Get STOLI_Alert.DOC. Instructions For Form 6198, At-Risk Limitations

The at-risk rules place a limit on the amount you can deduct as losses from activities. Generally, any loss from an activity (such as a rental) subject to the at-risk rules is allowed only to the extent of the total amount you have at risk in the activity at the end of the tax year.

Use Form 6198 to figure: The profit (loss) from an at-risk activity for the current year. The amount at risk for the current year. The deductible loss for the current year.

Thus, a C corporation is subject to the at-risk rule limitations if over 50 percent in value of its stock is owned, directly or indirectly, by five or fewer individuals at any time during the last half of its tax year.

Under the basis limitation, losses are limited to the amount invested in the activity. However, under the at-risk limitation, losses are limited to the amount an investor actually put at-risk. This can differ from the amount invested due to loan guarantees, stop-loss agreements, or nonrecourse loans.

The at-risk rules prevent taxpayers from deducting more than their actual stake in a business. This usually means that for tax purposes, only money you're personally liable for is considered "at risk," and, therefore, tax deductible.

At-Risk Limits. Generally, your deductions cannot exceed the amount you have at risk. Roughly, an amount at risk is an amount you invested and could lose. An amount not at risk exists when there is a part of your investment basis that you are protected from losing.

At-risk rules are tax shelter laws that limit the amount of allowable deductions that an individual or closely held corporation can claim for tax purposes as a result of engaging in specific activities–referred to as at-risk activities–that can result in financial losses.

At-Risk Limits. Generally, your deductions cannot exceed the amount you have at risk. Roughly, an amount at risk is an amount you invested and could lose. An amount not at risk exists when there is a part of your investment basis that you are protected from losing.