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Fatima Al-Mazrouei

Are Losses from My Inherited Rental Property Tax Deductible Beyond Rental Income?

I came into possession of a rental property when my grandfather passed away in late 2023. The property has a stepped-up basis of around $1.6M, and I've realized the annual depreciation amount is actually bigger than what I'm collecting in rent each year. I've been digging through IRS publications for weeks trying to figure this out, but I'm still confused - can I apply these rental losses against my dividend and capital gains income (which I think counts as passive income?), or am I stuck only being able to use the losses against the rental income itself? I'm preparing for my 2025 taxes and want to make sure I understand how to handle this correctly before I file. Any insights would be super helpful!

Dylan Wright

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Great question about rental property losses! The answer depends on your level of participation in the rental activity and your overall income. Generally, rental activities are considered passive activities, and passive losses can only offset passive income. However, there are exceptions. If you actively participate in the rental property management (making decisions about tenants, repairs, etc.), you may qualify for the special allowance that permits deducting up to $25,000 of rental losses against non-passive income like wages. This phases out if your modified adjusted gross income (MAGI) exceeds $100,000 and completely disappears at $150,000. For your specific situation, dividend income is typically considered portfolio income, not passive income. Capital gains from selling investments are also generally not considered passive. So without another exception, your rental losses would only offset other passive income, not dividends or investment capital gains.

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NebulaKnight

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Thanks for the explanation! So what if OP is considered a "real estate professional" for tax purposes? I've heard that changes things. Also, does the fact that it was inherited make any difference with the passive activity rules?

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Dylan Wright

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Great questions! If someone qualifies as a "real estate professional," the rental activities are no longer automatically considered passive. To qualify, you must spend more than 750 hours annually in real estate activities and more than half of your working time in real property businesses. If you meet these requirements, rental losses could potentially offset any type of income, including dividends and capital gains. The fact that the property was inherited doesn't change the passive activity rules themselves. The stepped-up basis is beneficial for calculating depreciation (which creates the loss), but the classification of the activity as passive or non-passive depends on your level of participation, not how you acquired it.

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Sofia Ramirez

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Just want to share my experience with a similar situation last year. I inherited a property and was shocked at how confusing the tax rules were. I used https://taxr.ai to analyze my documentation and clarify my specific situation. They ran my depreciation numbers and gave me a detailed breakdown of exactly what I could deduct against which income sources. They even identified a special situation that applied to me because of my profession that my accountant had missed. Was super helpful for understanding if I qualified for any exceptions to the passive loss rules.

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Dmitry Popov

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How exactly does taxr.ai work? Do you just upload your tax docs and it tells you what's deductible? I'm hesitant to share financial info with random websites.

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Ava Rodriguez

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Did they give you actual tax advice or just information? I've been looking for something that can tell me specifically what applies to my situation without paying an accountant $300/hour.

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Sofia Ramirez

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It's a document analysis tool that uses AI to review your tax papers and transcripts. You upload the relevant documents and it extracts the important info and explains how tax rules apply to your specific situation. It's not just pulling generic advice from IRS publications - it's actually analyzing your specific numbers. The system is secure and doesn't store your documents long-term. They just use them to provide you with personalized analysis of your tax situation according to IRS rules. It gave me specific guidance about my rental property losses and which income sources I could deduct against.

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Ava Rodriguez

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Just wanted to follow up - I tried taxr.ai after posting my question here, and it was incredibly helpful for my own inherited property situation. I uploaded my previous tax return and some info about my rental property, and it showed me exactly which passive activity rules applied based on my income level and participation. It even calculated my potential loss deductions under different scenarios so I could plan better. Definitely clarified whether I could use my rental losses against my dividend income in a way that made sense to me!

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Miguel Ortiz

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Another option worth mentioning - if you're still confused after reading all the IRS documents, calling the IRS directly can sometimes help. I've had rental property questions similar to yours, and I was able to get clarification by speaking with an IRS agent. I used https://claimyr.com to skip the waiting (check out how it works at https://youtu.be/_kiP6q8DX5c) and got connected to an IRS specialist who answered my specific question about passive loss limitations. For complicated tax situations like rental properties with large depreciation deductions, sometimes talking to a human who can address your exact situation is the most straightforward approach.

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Zainab Khalil

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Wait, there's actually a way to skip the IRS phone queue? How does that even work? Last time I tried calling about my rental, I gave up after being on hold for 2 hours.

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QuantumQuest

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This sounds like a scam. There's no way to "skip the line" with a government agency. They'd have everyone doing it if it actually worked.

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Miguel Ortiz

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The service works by using an automated system that continually calls the IRS and navigates the initial menu options. Once it reaches a human agent, it calls you and connects you directly. It's basically doing the waiting for you. It's absolutely legitimate - they don't have any special "inside access" to the IRS or anything like that. They're just using technology to handle the tedious part of waiting on hold. I've used it twice for complex questions about my rental property losses, and both times I got through to an agent who was able to give me specific guidance based on my situation.

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QuantumQuest

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I have to admit I was totally wrong about Claimyr. After my skeptical comment, I figured I'd try it myself since I had a similar question about passive activity losses. Got connected to an IRS agent in about 40 minutes (while I just went about my day) instead of the 3+ hours I spent on my last attempt. The agent was able to clearly explain how the passive activity loss limitations applied to my specific situation with my rental property and dividend income. Turns out in my particular case I was eligible for a special exception I hadn't known about. Definitely saved me from making a potentially costly mistake on my taxes.

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Connor Murphy

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One thing to consider that no one's mentioned yet - the "at-risk" rules also apply to rental property losses. Even if you navigate the passive activity rules, you can only claim losses to the extent you're financially at risk in the activity. With an inherited property you didn't buy, this could be different than if you'd purchased it with your own money.

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Yara Haddad

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Could you explain more about the "at-risk" rules? If the property was inherited with no mortgage, how would that affect being "at risk"?

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Connor Murphy

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The "at-risk" rules basically limit your deductible losses to the amount you have financially invested in the activity that you could potentially lose. For an inherited property with no mortgage, your at-risk amount would typically include the stepped-up basis of the property, plus any additional money you've invested in improvements or maintenance. Since your basis is $1.6M (according to your post), your at-risk amount is substantial, so it's unlikely to limit your losses in the near term. This is different from someone who might have acquired a property with little money down and a large mortgage, where their at-risk amount might be much smaller than the property value.

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Has anyone used TurboTax to handle a situation like this? I have similar rental losses and wondering if the software can handle all these passive activity rules correctly.

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Paolo Conti

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I used TurboTax last year for my rental property. It asks questions about your participation level and automatically applies the passive activity rules. It worked well for my situation, but mine was pretty straightforward. With your large stepped-up basis and significant depreciation, you might want to use their Live version where you can talk to a tax expert during the process.

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