What is a requirement for a taxpayer's loss to be considered a deductible loss concerning passive activities?

A deductible loss for passive activities hinges significantly on whether the taxpayer has a basis in that activity. This means that the taxpayer needs to have invested money or property into the activity. Basis essentially represents the taxpayer's financial stake, and it serves as a threshold for determining how much loss they can deduct when the activity fails to generate income.

The Internal Revenue Code imposes limitations on passive losses, mainly allowing them to be deducted against passive income—not against active or portfolio income. Thus, if a taxpayer does not have the requisite basis in the activity, they cannot fully recognize or deduct any losses incurred from it. This fundamental principle creates a necessary link between the taxpayer’s investment and the potential deductibility of losses, ensuring that taxpayers are only deducting losses to the extent of their economic involvement in the passive activity.

In contrast, other requirements such as material participation or the activity being classified as a trade or business may influence the overall treatment of losses but do not affect the baseline criterion that the taxpayer must have a basis in the activity to claim a deduction for losses.