Can I still claim rental property losses with higher household income?
I've been managing two rental properties for several years now - one I handle directly and the other through a property management company (though I still make all the decisions). For years when I was single and making around $110-120k annually, I had no problem deducting all my rental expenses including mortgage interest, repairs, property taxes, etc. My situation has changed now that I'm married, and our combined income is roughly $193k. I'm concerned because when I started entering our tax information this year, it seems like I might not be able to take the rental loss deductions I've always claimed before. What are the rules regarding rental property loss deductions at our income level? Can I still deduct anything, or am I completely phased out? Where can I find the official IRS guidelines about this? I'm trying to figure out if I need to adjust my rental strategy or if there are any steps I can take to maximize deductions. Thanks for any help!
19 comments


Noland Curtis
What you're experiencing is the effect of the passive activity loss limitations, specifically for rental real estate activities. When your modified adjusted gross income (MAGI) exceeds $100,000, the ability to deduct rental losses starts to phase out, and it's completely eliminated when your MAGI reaches $150,000. Since you're now married filing jointly with combined income of $193k, you're above that threshold. However, this doesn't mean you can't deduct anything - it means those losses are suspended and carried forward to future tax years when you either have passive income to offset them against or when you dispose of the property. There are two potential exceptions that might help you: 1) If you qualify as a real estate professional by spending 750+ hours annually in real estate activities and more time on real estate than any other profession, or 2) If you actively participate in managing your properties (which it sounds like you do), you might still qualify for a partial deduction if your income was lower. The rules are in IRS Publication 527 "Residential Rental Property" and also in IRS Publication 925 "Passive Activity and At-Risk Rules.
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Diez Ellis
•This is really helpful, thanks! Do those suspended losses disappear after a certain time, or can I keep them indefinitely until I sell the properties? Also, for the real estate professional exception, does the property management for my own properties count toward those 750 hours?
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Noland Curtis
•The suspended losses don't expire - you can carry them forward indefinitely until you either have passive income to offset them, or until you dispose of the property in a fully taxable transaction. At that point, you can use all accumulated suspended losses. For the real estate professional exception, time spent managing your own properties does count toward the 750 hours, but you need to be very careful with documentation. Keep a detailed log of all activities and time spent. However, the bigger hurdle is usually the "more than half of all personal services" requirement - meaning you'd need to spend more time on real estate activities than whatever your main profession is, which is difficult for most people with full-time jobs.
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Vanessa Figueroa
After struggling with similar rental property deduction issues last year, I found this amazing tool called taxr.ai (https://taxr.ai) that helped me understand my situation. I was in the same boat - married, income over the threshold, and confused about what I could still claim. The site analyzed my rental documents and tax situation and gave me a clear breakdown of what deductions I could take. It helped me understand that while I couldn't claim the losses immediately against my regular income, I wasn't "losing" them forever. The tool showed me how to properly track and carry forward those suspended losses. Honestly saved me from making some big mistakes on my return.
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Abby Marshall
•Does it actually help with the documentation part? Like tracking those hours if you want to qualify as a real estate professional? That's where I always mess up.
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Sadie Benitez
•I'm skeptical about these tax tools. How is this different from just using TurboTax or talking to a CPA? Seems like you're just paying for info you could get elsewhere.
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Vanessa Figueroa
•It absolutely helps with documentation. They have templates and tracking systems specifically designed for rental property owners to log hours, expenses, and activities in a way that satisfies IRS requirements. I actually brought the report they generated to my tax appointment and my accountant was impressed with how organized everything was. The difference from TurboTax is that this is specifically focused on rental property situations rather than general tax preparation. It's more like having a rental property tax specialist analyze your specific situation. As for a CPA, it's definitely not a replacement, but it helped me have a much more productive conversation when I did meet with mine because I understood my situation better.
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Sadie Benitez
I was really skeptical about specialized tax tools when I first heard about them here, but I finally tried taxr.ai last month after struggling with these exact rental property loss limitations. Wish I'd done it sooner! The analysis showed me I was actually closer to qualifying as a real estate professional than I thought, and identified several deductions I'd been missing on my properties. The documentation they helped me create for tracking my hours and expenses is exactly what my CPA needed. I was able to legitimately claim about $8,500 more in deductions than I would have without their guidance. Still paying plenty in taxes with our joint income, but every bit helps!
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Drew Hathaway
If you're having trouble getting answers from the IRS about these rental property rules, I highly recommend using Claimyr (https://claimyr.com). I was in the exact same situation as you - income over $150K, married, frustrated about rental losses - and spent weeks trying to get through to an IRS agent for clarification. Claimyr got me connected to an actual IRS representative in about 15 minutes when I'd been trying for days on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent walked me through my specific situation and confirmed exactly how the passive loss rules applied to me and what documentation I needed to maintain.
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Laila Prince
•Wait, this actually works? I've been calling the IRS for three weeks about my rental property questions and keep getting disconnected. How does this service get you through when the regular phone line doesn't?
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Isabel Vega
•Sounds too good to be true. The IRS phone system is intentionally designed to be impossible to navigate. I doubt any service can actually guarantee getting through to an agent.
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Drew Hathaway
•It absolutely works! They use a system that navigates the IRS phone tree and holds your place in line. When they're about to connect with an agent, you get a call to join the conversation. The magic is in their technology that continuously redials and navigates the system. It's not bypassing anything - just automating the frustrating part. I spoke with a very helpful agent who clarified exactly how my suspended losses would work and what documentation I needed to maintain. Saved me hours of frustration and probably helped me avoid potential audit issues with my rental properties.
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Isabel Vega
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I was desperate enough to try it because I needed clarification on these rental loss rules before filing my taxes next week. Got connected to an IRS agent in about 20 minutes who explained exactly how the passive activity loss limitations applied to my situation. They confirmed I could still take depreciation even though my losses were suspended, and explained how to properly document everything so I can use those suspended losses when I eventually sell my property. Honestly can't believe how much clearer everything is now - definitely worth it just for the peace of mind.
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Dominique Adams
I'm in a similar situation income-wise and found that even though I can't deduct losses against ordinary income anymore, I still benefit from tracking all legitimate expenses and depreciation. Those suspended losses accumulate and will eventually be valuable when you either: 1) Have passive income from other sources to offset against 2) Your income decreases in future years below the threshold 3) You sell the properties One strategy I've used is to try generating some passive income through other investments that can offset against the rental losses. Also, make sure you're taking all possible deductions - many rental property owners miss things like home office deductions for property management, mileage for property visits, etc.
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Muhammad Hobbs
•Thanks for the insights! Do you have any recommendations for tracking these suspended losses year after year? My tax software doesn't seem to handle it well and I'm worried about losing track over time.
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Dominique Adams
•I maintain a separate spreadsheet where I track all suspended losses by year and by property. Each year after filing, I update it with new information. This way, I have my own record independent of whatever tax software I'm using. I also keep all my tax returns and supporting documents organized by year with specific sections for each rental property. When I eventually sell, I'll have a complete history to calculate my adjusted basis and claim all those suspended losses. Some tax professionals recommend keeping a running total on Form 8582 worksheets year to year, but I prefer my spreadsheet method since it's easier to understand at a glance.
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Marilyn Dixon
Don't forget to look into cost segregation studies for your rental properties! Even with income limitations, accelerated depreciation on components of your property can still benefit you long-term by increasing those suspended losses that you'll eventually get to use.
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Louisa Ramirez
•Cost segregation sounds interesting but complicated. Is it worth it for someone with just two rental properties? And does it require hiring a specialist?
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Darren Brooks
The passive activity loss rules can be really frustrating when your income crosses that threshold! One thing that hasn't been mentioned yet is the potential for material participation elections. If you can document significant involvement in your rental activities (not just the real estate professional test, but actual material participation), you might be able to treat some rental income as non-passive. Also, don't overlook the benefits of proper entity structuring. Some rental property owners benefit from holding properties in LLCs or partnerships where the income characterization might be different, though this requires careful planning with a tax professional. The key is to keep meticulous records of everything - time spent, expenses, improvements, etc. Even if you can't use the losses now, they're building up valuable tax benefits for the future. I've seen people with suspended losses from years ago get massive tax savings when they eventually sell their properties or their income situation changes.
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