If a passive activity interest is transferred because the owner dies, unused passive activity losses are allowed (to a certain extent) as a deduction against the decedent's income in the year of death. The decedent's losses are allowed only to the extent they exceed the amount by which the transferee's basis in the passive activity has been increased under the rules for determining the basis of property acquired from a decedent. For example, if the basis of an interest in a passive activity in the hands of a transferee is increased by $6,000 and unused passive activity losses of $8,000 were allocable to the interest at the date of death, then the decedent's deduction for the tax year would be limited to $2,000 ($8,000 − $6,000).
The amount of tax you will pay on passive income will largely depend on the amount of income you generated and the ways in which it was obtained. For example, income from interest or short-term capital gains will be taxed according to standard income tax rates, while qualified dividends will be taxed according to long-term capital gains rates if you made more than $38,600 in ordinary income.
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