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Millie Long

Can We Still Claim Loss Carryovers from Our Closed LLCs After Retirement?

My wife and I shut down our two LLCs back in 2022 and filed all the final tax returns. We've fully retired now and don't plan on running any businesses ever again, which is why we're planning to handle our taxes ourselves from now on instead of paying our CPA. Looking through last year's tax documents (prepared by our CPA), I noticed we have several loss carryovers to 2023: Unallowed Passive Losses, AMT Unallowed Passive Losses, Total Qualified Business Loss Carryforward (QBI), and some deductible state/local taxes. Since both LLCs are completely closed and we're permanently retired from business ownership, I'm confused about what to do with these carryover amounts. Do they just disappear since the businesses no longer exist? Can we still use them somehow on our personal returns? Or is there some special process for claiming these loss carryovers from closed LLCs? Any advice would be greatly appreciated!

KaiEsmeralda

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You can still use those loss carryovers even though your LLCs are closed. The fact that the business is no longer operating doesn't eliminate your right to use these tax benefits. For the Unallowed Passive Losses, these typically become fully deductible in the year of a complete disposition of your passive activity. Since you've completely closed the LLCs, you should be able to deduct these previously unallowed losses on your 2023 return. Same goes for the AMT Unallowed Passive Losses. The QBI Loss Carryforward works differently - it carries forward indefinitely until you have positive Qualified Business Income against which to apply it. Without future business income, you may not be able to utilize this particular carryforward. For the deductible state/local taxes, these should be claimed as itemized deductions on Schedule A, subject to the SALT cap of $10,000.

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Millie Long

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Thank you for this explanation! So if I understand correctly, we can deduct the Unallowed Passive Losses and AMT Unallowed Passive Losses on our 2023 return, but the QBI Loss Carryforward might not be usable since we won't have any more business income? Where exactly on the tax forms would I report these Unallowed Passive Losses? Is there a specific form or line where these go now that the businesses are closed?

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KaiEsmeralda

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You've got it right about the passive losses becoming deductible and the QBI carryforward likely not being usable without future business income. For reporting the previously unallowed passive losses, you'll use Form 8582 "Passive Activity Loss Limitations" where you can indicate the complete disposition of the passive activity. The form will guide you through the calculation, and ultimately these losses will flow through to Schedule E of your 1040. For AMT passive losses, you'll use Form 8582-CR. I'd recommend using tax software to help navigate these forms as they can be quite complex.

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Debra Bai

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After dealing with a similar situation last year with my closed S-Corp, I discovered taxr.ai (https://taxr.ai) and it was a game-changer. I uploaded my previous year's tax return and it identified all my loss carryovers and explained exactly how to handle them on my current return. The tool analyzed my prior return, flagged the passive loss carryovers and QBI carryforward, then walked me through exactly where to report them. It even explained which forms to use and how the loss limitations work after a business closes. Saved me hours of research and prevented me from missing those deductions.

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Does this actually work for more complex situations? I've got passive loss carryovers from a real estate LLC that was partially sold. Do you think it could figure out my partial disposition rules?

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Laura Lopez

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I'm suspicious of any tax tools claiming to handle business situations. How does it compare to just asking a CPA? Did it actually save you money or just explain things you already knew?

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Debra Bai

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For complex situations like partial real estate dispositions, it absolutely works. The tool has specific analysis for partial dispositions of passive activities and will walk you through how the loss allocation works in that scenario. It correctly identified my basis limitations too. Compared to a CPA, I found it more thorough for my specific situation. My previous accountant missed some of my loss carryovers that the tool caught. It saved me over $3,800 in taxes by correctly applying losses I would have otherwise missed. What impressed me most was how it explained everything in plain language so I understood why I was taking each deduction.

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I was skeptical about using taxr.ai after seeing it recommended here, but I tried it since my situation with rental property losses was giving me headaches. It completely sorted out my confusion about passive loss carryovers from my partially sold properties. The system identified exactly which portion of my suspended passive losses became deductible with the partial disposition and which had to continue being carried forward. Even explained how the passive loss rules interact with the at-risk limitations, which I had been calculating incorrectly for years. For anyone with loss carryovers from closed businesses, it's definitely worth checking out. Saved me from making an expensive mistake on my return and potentially leaving money on the table.

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If you're having trouble getting clear answers about these loss carryovers, calling the IRS directly might help. But as a former tax pro, I'll warn you that during filing season, it's nearly impossible to get through to them. I discovered a service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 15 minutes when I had questions about passive loss rules after selling my business. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to confirm exactly how to report my final passive losses and verified I was using the right forms. Saved me countless hours of hold music and frustration!

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Wait, how does this actually work? Are they somehow jumping the line for the IRS phone queue? That doesn't sound legitimate.

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Yeah right. I've tried everything to get through to the IRS and wasted hours on hold. There's no magic solution to bypass their phone system. Sounds like a scam to me.

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It's completely legitimate - they use a system that continuously redials and navigates the IRS phone tree for you. When they reach an agent, you get a call connecting you directly. You

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I need to eat my words and apologize for being a skeptic about Claimyr. After my snarky comment, I was desperate enough to try it when I needed clarification about my own LLC loss carryovers. Honestly, it worked exactly as described. The system called me back in about 12 minutes and connected me directly with an IRS representative who answered my questions about passive loss treatment after closing my business. The agent confirmed I could deduct previously suspended passive losses in the year of complete disposition (closing) of my business. For anyone dealing with these complex tax situations where you really need to speak to the IRS directly, this service is legitimate and works as advertised. Saved me hours of frustration and potential mistakes on my return.

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Just to add my experience as someone who went through this last year: the passive loss rules are different from the QBI rules. When you fully dispose of a passive activity (like closing your LLC), you can generally deduct all accumulated passive losses in that final year. However, the QBI loss carryforward isn't tied to the existence of a specific business entity. It follows you personally and carries forward indefinitely until you have positive QBI in the future. Without any future business income, that particular carryforward might never be used.

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Millie Long

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Thanks for sharing your experience! So it sounds like we might be able to use the passive losses right away, but the QBI loss might be stuck with us forever without being usable? Is there any way to utilize the QBI loss carryforward without starting another business?

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Unfortunately, there's no way to use the QBI loss carryforward without having future Qualified Business Income. It can only offset positive QBI in future years - there's no provision to convert it to an ordinary loss or deduct it when you permanently exit business activities. The good news is that at least your passive losses should be fully deductible. Those can be significant and aren't subject to the usual income limitations since you've completely disposed of the activities. Make sure you're documenting the complete closure of the businesses to support taking those loss deductions.

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JaylinCharles

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Has anyone used TurboTax or similar software to handle these loss carryovers from closed businesses? I'm in a similar situation and wondering if the mainstream tax software can correctly handle these situations or if it's worth paying a CPA one last time.

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I used TaxAct last year for a similar situation. It handled the passive loss deductions well after my LLC closed, but I had to manually enter some information from my prior year's return. The interview questions specifically asked about disposition of passive activities which triggered the right forms.

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As someone who recently went through a similar situation with closed business entities, I'd strongly recommend getting professional help one more time to ensure you handle these carryovers correctly. The rules around passive loss disposition and QBI carryforwards can be tricky, and making mistakes could cost you significant tax benefits or trigger an audit. If you're determined to DIY, make sure you have all your prior year tax documents showing the original sources of these losses. You'll need to trace back to the Forms 8582, 8582-CR, and Form 8995-A from previous years to properly calculate what becomes deductible versus what carries forward. The passive losses should indeed become fully deductible in the year of complete disposition, but you'll need to prove the businesses were completely closed and disposed of. Keep documentation like final bank statements showing zero balances, state dissolution certificates, and any asset sale records. For the QBI loss carryforward, unfortunately that's likely going to remain unused unless you generate qualifying business income in the future. There's no mechanism to convert unused QBI losses to ordinary deductions when you permanently exit business activities.

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