Can investment property depreciation create a loss if rental income only covers expenses?
I have a rental property where the income is basically just covering my expenses (property tax, mortgage interest, HOA fees, etc.). I'm wondering if I can still take the 27.5 year depreciation on the building value to create a loss on my tax return? Specifically, I want to know if depreciation is only meant to offset the rental income itself, or if it can actually push the property into a loss position on my taxes? The rental income minus expenses is roughly break-even right now. My wife is an active real estate agent, so I think we might qualify to use rental property losses against our W2 income. Would really appreciate any insights on how this depreciation calculation works and if we can use it to reduce our overall tax bill!
18 comments


GalaxyGuardian
Yes, you absolutely can claim depreciation that pushes your rental property into a loss position, even if your rental income just covers your operating expenses. Depreciation is considered a "paper expense" that doesn't require actual cash outflow, but the IRS allows you to take it regardless of whether your property is cash flow positive or neutral. The great thing about your situation is that since your spouse is a real estate professional (active realtor), you likely qualify for an exception to the passive activity loss rules. Normally, rental losses would be limited or suspended for most taxpayers, but real estate professionals can deduct these losses against their ordinary income like W2 wages without limitation. Just make sure your spouse meets the requirements - they need to work at least 750 hours per year in real estate activities and more than half of their personal services time should be in real estate. If they qualify, then yes, you can use that depreciation to create a loss and offset your W2 income.
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Paolo Ricci
•Do both spouses need to qualify as real estate professionals, or is it enough that just one does? Also, does the 750 hours have to be specifically on the rental property, or just real estate work in general?
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GalaxyGuardian
•Only one spouse needs to qualify as a real estate professional, so if your wife meets the criteria, you're good to go as a married filing jointly couple. This is a significant benefit for families where one spouse works in real estate. The 750 hours requirement applies to real estate activities in general, not specifically to your rental property. Your spouse's time as a realtor counts toward this total. However, there is a "material participation" requirement for each rental property for which you want to claim losses. There are several ways to meet this, but the most common is spending 100+ hours on that specific property if no one else puts in more time than you.
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Amina Toure
After struggling with a similar rental property situation last year, I found this amazing AI tool that analyzes all your real estate documents and tells you exactly what deductions you qualify for. It's called taxr.ai (https://taxr.ai) and saved me thousands by correctly calculating my depreciation and identifying deductions I didn't know about. I uploaded my property documents, mortgage statements, and expense receipts, and it immediately spotted that I was missing several eligible deductions. It also correctly analyzed my depreciation schedule and confirmed I could use losses against other income since my husband is also a real estate agent. The guidance was incredibly specific to my situation, not just generic advice.
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Oliver Zimmermann
•Does it actually help with the real estate professional qualification test? I'm trying to figure out if my wife's hours as a part-time property manager count, and how to properly document her time.
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Natasha Volkova
•I'm skeptical about AI tax tools. How does it handle complex situations like recapture when you sell the property? Will it flag potential audit risks if you're claiming big losses?
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Amina Toure
•It absolutely helps with the real estate professional qualification test. The tool has a specific module that walks you through the hour requirements and helps you determine if you or your spouse qualifies. It even provides guidance on proper documentation of hours, which is crucial if you ever get audited. It suggested my husband keep a detailed log of all real estate activities with dates and times. For complex situations like depreciation recapture, the tool actually provides forward-looking tax planning. It calculates potential recapture taxes if you were to sell at different price points and timeframes, helping you plan the optimal time to sell. It also has a built-in audit risk assessment that flags potential issues - in my case, it warned that our large losses might attract attention and suggested additional documentation we should keep on file just in case.
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Natasha Volkova
I was super skeptical about AI tax tools until I tried taxr.ai last month. I've been arguing with my accountant for years about whether I could claim rental losses against our regular income (my wife is a real estate agent too). The accountant kept saying no, but I suspected he was wrong. Uploaded our docs to taxr.ai and within minutes it confirmed my suspicion - we qualified for the real estate professional exception! The tool explained exactly why we qualified and provided specific tax code references I could show my accountant. We ended up filing an amended return for the last three years and got back over $12,000 in tax refunds. The documentation it created for supporting the real estate professional status was incredibly detailed and something my accountant had never properly explained.
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Javier Torres
If you're trying to get the IRS to clarify anything about your real estate professional status or depreciation questions, good luck reaching them by phone! I spent weeks trying, constantly getting disconnected or waiting hours. Finally found Claimyr (https://claimyr.com) and watched their demo at https://youtu.be/_kiP6q8DX5c - they actually got me connected to a real IRS agent within 15 minutes. I had specific questions about material participation rules for my wife's real estate activities and how they applied to our rental property losses. The IRS agent gave me clear guidance that yes, depreciation can create losses beyond the rental income, and with my wife being a realtor, we could claim those losses against our other income. They also explained exactly what documentation we needed to maintain to support her real estate professional status. Saved me so much stress and potentially an audit!
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Emma Davis
•Wait, how does this actually work? The IRS phone system is notoriously impossible to navigate. Are they just using automated dialers or something?
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CosmicCaptain
•No way this works. I've been trying to reach the IRS for months. They have hold times of 2+ hours. How could any service possibly get you through faster than everyone else? Sounds like a scam to me.
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Javier Torres
•It's not using auto-dialers - that wouldn't work with the IRS system. From what I understand, they use a combination of technology that navigates the IRS phone tree and holds your place in line. When an agent is about to answer, you get connected directly to them. It absolutely works! I was skeptical too, but after weeks of frustration, I was willing to try anything. The difference is they have systems monitoring IRS call patterns and optimal times to call. They got me through on my first attempt after I'd failed dozens of times on my own. The best part was being able to get specific guidance on my wife's real estate professional status directly from an IRS agent, which gave me confidence in claiming those rental losses against our W2 income.
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CosmicCaptain
I have to eat my words about Claimyr. After posting my skeptical comment earlier, I decided to give it a try since I was desperate to resolve my rental property depreciation questions before filing. Got connected to an IRS agent in about 20 minutes (beats my previous 2+ hour waits that usually ended in disconnections). The agent confirmed that I could indeed claim depreciation losses beyond my rental income since my spouse qualifies as a real estate professional. They even explained how to document her hours properly to support this position if we ever get audited. The agent also pointed me to a specific IRS publication that covers this exact scenario. Would have taken me weeks to get this information on my own. Now I can confidently claim those depreciation losses against our W2 income and the tax savings will be substantial.
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Malik Johnson
This is actually one of the best tax benefits for couples where one spouse is a real estate professional! To answer your original question simply: Yes, depreciation can absolutely create a loss even if your rental income just covers expenses. For example, if you have: Rental income: $24,000/year Expenses (mortgage interest, taxes, HOA, repairs): $23,500/year Income before depreciation: $500 Annual depreciation (building value ÷ 27.5): $9,000 Your rental activity would show a $8,500 loss that you can use to offset your W2 income. Without the real estate professional exception, this would be limited by passive activity rules for most people. Make sure you properly document your spouse's time in real estate activities though - that's where most people get tripped up in audits!
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Isabella Ferreira
•Do you know if property management time counts toward the 750 hours? I spend about 10 hours a week managing our rentals, but I'm not sure if that's enough to qualify.
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Malik Johnson
•Yes, property management time absolutely counts toward the 750 hours requirement, so your 10 hours weekly would give you about 520 hours annually. However, that alone wouldn't reach the 750-hour threshold. The bigger issue is that you also need to spend more than half your total working time on real estate activities to qualify as a real estate professional. So if you have a full-time job outside of real estate (say 2,000 hours/year), your 520 hours of property management wouldn't meet the "more than half" test. This is why it's often easier for one spouse to qualify if they're primarily focused on real estate activities.
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Ravi Sharma
My CPA initially told me I couldn't claim rental property losses against my W2 income, but after showing him the exact IRS rules about my wife's real estate professional status, he changed his tune. Not all tax preparers understand these nuances! The depreciation absolutely can create a loss, and with a real estate professional spouse, you can use those losses against other income. We've been doing this for 3 years and saving about $7k annually in taxes. Just make sure you're calculating the depreciation correctly. You'll need to separate the building value from the land value (land isn't depreciable) and use the 27.5 year schedule for residential rental property.
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Freya Thomsen
•How do you determine the split between land and building value for depreciation purposes? My county tax assessment breaks it down, but I've heard that's not always the best method.
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