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Clarification of Regrouping Activities for Net Investment Income Tax in Pub. 925 and Instructions for Form 8582 -- 14-MAR-2017

If you downloaded the 2015 or 2016 Pub. 925, Passive Activity or At-Risk Rules, or 2015 or 2016 Instructions for Form 8582, Passive Activity Loss Limitations, before March 10, 2017, please note the following revision to regrouping activities for net investment income tax (NIIT) purposes.

An individual, estate, or trust that is subject to the NIIT may regroup the activities in the first taxable year after December 31, 2013 to which the NIIT would apply. A taxpayer cannot regroup the activities under this provision in a later year. A taxpayer can regroup the activities under this provision only once.

The updated 2016 Publication 925 and the updated 2016 Instructions for Form 8582 are available for download.