at-risk rule

At-Risk Rule

In tax law, a rule disallowing investors from deducting more investment money from their taxable income than they have actually invested. For example, if one places $10,000 in a stock and would otherwise derive $15,000 in tax deductions from the investment, the at-risk rule only allows the investor to deduct $10,000. The rule exists to prevent a person from investing in a way that avoids taxes excessively.

at-risk rule

A law that limits tax write-offs to the amount of money directly invested (and thus, at risk) in an asset. The purpose of an at-risk rule is to prohibit investors from deriving tax benefits that exceed the amount of money actually invested.

Wall Street Words: An A to Z Guide to Investment Terms for Today's Investor by David L. Scott. Copyright © 2003 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. All rights reserved.

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To ice the cake, we should impose an at-risk rule, which states that an investor can't write off losses on money for which he is not personally liable, such as the non-recourse loans that multiply McGovern's deductions.

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Losses of an S corporation suspended under the at-risk rules of Sec.

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465 regulations provide significant guidance and detailed examples of the application of the at-risk rules. In addition to the general policy that, when no final regulations are available, the IRS Chief Counsel will not take a position harsher to the taxpayer than that available in proposed regulations (Internal Revenue Manual [section]32.1.1.2.2), the long-standing nature of these proposed regulations has resulted in a de facto reliance not usually afforded to other proposed guidance.

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Under paragraph 111(1)(e) limited partnership losses that cannot be deducted against other sources of income because of the at-risk rules can generally be carried forward indefinitely and claimed against future limited partnership income.

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The passive activities and at-risk rules provide hurdles that taxpayers must overcome in order for certain losses to offset other sources of income in a given year.

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A beneficiary of a qualified subchapter S trust may deduct suspended losses under the at-risk rules and the passive loss rules when the trust disposes of the S corp stock.

A new corporate tax relief bill: highlights from the American Jobs Creation Act of 2004

The second limitation that may limit the current use of losses is the at-risk rules of IRC section 465.

Partnerships, LLCs, LLPs, and S corporations

Alternative minimum tax 0.00 1.46 10.2 29.6 58.7 4.45 Passive activity losses 0.00 2.93 15.1 31.2 50.2 4.29 At-risk rules 1.46 5.85 17.1 31.2 44.4 4.10 Supplemental inc.

Issues in Federal Income Tax Complexity

* At-Risk Rules. The proposed bill would modify the "at-risk" rules for real estate to provide that a taxpayer is considered "at risk" for certain financing so long as the financing is qualified publicly-traded debt.

APARTMENT INDUSTRY PRAISES HOUSE TAX RELIEF LEGISLATION AS A SIGNIFICANT STEP FORWARD

In addition, the at-risk rules were extended to real estate.

Tax consequences of solution transactions

The 1976 TRA at-risk rules applied to non-real estate tax shelters increase the value of both REITs and real estate corporations relative to entities holding non-real estate tax shelter assets.

The effects of tax reform on real estate: some empirical results

(13) The at-risk rules are covered in detail in Chapter 17, Passive Activity and At-Risk Rules.