.00
	2d	 Add lines 2a, 2b, and 2c............................................................................................................................ 	 2d	

.00

.00

	 3	 Add lines 1d and 2d and subtract any prior year unallowed CRD (see instructions). Note: If this line is zero or more, stop here and 			

		  submit this form with your return; all losses are allowed, including any prior year unallowed losses
		  entered on line 1c or 2c. Report the losses on the forms and schedules normally used....................... 	

3	

.00	

  If line 3 is a loss and:	 •	Line 1d is a loss, go to Part II.
		
•	Line 2d is a loss (and line 1d is zero or more), skip Part II and go to Part III, line 10.
Caution: If married filing separately, filing status , and you lived with your spouse at any time during the year, do not complete Part II.
Instead, go to line 10.

	

Part II – Special allowance for rental real estate activities with active participation (see instructions)

Note: Enter all numbers in Part II as positive amounts (greater than zero). See instructions.
	4	 Enter the smaller of the loss on line 1d or the loss on line 3...................................................................... 	
	5	 Enter 150,000 (if married filing separately, see instructions)..................................	 5	
.00
	6	 Enter federal modified adjusted gross income, but not less than zero (see instr.).	 6	
.00
		  Note: If line 6 is greater than or equal to line 5, skip lines 7 and 8, and
		  leave line 9 blank. Otherwise, go to line 7.
	7	 Subtract line 6 from line 5...............................................................................	 7	
.00
	8	 Multiply line 7 by 50% (.5). Do not enter more than 25,000. (If married filing separately, filing status , see instr.)... 	
	 9	 Enter the smaller of line 4 or line 8 (if line 3 includes any CRD, see instructions) ............................................ 	

4	

.00

8	
9	

.00
.00

	10	 Add the income, if any, from lines 1a and 2a and enter the total............................................................... 	 10	
	11	 Total losses allowed from all passive activities for this year. (Add lines 9 and 10. See the
		  instructions to find out how to report the losses on your return.)....................................................................... 	 11	

.00	

Part III – Total losses allowed

182001230094

.00

Page 2 of 4  IT-182 (2023)

Part IV – For Part I, lines 1a, 1b, and 1c (see instructions)
	

	

Current year	

Prior years	

Overall gain or loss

(a)	 (b)	 (c)	(d)	 (e)
				
Date of
Date of
	 Name of activity/property
			
Net income	
Net loss	
Unallowed
description and address
acquisition
sale
				
(line 1a)	
(line 1b)	
loss (line 1c)	Gain	
Loss

	.00	
.00	
.00	
.00	
.00	

	
	
	
	

Totals. Enter on Part I, lines 1a, 1b, and 1c..................... 	

.00	

.00	
.00	
.00	
.00	
.00	

.00	
.00	
.00	
.00	
.00	

.00	

.00

.00	
.00	
.00	
.00	
.00	

.00
.00
.00
.00
.00

Part V – For Part I, lines 2a, 2b, and 2c (see instructions)
		

Current year	

Prior years	

Overall gain or loss

				
(a)	(b)	(c)	(d)	(e)
Name
of
activity/property
Date
of
Date
of
				
Net income	
Net loss	
Unallowed
description and address
acquisition
sale
(line 2a)	
(line 2b)	loss (line 2c)	Gain	
Loss	
				

	.00	
.00	
.00	
.00	
.00	

	
	
	
	

Totals. Enter on Part I, lines 2a, 2b, and 2c..................... 	

.00	

.00	
.00	
.00	
.00	
.00	

.00	
.00	
.00	
.00	
.00	

.00	

.00	

Part VI – Use this Part if an amount is shown on Part II, line 9 (see instructions)
Name of activity/property
description and address

Form or schedule
and line number
to be reported on

(a)

(b)

Loss

Ratio

	.00	
	.00	
	.00	
	.00	

	

Totals................................................................................... 	

Part VII – Allocation of unallowed losses (see instructions)
Name of activity/property
description and address

Form or schedule
and line number
to be reported on

.00	1.00	

(a)

(b)

Loss

Ratio

	.00	
	
.00	
	
.00	
	
.00	
Totals.......................................................	

182002230094

(c)
Special
Allowance

.00	
.00	
.00	
.00	
.00	

.00	
.00	
.00	
.00	

(d)
Subtract column (c)
from column (a)

.00
.00	
.00	
.00	

.00	

.00	1.00	

.00
.00
.00
.00
.00

.00	

(c)
Unallowed
loss

.00		
.00		
.00		
.00	
.00

IT-182 (2023)  Page 3 of 4

Part VIII – Allowed losses (see instructions)
Name of activity/property
description and address

Form or schedule
and line number
to be reported on

(b)
Unallowed
loss

(a)
Loss

	.00	
	
.00	
	
.00	
	
.00	
.00	

Totals.......................................................	

.00	
.00	
.00	
.00	
.00	

Part IX – Activities with losses reported on two or more different forms or schedules (see instructions)
Name of activity/property description and address:

(a)

(b)

(c)
Allowed
loss

(c)

Ratio

(d)
Unallowed
loss

.00		
.00		
.00
.00		
.00

(e)
Allowed
loss

Form or schedule and line number to be
reported on (see instructions):
	1a	 Net loss plus prior year unallowed loss
		 from form or schedule................................. 	

.00

	1b	 Net income from form or schedule ............. 	

.00

	1c	 Subtract line 1b from line 1a. If zero or less, leave blank ........ 	
Form or schedule and line number to be
reported on (see instructions):
	1a	 Net loss plus prior year unallowed loss
		 from form or schedule................................. 	

.00

	1b	 Net income from form or schedule ............. 	

.00

	1c	 Subtract line 1b from line 1a. If zero or less, leave blank......... 	
Form or schedule and line number to be
reported on (see instructions):
	1a	 Net loss plus prior year unallowed loss
		 from form or schedule................................. 	

.00

	1b	 Net income from form or schedule ............. 	

.00

	1c	 Subtract line 1b from line 1a. If zero or less, leave blank......... 	
Totals.............................................................................................	

182003230094

.00	

.00	

.00

.00	

.00	

.00

.00	

.00	

.00

.00	1.00	

.00	

.00

Page 4 of 4  IT-182 (2023)

Instructions

General instructions

New York State Tax Law conforms to the passive activity loss rules
for federal purposes. However, any deduction for a passive activity
loss (PAL) for a nonresident or part-year resident must be recomputed
to determine the amount that is allowed if the federal adjusted gross
income took into account only items of income, gain, loss, or deduction
derived from or connected with New York sources.

Purpose of form

Nonresident or part-year resident individuals, estates or trusts must file
Form IT-182, Passive Activity Loss Limitations, to report the amount of
allowed passive activity losses from New York sources for the current tax
year.
It is possible, because of the above rules, for a nonresident to have
a PAL for New York State without having a PAL for federal purposes,
or to have a New York State PAL that is larger or smaller than the
corresponding federal PAL. A nonresident or part-year resident
individual, estate or trust claiming a PAL for New York State purposes but
not for federal income tax purposes must file Form IT‑203, Nonresident
and Part-Year Resident Income Tax Return, or Form IT‑205, Fiduciary
Income Tax Return, to report the carryover of any PAL derived from or
connected with New York sources.
If you were a part-year resident, you must recalculate your PAL
limitations as if separate federal returns were filed for your resident and
nonresident periods using only those items of income, gain, loss, or
deduction attributable to each period. For the resident period, compute
the New York PAL using only those items of income, gain, loss, and
deduction that would have been reported if a separate federal return
was filed for the period of New York State residence. For the nonresident
period, compute the New York PAL using only those items of income and
loss derived from or connected with New York sources.
Generally, losses from passive activities are subject to other limitations,
such as basis and at-risk limitations, before they are subject to the
passive loss limitations. Once a loss becomes allowable under these
other limitations, you must determine whether the loss is limited under
the passive loss rules. See the instructions for federal Form 6198,
At‑Risk Limitations, and federal Publication 925, Passive Activity and
At‑Risk Rules, for details on the at-risk rules.

examples. Use only those items of income, gain, loss, or deduction
derived from or connected with New York sources.

Part II – Special allowance for rental real estate activities
with active participation

Use Part II to compute the maximum amount of rental loss allowed
for New York purposes if you have a net loss from a rental real estate
activity with active participation. Enter all numbers in Part II as positive
amounts (greater than zero).
See the instructions for federal Form 8582 for specific line instructions
and examples.
Line 5 – Married persons filing separate returns who lived apart from
their spouses at all times during the year must enter $75,000 on line 5
instead of $150,000. Married persons filing separate returns who lived
with their spouses at any time during the year are not eligible for the
special allowance. Leave line 9 blank and go to line 10.
Line 6 – See the instructions for federal Form 8582 to compute your
federal modified adjusted gross income. Enter on line 6 your modified
adjusted gross income using only those amounts derived from or
connected with New York sources.
Line 8 – Do not enter more than $12,500 on line 8 if you are married
filing a separate return and you and your spouse lived apart at all times
during the year. Married persons filing separate returns who lived with
their spouses at any time during the year are not eligible for the special
allowance. Leave line 9 blank and go to line 10.
Line 9 – If you have a prior year unallowed CRD, see the instructions for
federal Form 8582.

Part III – Total losses allowed

Use Part III to compute the amount of the PAL from New York sources
(as determined in Part I) allowed for this year.
Line 11 – Use Parts IV through IX of this form and the instructions for
Part III of federal Form 8582 to calculate the unallowed loss from New
York sources to be carried forward and the allowed loss from New York
sources of each activity. Report the amounts allowed in the New York
State amount column of Form IT-203 or on Form IT-205-A, Fiduciary
Allocation.

Specific instructions

Complete Parts IV through IX of this form, using only those items of
income or loss derived from or connected with New York sources. (Also
see Part III of the instructions for federal Form 8582.)

Before completing Form IT-182, compute your federal PAL limitation
using federal Form 8582, Passive Activity Loss Limitations. Then
complete Form IT-182 using only those activities included on federal
Form 8582 derived from or connected with New York sources. Part‑year
residents see General instructions above.

How to report allowed losses – See the instructions for federal
Form 8582. Follow the instructions and use Parts VIII and IX to identify
the amount of allowed losses from each activity from New York sources.
Report the recomputed amounts of the New York allowed loss for each
activity in the New York State amount column of Form IT-203 or on
Form IT-205-A on the same line on which the loss was reported for
federal purposes.

If you need help contacting the Tax Department or for the Privacy
notification, see the instructions for your tax return.

If you were not required to file federal Form 8582 due to one of the
exceptions described in the instructions for federal Form 8582, complete
federal Form 8582, Parts IV through IX, as if you were required to file
the federal form. Then complete Form IT-182 using only those activities
derived from or connected with New York sources.

Part I – Passive activity loss

Use Part I to combine the net income and net loss from all New York
passive activities to determine if you have a PAL from New York sources
for this year.
Enter the amounts on lines 1a through 2d using Parts IV and V on
page 2.
Line 3 – If you have a prior year unallowed commercial revitalization
deduction (CRD), see the instructions for federal Form 8582.
Parts IV and V – Enter the name of the activity or the description and
address of the property. Enter the acquisition date and the sale date, if
applicable, of rental real estate activity in the columns indicated. See
the instructions for federal Form 8582 for specific line instructions and
182004230094

Submit Form IT-182 with your Form IT-203 or Form IT-205.
Retention of records – Keep a copy of Form IT-182 used to calculate
the amounts reported on Form IT-203 or on Form IT-205-A for three
years after the sale or disposition of all activities included on the form.