- passive
- As used in law, this term means inactive; permissive; consisting in endurance or submission, rather than action; and in some connections it carries the implication of being subjected to a burden or charge.As to passive debt- passive negligence- passive title- passive trust; and passive use; see those titles@ passive activityA term introduced with the Tax Reform Act of 1986. A passive activity generally refers to an activity in which a taxpayer does not materially participate. An example includes an investment in a limited partnership.See passive income- passive loss@ passive incomeIncome earned in an activity in which an individual does not materially participate. An example of "passive income" includes: income from an interest in a limited partnership in contrast to "active income" which is salaries and wages, or earnings from a trade or business. Rental income is always considered passive regardless of material participation.See also passive loss@ passive investment incomeAs defined in I.R.C. No. 1362(dX3XD), passive investment income means gross receipts from royalties, certain rents, dividends, interest, annuities, and gains from the sale or exchange of stock and securities@ passive lossIn tax law, any loss from(1) activities in which the taxpayer does not materially participate,(2) rental activities (with certain exceptions for individuals who actively participate in rental activities), or(3) tax shelter activities.The deductibility of passive losses are limited based upon when the activity was acquired, as well as the type of activity involved. Any passive losses which are limited in the year incurred are fully deductible in the year the investment activity is disposed. Passive loss limitations were phased in beginning in 1987.See also passive income@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.