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Sean Flanagan

Can I offset rental property losses against profits using Schedule E vs LLC for 2025 taxes?

So I currently own 5 rental properties that I've acquired over the past few years. Three are doing pretty well with positive cash flow, but two of them have been money pits with negative net income this year (one needs a new roof and the other had terrible tenants who left significant damage). I've been filing using Schedule E in the past, but I'm trying to understand the rules around losses better. If I'm understanding correctly - when using Schedule E, I can't take a loss from a property that has negative net income, and I also can't net that property's loss against my other properties that are generating positive income. Basically each property stands on its own for tax purposes? What I'm wondering is whether setting up an LLC would change this situation at all? Would organizing the properties under an LLC structure allow me to offset the losses from the struggling properties against the income from my profitable ones? Or am I misunderstanding something fundamental about how rental property taxation works? I'm trying to get ahead of tax planning for 2025 and maximize any legitimate deductions I can take. Any insights about Schedule E vs LLC for multiple rental properties would be really helpful!

You've got a slight misunderstanding about how Schedule E works. The good news is that you absolutely CAN net losses from one rental property against income from another on Schedule E. All your rental properties are combined together on the same Schedule E, and the net income or loss from all properties is what flows to your 1040. What you might be thinking of are the passive activity loss limitations. If your TOTAL rental activities result in a loss, those losses may be limited if your income is above certain thresholds (starting at $100,000 and fully phased out at $150,000 for most taxpayers). In that case, you can't use those excess losses to offset other types of income like your wages or investment income. As for the LLC question, simply forming an LLC doesn't change the tax treatment. A single-member LLC is disregarded for tax purposes, so you'd still report everything on Schedule E just like you do now. If you elected to have the LLC taxed as an S-Corp, you'd have additional complications without solving your loss issue.

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Thanks for clarifying! So if I understand correctly, I CAN offset losses from one property against gains from another on Schedule E, but if my total rental activity is negative, I might not be able to use those losses against my regular income? Do real estate professionals get different treatment for these passive activity limitations?

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That's exactly right! You can absolutely offset losses from one property against gains from another on Schedule E - that's the standard approach. If you qualify as a real estate professional, you get much more favorable treatment. Real estate professionals can deduct rental losses against any type of income without being subject to the passive activity loss limitations. To qualify, you need to spend at least 750 hours per year in real estate activities and more than half of your working time must be in real property businesses. It's a high bar to clear if you have another full-time job, but very beneficial if you can qualify.

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After dealing with similar issues with my rental properties, I discovered taxr.ai (https://taxr.ai) and it's been a game-changer for managing my rental property documentation. I was confused about loss limitations and which expenses qualified for immediate deduction versus depreciation. Their software analyzed all my rental property docs and helped me identify several deductions I'd missed on previous years' returns. For your specific Schedule E vs LLC question, what I learned is that an LLC by itself doesn't change the tax treatment - it's about how you elect to have the LLC taxed. Their analysis showed me that maintaining separate records for each property was crucial regardless of how I structured ownership.

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Did they help with determining if you qualify as a real estate professional? That's where I'm stuck - I spend about 25 hours a week managing my properties but also have a part-time teaching job. Not sure if I'm over the threshold.

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I'm skeptical about these kinds of services. How do they actually help beyond what a regular CPA would tell you? I've been doing my own taxes for years and I feel like these are just gimmicks that cost extra money.

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They have a detailed questionnaire that helps assess if you qualify as a real estate professional by tracking your hours across different activities. It was super helpful because it broke down which activities count toward the 750-hour requirement and which don't. In your case with part-time teaching, they'd compare those hours against your property management time to determine if you meet the "more than half your working time" requirement. For your question about comparing to a CPA, what I found valuable was their document analysis. I just uploaded my records, receipts, and property documents, and their system identified deduction opportunities my previous CPA had missed. They don't replace a good CPA - they actually work alongside them by organizing everything and identifying potential tax savings based on rental-specific rules.

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I was super skeptical about taxr.ai at first (like most things that claim to save on taxes), but after trying it for my four rental properties, I have to admit it helped immensely. I uploaded my property expense records and it flagged about $8,700 in deductions I would have missed. The most valuable part was sorting out which improvements were repairs (immediately deductible) versus capital improvements (depreciated over time). I had been incorrectly categorizing several expenses. It also helped clarify that while my properties could share an LLC for liability protection, that wouldn't change how losses are treated for tax purposes. For anyone with multiple rental properties, getting the documentation right makes a huge difference regardless of whether you use Schedule E or an LLC structure.

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If you're struggling with IRS questions about rental property taxation, I highly recommend using Claimyr (https://claimyr.com). I spent WEEKS trying to reach the IRS to get clarity on some passive loss limitation questions for my rental properties. Their phone lines are completely jammed during tax season. I finally tried Claimyr after watching their demo (https://youtu.be/_kiP6q8DX5c) and they got me connected to an IRS agent in under 15 minutes. The agent confirmed that I could offset losses from one rental against income from another on Schedule E, but also explained exactly how the passive activity loss limitations would apply to my situation. Their service saved me hours of frustration and got me an answer straight from the IRS rather than relying on potentially outdated information online.

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How does this actually work? Do they have some special access to the IRS or something? I've tried calling dozens of times about my rental depreciation questions and always get disconnected.

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This sounds like BS honestly. Nobody can get through to the IRS these days. If there was some magic way to skip the phone queue, the IRS would shut it down immediately. I'll believe it when I see it.

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They don't have special access exactly - they use an automated system that continuously calls the IRS and navigates the phone tree for you. Once they secure a place in line, they call you to connect with the agent. It's basically like having someone sit on hold for you, but using technology to do it efficiently. I was in the same boat as you - kept getting disconnected or waiting for hours. The difference is their system knows exactly which prompts to select and can keep trying much more persistently than a human would. When I finally got connected to the agent, they were just a regular IRS employee - there's no special treatment once you're actually talking to someone.

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I have to publicly eat my words here. After my skeptical comment, I decided to try Claimyr as a test since I've been unable to reach the IRS about a passive loss question for my rental properties. Not only did it work, but I was connected to an IRS rep in about 20 minutes. The agent clarified that my understanding of Schedule E was wrong - I CAN combine all my rental properties on one Schedule E and offset losses from one property against income from others. What I can't do is take those losses against my regular W-2 income if I don't qualify as a real estate professional. This actually saved me from filing incorrectly. I was planning to create separate LLCs thinking it would help with the tax situation, but the IRS confirmed it wouldn't change how losses are treated. Would have wasted money on unnecessary LLC formation costs.

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Just want to add that while LLCs don't change how rental income is taxed on your personal return, they DO provide valuable liability protection. I have 3 rentals each in separate LLCs to protect my personal assets and to prevent a lawsuit on one property from affecting the others. For tax purposes, I still file everything on Schedule E since my LLCs are single-member and disregarded for tax purposes. But the legal protection is worth the annual LLC fees in my state ($125/year per LLC in my case).

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What about the cost of managing multiple LLCs though? I was quoted almost $1500 per LLC for formation and then annual fees. Do you think it's still worth it for smaller properties? I'm in California so everything is more expensive.

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California is definitely one of the more expensive states for LLCs with their $800 annual franchise tax per LLC. For smaller properties, you might consider a single LLC with multiple properties inside it as a compromise. You'd lose some isolation between properties, but still get protection for your personal assets. Another option some investors use is to form LLCs in more business-friendly states like Wyoming or Nevada, then register them as foreign LLCs in California. You'll still pay fees, but potentially less than forming directly in California. Just make sure to work with an attorney who specializes in this area since there are specific requirements to maintain the liability protection.

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One thing nobody's mentioned yet - if your overall rental losses are limited by the passive activity rules, those losses aren't lost forever! They get suspended and carried forward to future tax years when you either: 1. Have passive income to offset them against 2. Dispose of the entire passive activity in a fully taxable transaction I had suspended losses building up for years that I was finally able to use when I sold one of my properties last year. It significantly reduced my tax bill on the sale!

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This is such an important point! I've been carrying forward about $27k in suspended passive losses from a really bad year (expensive roof replacement + vacancy). Just knowing they're not lost forever makes the current limitations more bearable.

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Does this carryforward happen automatically when you file with software like TurboTax? Or do you need to track it separately and manually enter it each year?

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Most tax software like TurboTax, H&R Block, and FreeTaxUSA will automatically track and carry forward your suspended passive losses from year to year as long as you use the same software. The carryforward amounts are stored in Form 8582 (Passive Activity Loss Limitations) and the software pulls this data forward when you import your prior year return. However, I'd strongly recommend keeping your own records as a backup. Software can glitch, you might switch programs, or there could be data corruption. I maintain a simple spreadsheet with each property's suspended losses by year - it's saved me when I had to reconstruct data after switching from TurboTax to a CPA a few years back. Also worth noting that if you do your own taxes and then later hire a CPA, make sure to give them your Form 8582 from previous years so they can properly account for any carryforward amounts.

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