Tony & Damien’s Top 10: How to Fail the SPA Test

The “Significant Participation Activities Test” and “Five of Ten Years Test” are used to determine if a taxpayer materially participates in an activity. The question considered in TAM 202229036 is this: Does participation via the SPA rule count for purposes of the “Five of Ten Years” test? The results might surprise you. In this episode, Tony and Damien break down the IRS’s analysis, as well as what it means for taxpayers.