Who Must File

Form 8582-CR is filed by individuals, estates, and trusts with any of the following credits from passive activities.

Services you performed as an employee aren’t treated as performed in a real property trade or business unless you owned more than 5% of the stock (or more than 5% of the capital or profits interest) in the employer.

3. A working interest in an oil or gas well. Your working interest must be held directly or through an entity that doesn’t limit your liability (such as a general partner interest in a partnership). In this case, it doesn’t matter whether you materially participated in the activity for the tax year.

If, however, your liability was limited for part of the year (for example, you converted your general partner interest

Instructions for Form 8582-CR (Rev. 12-2025) Catalog Number 64649B Dec 23, 2025 Department of the Treasury Internal Revenue Service www.irs.gov

to a limited partner interest during the year), some of your income and losses from the working interest may be treated as passive activity gross income and passive activity deductions. See Temporary Regulations section 1.469-1T(e)(4)(ii). 4. The rental of a dwelling unit you used as a residence if section 280A(c)(5) applies. This section applies if you rented out a dwelling unit that you also used as a home during the year for a number of days that exceeds the greater of 14 days or 10% of the number of days during the year that the home was rented at a fair rental.

5. An activity of trading personal property for the account of owners of interests in the activity. For purposes of this rule, personal property means property that is actively traded such as stocks, bonds, and other securities. See Temporary Regulations section 1.469-1T(e)(6).

Generally, credits from these activities aren’t entered on Form 8582-CR. However, credits from these activities may be subject to limitations other than the passive credit limitation rules.