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Noah Irving

Can someone explain how passive activity loss limits work for rental properties?

I think I've got a general idea about passive activity loss limits, but I'm a bit confused on the details. From what I understand, if your rental income is 100k or less annually, your passive activity loss limit would be up to 25k, right? So I could only deduct a maximum of 25k in rental expenses if my income is 100k or less annually? And then if your income goes over 150k, you can't deduct that 25k anymore? Does this mean I can't deduct ANY expenses from my rental income if I earn over 150k? That seems crazy harsh! Also, what happens in that middle ground between 100k and 150k? Is there some kind of partial deduction or phase-out formula? I'm trying to figure out my tax situation for next year since I'm considering getting into real estate investing, and I want to understand these passive activity loss rules before jumping in.

Vanessa Chang

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The passive activity loss rules are a bit more nuanced than that. Let me clarify: The 25k allowance you're referring to is actually a "special allowance" for rental real estate activities with active participation. If you actively participate in your rental activities and your modified adjusted gross income (MAGI) is less than 100k, you can deduct up to 25k in passive losses against your other income (like your W-2 wages). Between 100k and 150k MAGI, there's a phase-out. For every $2 your MAGI exceeds 100k, your 25k allowance is reduced by $1. So at 110k MAGI, your allowance would be 20k, at 120k it would be 15k, and so on until it completely phases out at 150k. If your MAGI exceeds 150k, you can't use the special allowance, but this doesn't mean you can't deduct rental expenses at all! You can still deduct expenses against your rental income - you just can't use rental losses to offset other types of income at that point.

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Madison King

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So if I'm understanding correctly, if my MAGI is over 150k, I can still write off expenses against my rental income (so I only pay tax on my net rental profit), but I just can't use rental losses to reduce my other income like from my job? Also, does being a "real estate professional" change any of this? I've heard that term mentioned before.

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Vanessa Chang

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That's exactly right - you can always deduct legitimate rental expenses against your rental income regardless of your MAGI. The passive activity loss limits only affect your ability to use rental losses to offset other income like your salary. Being a real estate professional does change things significantly. If you qualify as a real estate professional under IRS rules (which requires working 750+ hours per year in real estate activities and more time in real estate than any other occupation), your rental activities are no longer considered passive. This means you can deduct rental losses against any type of income without the 25k limit or MAGI restrictions. It's a huge benefit for those who qualify, but the requirements are strict and you need to maintain detailed time logs to prove your hours if audited.

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Julian Paolo

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After struggling with these passive loss rules for years, I finally found a solution that helped me understand my specific situation. I was confused because I had multiple properties and some were making money while others were losing money, and I couldn't figure out if I qualified for any deductions. I used this tool at https://taxr.ai that analyzes all your rental property documentation and tells you exactly how the passive activity loss rules apply to your situation. It showed me that I was actually eligible for partial deductions I didn't know about and explained the phase-out calculation between 100k-150k really clearly. The best part was that it analyzed my past returns and found that I had been carrying forward losses I could have been using. Definitely worth checking out if you're getting into rental properties!

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Ella Knight

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Did it give specific advice for your tax situation or just general information? I'm curious if it would help with my Airbnb property that I'm not sure how to classify under these rules.

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I'm skeptical about tax AI tools. How does it handle the active participation requirements? Because that's not just about hours worked but also making management decisions, etc. Did it actually ask for that kind of detailed information?

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Julian Paolo

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It gave me specific advice based on my property details and income level. For your Airbnb situation, it would definitely help because it specifically asks about short-term rentals and how involved you are in the management. Regarding active participation, it actually does a thorough job with this. It asked me detailed questions about my involvement in each property - things like whether I make management decisions, approve tenants, approve repairs, set rental terms, etc. It wasn't just about hours worked but the nature of my involvement. It then explained which of my properties qualified for the special allowance based on my participation level. Very comprehensive analysis that went beyond what my previous accountant had explained.

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I have to admit I was wrong about tax AI tools. After expressing skepticism in my previous comment, I decided to give https://taxr.ai a try with my complicated rental property situation (4 properties, some with losses, some with gains). The analysis it provided was surprisingly detailed and personalized. It showed me exactly how the phase-out formula works for my income level and identified that two of my properties actually qualified for the real estate professional exception based on documentation I already had but didn't realize was relevant. It also explained the "grouping election" option that lets you combine rental activities for the passive loss test - something my previous accountant never mentioned. Definitely changed my perspective on how to handle these passive activity losses!

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If you're struggling to get clear answers about passive activity losses, I feel your pain! I spent TWO WEEKS trying to reach someone at the IRS to clarify my situation with rental losses at different income levels. Kept getting disconnected or waiting for hours. Finally used https://claimyr.com to get through to a real IRS agent (you can see how it works here: https://youtu.be/_kiP6q8DX5c). Got connected in about 25 minutes instead of the hours I'd been wasting. The agent confirmed everything about the phase-out range and even explained how suspended losses work - basically any losses you can't use this year because of income limitations get carried forward indefinitely until you either have passive income to offset them or you dispose of the entire activity. Huge relief to get official answers rather than guessing!

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Jade Santiago

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Wait, how does this actually work? You pay someone to wait on hold with the IRS for you? That seems too good to be true.

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Caleb Stone

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Sounds fishy to me. The IRS barely answers their own phones - why would they be more responsive to some third-party service? And even if you get through, most phone agents give inconsistent answers anyway. I'd rather trust a CPA who specializes in real estate.

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It's actually pretty simple - they use technology to navigate the IRS phone system and wait in the queue for you. Then when they reach a real human, they call you and connect you directly to the agent. You're not paying for better IRS service - you're paying to not waste hours of your life on hold. Regarding inconsistent answers - that's true with any phone support, but I took detailed notes and specifically asked for the IRM (Internal Revenue Manual) reference for the passive activity loss rules. The agent directed me to the specific sections that addressed my questions. Having official documentation references was way more valuable than just verbal advice, whether from the IRS or a CPA.

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Caleb Stone

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I have to eat my words on this one. After being skeptical about Claimyr in my earlier comment, my tax situation got urgent when I received a notice questioning my rental loss deductions. With the filing deadline approaching, I couldn't get an appointment with my CPA in time. Out of desperation, I tried https://claimyr.com and was connected to an IRS tax law specialist within 35 minutes. The specialist walked me through exactly how the passive activity loss limits applied to my situation and confirmed that I had been calculating the phase-out correctly. They even sent me follow-up documentation to support my position if I get questioned again. For anyone dealing with these complex passive loss rules, getting direct confirmation from the IRS saved me a ton of anxiety. Never thought I'd be recommending a phone service, but here we are!

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Daniel Price

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Just to add something important that hasn't been mentioned yet - the passive activity loss limits also depend on your filing status! If you're married filing separately and live with your spouse at any time during the year, your special allowance is limited to $12,500 (half of the normal $25,000) and the phase-out range starts at $50,000 instead of $100,000. Also, remember that passive losses that are disallowed in the current year don't disappear - they're suspended and carried forward to future tax years when you either have passive income or dispose of the entire activity in a taxable transaction.

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Olivia Evans

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Does this mean if I sell a rental property that has accumulated suspended passive losses over several years, I can then use all those losses at once? Even if my income is over the 150k threshold?

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Daniel Price

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Yes, that's exactly right! When you dispose of the entire interest in a rental property in a fully taxable transaction, you can deduct all the suspended passive losses related to that property. This is true even if your income is over the 150k threshold. This is actually one of the most valuable aspects of the passive loss rules - those disallowed losses aren't gone forever, they're just waiting for the right time to be used. It's one reason why keeping excellent records of your disallowed losses year after year is so important.

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Something else to consider - if your rental property is in an opportunity zone, there might be additional tax benefits that interact with these passive activity loss rules. We bought a small rental in a designated opportunity zone last year and not only were we able to defer capital gains from another investment, but the way it affected our passive activity calculations was significant.

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Aiden Chen

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Can you explain more about how opportunity zone investments affected your passive activity calculations? I'm considering an opportunity zone property but mostly looking at the capital gains benefits, hadn't considered passive loss implications.

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Zoey Bianchi

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Here's another wrinkle - if any of your rental property is short-term (like Airbnb or VRBO where average stay is 7 days or less), it falls under different rules and might not qualify for the $25k special allowance at all regardless of your MAGI. Those properties are considered nonresidential and have different passive activity classifications. I learned this the hard way last year when I converted one of my long-term rentals to a vacation rental and discovered I couldn't use those losses against my other income even though I was below the MAGI threshold. Real estate tax rules are full of fun surprises!

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