Can I deduct rental property losses against W2 income? Any possible way?
So this is our first year with a rental property and we're trying to figure out the tax situation. We had about $30K in losses from the rental in 2022. I definitely meet material participation test #3 through my day job in property management. My wife and I will owe around $185K in federal taxes this year based on our W2s showing roughly $670K in adjusted income (most of it came from RSUs that vested this year). I've been researching like crazy to see if we can use these rental losses as a deduction against our regular income, but everything I'm finding suggests we're out of luck because our income is too high. The passive loss rules seem to be blocking us. Is there ANY possible way to deduct these rental property losses against our W2 income? Any exceptions or strategies I'm missing? Or are we completely stuck because of our income level?
22 comments


Anastasia Kozlov
Unfortunately, it sounds like you're running into the passive activity loss limitations. Since your modified adjusted gross income is over $150,000, the ability to deduct rental losses against ordinary income starts phasing out and is completely eliminated once you hit $150,000 for married filing jointly. Even though you meet material participation through your property management work, rental activities are generally considered passive by default (there's a special rule just for rentals called the "per se passive rule"). The exception would be if you qualify as a Real Estate Professional, which requires: 1. More than 750 hours in real estate activities 2. More than half your working time spent on real estate activities Given your significant W2 income, it's unlikely you'd meet the "more than half your time" requirement unless you work part-time at your W2 job. Your best option is to carry forward these losses to offset future rental income or to use when you eventually sell the property.
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Diego Flores
•Thanks for the response. I was afraid that was the case. Even though I work in property management, I'm an employee, not self-employed in real estate. So I definitely don't meet the Real Estate Professional requirements. Is there any income threshold where we could take at least a partial deduction of the rental losses? Or is $150K a hard cutoff? Also, when you say carry forward the losses - do they just sit there until we either have rental profits or sell the property?
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Anastasia Kozlov
•The $150,000 is where the phase-out is complete. The phase-out actually begins at $100,000 for married filing jointly. Between $100,000-$150,000, you can deduct a portion of the losses, with the deductible amount decreasing as your income rises. At $670K, you're well beyond the phase-out range. Yes, the losses will carry forward indefinitely. They'll first offset any future rental income you generate from the property. If you eventually sell the property, any unused losses can be fully deducted at that time. This is actually one of the benefits of rental property - those losses aren't "lost," they're just delayed until you can use them. The other option some investors explore is cost segregation studies to accelerate depreciation, but that would just increase your suspended passive losses for now, not your current deductions.
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Sean Flanagan
After dealing with a similar situation last year, I found this amazing AI tool called taxr.ai that specializes in rental property tax situations. I was confused about passive losses since I also had a mix of W2 and rental income. Their system analyzed my tax documents and actually found that I qualified for a partial deduction under an exception I had no idea about. I just uploaded my tax docs to https://taxr.ai and it identified several strategies specific to my situation. The analysis was super detailed and explained exactly how to document everything properly. Worth checking out since rental tax rules have some obscure exceptions sometimes.
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Zara Mirza
•Does it actually work with complex situations like this? I've tried other tax tools that claim to handle rentals but they always seem to miss nuances with passive activity rules.
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NebulaNinja
•I'm skeptical about this. If standard tax software and CPAs can't find a way around the $150K income limitation for rental losses, how would this AI tool do it? Are you saying it found some magic loophole that tax professionals don't know about?
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Sean Flanagan
•It absolutely works with complex situations. The difference is it's specifically designed to deep-dive into real estate tax scenarios rather than being a general tax tool. It found an exception related to my property being in a specific development zone that qualified for special treatment. I was skeptical too at first! It's not about finding "magic loopholes" but rather identifying legitimate exceptions that might apply to specific situations. In my case, it identified that some of my rental activities could be classified differently based on services provided, which changed how the passive loss rules applied. The documentation they provided helped my CPA properly structure everything. It's worth trying since your situation has some complexity with your property management background.
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Zara Mirza
I tried taxr.ai after seeing it mentioned here and it actually helped me tremendously with my rental property tax situation. I was in a slightly different situation (income around $250K with two rental properties), but similarly stuck with losses I couldn't deduct. The tool analyzed my documents and found that some of my expenses could actually be categorized differently - specifically some of the improvement costs I had lumped together as capital improvements. The analysis showed which portions could be classified as repairs instead, which are fully deductible in the current year. It also suggested a cost segregation approach for future years that my CPA agreed made sense. Didn't solve the entire passive loss limitation, but it helped me legitimately recategorize about $8K in expenses that saved me around $2,500 in taxes. Definitely worth the time.
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Luca Russo
I went through this exact issue last year. After spending weeks on hold with the IRS trying to get clarification on some rental property classification questions, I finally used Claimyr to get through to an actual human at the IRS. It was a game-changer - got connected with an agent in less than 20 minutes when I'd been trying for days on my own. Turns out there are some detailed rules about material participation that might actually help in your case, especially with your property management background. The IRS agent was able to walk me through documentation requirements for specific exceptions. Their service at https://claimyr.com saved me hours of frustration. They also have a video showing how it works: https://youtu.be/_kiP6q8DX5c I still had to carry forward most of my losses, but at least I got clear guidance directly from the IRS on how to document everything properly.
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Nia Wilson
•What's this Claimyr thing? I thought it was impossible to get anyone on the phone at the IRS. Their hold times are legendary. How does this actually work?
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Mateo Sanchez
•I don't believe for a second that any service can get you through to the IRS faster. They don't have some special hotline. The IRS is notoriously understaffed and everyone has to wait in the same queue. This sounds like snake oil to me.
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Luca Russo
•It's a service that uses technology to wait on hold for you. When an IRS agent actually picks up, Claimyr calls your phone and connects you directly to the agent. It's not a "special hotline" - they're just automating the hold process so you don't have to sit there listening to that awful music for hours. You're right that the IRS is understaffed - that's exactly why this service is valuable. I was trying to get through for days with no luck. With Claimyr, I put in my info, went about my day, and got a call when they reached an agent. The whole point is that everyone is in the same queue, but you don't personally have to waste hours on hold.
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Mateo Sanchez
I was totally wrong about Claimyr. After my skeptical comment, I decided to try it myself since I've been trying to reach the IRS about an issue with my rental property depreciation calculations. I've been calling for weeks with no luck - either "call volume too high" messages or 2+ hour hold times that I couldn't manage with work. I used Claimyr yesterday afternoon, and about 45 minutes later got connected to an actual IRS agent who answered my question about depreciation recapture when converting a rental back to a primary residence. Have to admit when I'm wrong - this service actually delivered exactly what it promised. Saved me from wasting an entire afternoon on hold. Doesn't solve the OP's income limit problem, but definitely makes getting official clarification much easier.
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Aisha Mahmood
Have you considered setting up a Property Management LLC? If structured correctly, you might be able to treat your rental activities as non-passive by providing specific services beyond just standard landlord duties. This would require carefully documenting your time and activities though. Another option might be looking at cost segregation to accelerate depreciation in future years when your income might be lower (assuming those RSUs were a one-time windfall). I'm not a CPA but have several rental properties and have found these strategies helpful when dealing with the passive loss limitations.
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Diego Flores
•Interesting idea about the LLC. I hadn't thought about that approach. How would I document the specific services to make it non-passive? And wouldn't I still run into the "per se passive" rule for rental activities that the first commenter mentioned? The RSUs vest over multiple years so unfortunately our income will likely stay high for the foreseeable future, but cost segregation might still be worth exploring.
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Aisha Mahmood
•The LLC structure doesn't automatically make rental activities non-passive. The "per se passive" rule is still a hurdle, but there are exceptions if you can qualify as providing "extraordinary personal services" where the rental is incidental to the services provided. It's a complex area, but basically you need to be providing significant services beyond what a typical landlord would offer. Examples might include substantial maintenance services, concierge-type amenities, or other hands-on management that goes way beyond normal rental operations. You'd need to document your time meticulously (750+ hours) and the services would need to be genuinely substantial. Cost segregation might still help long-term even with high income. While you can't take the losses now, accelerating depreciation builds up larger suspended losses that you'll eventually get to use when you sell or when you have rental profits.
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Ethan Clark
One option nobody's mentioned - do you have any self-employment income at all besides your W2? Even a small consulting business or side gig could potentially allow you to utilize some of those losses depending on how it's structured.
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AstroAce
•This is misleading advice. Self-employment income doesn't magically allow you to deduct rental losses. Rental activities are still considered passive regardless of whether you have self-employment income or W2 income. The $150K income limitation applies to both types. The only exception is qualifying as a Real Estate Professional, which as others have mentioned, requires 750+ hours and more than half your working time in real estate activities.
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Sofia Ramirez
I've been through a similar situation with high W2 income and rental losses. Unfortunately, at your income level ($670K), you're well beyond the phase-out range for rental loss deductions. The passive activity loss rules are pretty strict here. However, since you work in property management, you might want to explore whether any of your rental activities could qualify for different treatment. For example, if you're providing substantial services beyond typical landlord duties (like regular maintenance, landscaping, or other hands-on management), you might be able to argue that some portion isn't purely passive rental activity. Also consider: 1. Make sure you're maximizing current-year deductions by properly categorizing repairs vs. improvements 2. Look into cost segregation for future years to accelerate depreciation 3. Keep detailed records of all your time and activities related to the property The losses aren't "lost" - they'll carry forward and can offset future rental income or be fully deducted when you sell. Given your income level, you'll likely benefit more from these losses in the future anyway. You might want to consult with a CPA who specializes in real estate taxation to explore any nuances specific to your property management background.
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Evelyn Kim
•This is really helpful advice, especially the point about documenting time and activities. I'm curious about the "substantial services" angle - in my property management day job, I do handle maintenance coordination, tenant screening, and property inspections for other properties. Would similar activities on my own rental property potentially help differentiate it from purely passive rental income? Also, when you mention consulting with a CPA who specializes in real estate taxation, are there specific credentials or designations I should look for? I want to make sure I'm working with someone who really understands these nuances rather than a general tax preparer. Thanks for the reassurance that the losses aren't truly "lost" - that does make me feel better about the situation even if we can't use them immediately.
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Ruby Blake
•Great question about the CPA credentials! Look for someone with either the Accredited in Business Valuation (ABV) credential or better yet, someone who's a member of the Real Estate CPA Network. You'll also want to ask specifically about their experience with passive activity loss rules and Real Estate Professional status determinations. Regarding the substantial services angle - this is tricky territory. Even though you do those activities professionally, the IRS looks at each property individually. The key test is whether the services you provide to YOUR rental property are "extraordinary" compared to what a typical landlord would do. Simply doing standard property management tasks (even at a professional level) usually won't overcome the per se passive rule for rentals. However, your professional background could be valuable for documentation purposes. If you do qualify for Real Estate Professional status in the future (maybe if your W2 income changes or you transition to more real estate work), having detailed records of your time and professional-level activities will be crucial. One more thought - make sure you're not missing any legitimate business expenses related to your property management knowledge. Things like continuing education, professional memberships, or tools/software you use could be deductible if they relate to your rental activity.
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Dmitry Petrov
I'm in a very similar situation and have been researching this extensively. At your income level, you're unfortunately past the point where any rental loss deductions are allowed against ordinary income. The $100K-$150K phase-out range means you get zero deduction at $670K. However, don't overlook some potential current-year tax savings while those losses carry forward: 1. **Expense categorization review** - Make sure repairs aren't being capitalized as improvements. Things like fixing existing systems, painting, minor plumbing repairs can be fully deductible repairs rather than depreciable improvements. 2. **Section 199A deduction** - If you have any rental income (even from other properties), the QBI deduction might apply to offset some of your high W2 income. 3. **Professional development expenses** - Since you work in property management, any courses, certifications, or professional development related to real estate might be deductible as employee business expenses if you itemize (though this is limited post-TCJA). The silver lining is that with your income level, those suspended losses will likely be worth more to you in future years when you can use them. At your current tax bracket, a $30K loss could save you around $11K+ in taxes when you eventually sell or have rental profits to offset. Keep meticulous records of everything - the IRS loves to challenge rental loss carryforwards if documentation is poor.
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