Rental Losses: Deductions, Suspensions, and Exemptions — REI Hub (2024)

Rental losses are common in the real estate investment industry. In fact, over 50 percent of the Schedule E forms filed annually show a loss. Although rental losses aren’t unusual, many investors aren’t sure how to handle them when tax time arrives. To clear up this confusion, today we’re answering the top five questions related to real estate losses.

What Are Rental Losses?

Let’s start with what a real estate loss is. When your operating costs are more than the annual income generated by your rental, you have a loss. If you have multiple units, combine your yearly profit or loss from each unit to determine your overall profit or loss.

Operating at a loss is normal when a property is in its early years. For tax purposes, though, even seasoned property owners with long-term units can have a loss. The depreciation for your property increases your deductions. Since depreciation isn’t a cash outlay, it’s possible to have positive cash flow but still have a net loss to report on your tax return. That’s a beneficial situation since you won’t need to pay taxes on your rental income.

Are Rental Losses Deductible?

You can claim real estate investment losses in some situations. You can report a loss, then suspend it to use in later years. When you have a profit to report in the future, you’ll apply the loss that you’ve carried forward. A loss now means you’ll reduce your future taxable income.

However, there are limits on how you can deduct losses because of how the IRS classifies rental income.

What Are Passive Activities?

Most times, the IRS counts rental revenue as passive income generated by a passive activity. That’s an action that provides income with relatively little effort on your part. Rental properties, book royalties, or businesses you don’t actively participate in all count as passive activities.

Active income includes salaries, wages, commissions, or tips that you earn because of your active participation in a business. You have active income if you receive a paycheck from a job.

Here’s where the limit comes in: the IRS only permits the deduction of passive losses from passive income. You may have a job not related to your investment property. Or you may have portfolio income, such as revenue from dividends or capital gains. Unfortunately, your rental losses can’t offset that income.

Remember, though, those losses won’t go to waste. You can suspend losses for years until your passive income offsets the deduction. And If you sell the property, you can fully deduct the loss, even if it is sold at a loss.

Does Rental Income Ever Count as Active Income?

The IRS recognizes rental income as active income in certain situations. For your rental investments to count as an active concern, you or your spouse must count as real estate professionals.

This is a special designation that signifies more than owning rental property, and it has strict requirements. If you have a full-time job or work in another industry besides real estate, qualifying may be difficult.

To learn more about the designation, review our related article. For now, note that real estate professionals are exempt from IRS passive loss rules. They may deduct their rental losses from other active income.

Is There an Exemption from Passive Loss Rules?

The IRS has an option in place that allows rental property owners to deduct part of all of their losses: the real estate loss allowance.

When your income is under a certain threshold, you may qualify for the real estate loss allowance. If your gross adjusted income is $100,000 or less, you may deduct up to $25,000 of rental losses. But for you to use this allowance, you must actively participate in the rental, among other conditions.

As your income increases, the amount you’re able to deduct decreases. Once your gross adjusted income is $150,000 or more, you won’t qualify for the deduction.

House hackers, take note: This allowance only applies to rental activities that are separate from your home. When you rent out your personal dwelling, the guidelines for losses change. (See section 5 of IRS Publication 527 for details.)

Have you set up your rental business as a pass-through entity, like an LLC or sole-proprietorship? If so, you may qualify for a 20 percent deduction because of the Tax Cuts and Jobs Act. Talk to your tax adviser to see if you meet the criteria.

Takeaways

Rental losses are common for real estate investors, and come tax time, having a loss isn’t necessarily bad. The tax code and its exemptions are complex. Rental property losses are deductible when they’re applied to passive income, and you can carry them forward from year to year. In some situations, rental revenue counts as active income, but this is less common. If you think you qualify for the rental real estate loss allowance or qualify as a real estate professional, check with your tax adviser.

Looking for a better way to monitor your rental revenue? Let us help! REI Hub’s specialized accounting software is designed for real estate investors. Our data imports, customizable reports, and document storage make it easy to keep track of your rental activities. Sign up for a free trial today!


Article by Holly Akins

Rental Losses: Deductions, Suspensions, and Exemptions — REI Hub (2024)

FAQs

What are the rules for deducting rental losses? ›

If your gross adjusted income is $100,000 or less, you may deduct up to $25,000 of rental losses. But for you to use this allowance, you must actively participate in the rental, among other conditions. As your income increases, the amount you're able to deduct decreases.

What can rental losses be offset against? ›

The loss is also passive if the rental didn't earn any income and took a loss. Passive losses can only offset passive income. Passive income means that someone else is running the business that produces the income. In this case, the investor is just collecting income and not actively involved in the business.

What happens to suspended passive losses when you sell your rental property? ›

Deducting Suspended Losses When You Sell Property

The tax rules provide that you may deduct your suspended passive losses from the profit you earn when you sell your rental property. To take this deduction, you must sell "substantially all" of your rental activity.

What is the $25,000 passive loss exclusion? ›

Special $25,000 allowance.

If you or your spouse actively participated in a passive rental real estate activity, the amount of the passive activity loss that's disallowed is decreased and you therefore can deduct up to $25,000 of loss from the activity from your nonpassive income.

What happens to the suspended losses? ›

These suspended passive losses can be carried forward indefinitely until you either use them to offset passive income or dispose of your rental property.

Can rental losses offset passive income? ›

Losses from rental property are considered passive losses and can generally offset passive income only (that is, income from other rental properties or another small business in which you do not materially participate, not including investments).

Why is rental loss unallowed? ›

Rental Losses Are Passive Losses

This greatly limits your ability to deduct them because passive losses can only be used to offset passive income. They can't be deducted from income you earn from a job or investments such as stock or savings accounts.

How many years can you carry forward rental losses? ›

They can be carried forward indefinitely into future years until they've been used up against future passive income. There can be exceptions regarding the use of those passive losses against earnings. One is if you're a qualified real estate professional and materially participate in rental operations.

What happens if my expenses are more than my rental income? ›

If your rental expenses exceed rental income your loss may be limited. The amount of loss you can deduct may be limited by the passive activity loss rules and the at-risk rules. See Form 8582, Passive Activity Loss Limitations, and Form 6198, At-Risk Limitations, to determine if your loss is limited.

Can you deduct a loss on the sale of a rental property? ›

Although profit on selling a rental property might have to be reported as capital gains, losses when selling rental property are deductible from your ordinary income. Learn more about the different types of taxable income on the Internal Revenue Service (IRS) website's page on Capital Gains and Losses.

What happens to suspended rental losses in a 1031 exchange? ›

If any part of your residential real estate rental losses are suspended, you don't lose them. They carry forward into future years and can be used when your gross income is less than the $150,000 limitation.

What is the disposition of passive activity with suspended losses? ›

If a taxpayer disposes of his or her entire interest in a passive activity ( ¶1165) in a fully taxable transaction, then any suspended passive activity losses ( ¶1169) may be applied against his or her nonpassive income ( Code Sec.

What is the IRS rule on rental property losses? ›

Rental real estate proceeds are considered to be passive income, like stock profits. The tax code considers rental losses to be passive losses. In general, fewer taxpayers qualify for such deductions. By definition, they are not earned income.

What is the AGI limit for deducting rental losses? ›

Active participation

For individuals who “actively participate” in the rental activity and whose adjusted gross income (AGI) is less than $150,000 ($75,000 for married taxpayers filing separately), up to $25,000 of net passive losses from rental real estate are allowed to offset other taxable income each year (Sec.

Can rental loss offset W2 income? ›

Using these losses to lower your taxes

The answer is, YES! In certain situations, you can use these losses to offset your W2 or 1099 income. For example, if you make $200,000 per year in salary, the $5,600 loss would lower your taxable income to $194,400.

Can real estate professionals deduct rental losses? ›

Benefits of real estate professional status

They can use rental losses to offset non-passive income. Another benefit of qualifying for real estate professional status is that any rental activities that aren't subject to PAL rules are also not subject to the 3.8% net investment income tax (NIIT).

Can rental losses be carried forward? ›

Now let's get back to the question of this article – whether losses on rental property can be carried forward. The answer is yes. You can carry forward those losses until the entire amount is used up. But again, passive losses can only be used to offset against passive income.

Can I deduct rental loss if married filing separately? ›

If you lived together at any time during the year and file married filing separately, you also can't claim losses.

References

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