Many rental owners assume a tax loss automatically reduces the income from their job or business. Often, it doesn't. Here are five strategies that may help you make better use of rental losses, depreciation, and gains.
For more details of the strategies, keep on reading.
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Book a Complimentary CallYour rental property may show a tax loss, but that loss generally doesn’t reduce the income from your job or business. That’s because the tax rules usually put rental income and losses into a separate category, called passive activity. However, certain short-term rentals can be treated differently, which may allow the losses to reduce your W-2 wages or business income.
A short-term rental may qualify when the average guest stay is 7 days or less, such as many Airbnb-type rentals. To calculate the average stay, divide the total number of rental days by the number of separate guest stays.
The second key requirement is that you need to be actively involved in running the property. You may meet this requirement if, you meet one of the below test:
Example: A rental generates $10,000 of income before depreciation.
Without cost segregation:
With cost segregation:
The rental could go from $4,000 of taxable income to approximately a ($40,000) tax loss. If the short-term rental rules are met and you materially participate, that loss may potentially offset W-2 or other non-passive income.
Important: Before purchasing or converting a property to a short-term rental, check local city, county, HOA, and licensing requirements. Some jurisdictions restrict short-term rentals to primary residences or prohibit them altogether.
If you spend a significant amount of your working time managing rentals or working in real estate businesses, you may qualify as a Real Estate Professional for tax purposes. If you qualify and meet the participation requirements for your rentals, you may be able to use rental losses to reduce taxable income from your W-2 job or business.
Generally, you must meet both of these time requirements during the year:
Qualifying real estate work can include managing or operating rentals, leasing, real estate development, construction, acquisition, and certain other real estate businesses.
You also need to be sufficiently involved in managing your rental activity. If the requirements are met, qualifying rental losses may be able to reduce income from your W-2 job, business, or other non-rental activities.
For married couples: Only one spouse needs to independently meet the Real Estate Professional time requirements.
You don't necessarily need to qualify as a Real Estate Professional to deduct rental losses against other income. If you actively participate in your rental real estate activity, you may qualify for a special allowance permitting up to $25,000 of rental losses to offset nonpassive income.
Active participation generally means you're involved in meaningful management decisions, such as:
Income limitation: The $25,000 allowance generally begins to phase out when modified adjusted gross income (MAGI) exceeds $100,000, and is generally fully phased out at $150,000, subject to applicable rules and exceptions.
Most owners depreciate their rental building over 27.5 years for tax purposes — and leave real money on the table by doing it that way. Not every part of your property has to move that slowly.
A cost segregation study breaks your property into its components — flooring, cabinetry, appliances, landscaping, fencing, and more — and reclassifies the ones that qualify for a 5, 7, or 15-year depreciation schedule instead of 27.5.
Combined with current bonus depreciation rules, those reclassified components may be 100% deductible in the very year you place them in service — not spread out over decades.
The result: for the right property, this strategy can generate $100,000 or more in first-year depreciation deductions.
This is worth a serious look if you:
A successful rental investment can create another tax problem: a large taxable gain when you sell. For example, suppose you purchased a rental years ago and now expect a gain of more than $200,000. A sale may result in federal and state income taxes, as well as tax consequences associated with depreciation previously claimed.
A properly structured Section 1031 exchange may allow you to defer qualifying gain by exchanging the property for other qualifying investment real estate.
Instead, you may be able to:
Timing matters: replacement property must be identified within 45 days, and the exchange must be completed within 180 days, subject to applicable requirements.
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