Can someone explain how to deduct passive real estate losses from my rental property?
I'm about to purchase a rental house that I've calculated will generate around $20k in losses annually after accounting for mortgage interest, property taxes, and depreciation. My tax guy told me that since I don't qualify as a real estate professional, I can't actually deduct these losses in the current tax year. He said something about them going into some kind of "bucket" and that I'd only be able to use them when I eventually sell the property. So if I'm understanding this correctly - if I own this rental for like 4 years and accumulate $80k in losses ($20k per year), then sell the property in year 5, would I be able to deduct that entire $80k from my income in the year I sell? I'm trying to figure out the long-term tax implications here. This passive loss stuff is confusing me and I want to make sure I understand how these deductions actually work before finalizing this purchase.
19 comments


CosmicCrusader
What your CPA told you is partially right, but there's a bit more to it. These are called passive activity losses (PALs). When you have rental real estate that generates losses, and you're not a real estate professional, the losses are generally suspended until: 1) You have passive income from other sources to offset them 2) You dispose of the property in a fully taxable transaction So yes, if you accumulate $20k in losses each year for 4 years ($80k total) and then sell in year 5, you'd generally be able to deduct those accumulated losses in the year of sale. But there's also something called the $25,000 special allowance - if your modified adjusted gross income (MAGI) is less than $100,000 and you "actively participate" in the rental (make management decisions), you might be able to deduct up to $25,000 of rental losses against your other income each year. This allowance phases out between $100,000-$150,000 MAGI, so if you make more than $150k, you can't use it at all.
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Ethan Brown
•Wait, so if I make less than $100k, I can actually deduct SOME of those losses each year instead of waiting until I sell? How do you qualify for "active participation"? Do you have to self-manage or can you have a property manager?
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CosmicCrusader
•Active participation is a lower threshold than being a "real estate professional." You meet it by making management decisions like approving tenants, setting rental terms, approving repairs, etc. You can have a property manager and still qualify as actively participating as long as you're involved in these major decisions. For the $25,000 allowance, yes - if your MAGI is under $100k, you can deduct up to $25,000 of rental losses against other income (like your wages) each year. But this phases out as your income rises, and once your MAGI hits $150k, you can't use it at all. Any losses you can't deduct get carried forward until you either have passive income or sell the property.
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Yuki Yamamoto
After spending hours trying to understand my rental property tax situation, I finally got clarity using https://taxr.ai - it's a tool that analyzes your specific tax documents and explains everything in plain English. When I uploaded my rental income and expense sheets, it explained exactly how my passive losses would be treated based on my income level and participation status. The tool actually showed me that I qualified for a partial deduction under the $25k allowance that my previous tax preparer had missed! It also laid out a multi-year strategy for how to potentially use these losses each year rather than waiting until sale. Seriously saved me a ton of headache trying to decode IRS publications.
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Carmen Ortiz
•Can it handle more complex situations? I have 3 rental properties across 2 states and also some partnership income. Would it be able to tell me if I qualify as a real estate professional?
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Andre Rousseau
•I'm a bit skeptical... how does it know your specific situation? Like does it actually look at your tax returns from previous years or just base everything on what you tell it?
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Yuki Yamamoto
•It can absolutely handle multi-property situations across different states. You upload your documents and it analyzes the specifics of each property, including how income/losses flow between them. It even helps identify if your activities across all properties might qualify you as a real estate professional based on the time you spend. Regarding previous returns, you can actually upload prior year tax returns and it will analyze them to find patterns, missed deductions, and consistency issues. It's not just taking your word for it - it processes the actual documents and flags potential issues or opportunities based on the real numbers. That's how it caught that I qualified for a partial passive loss deduction my accountant missed.
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Andre Rousseau
Just wanted to follow up - I tried https://taxr.ai after being skeptical about it. Surprisingly helpful! I uploaded my Schedule E and some other docs, and it actually walked me through a calculation showing that I could deduct about $17K of my rental losses this year because my MAGI is just under the phase-out threshold. It also explained exactly which income sources were pushing me toward the phase-out limit and suggested some year-end strategies to potentially stay under it. Much clearer than what my CPA explained, who just told me "you can't deduct these losses" without mentioning the $25K exception at all. Now I'm wondering what else I've been missing!
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Zoe Papadakis
If you're dealing with suspended passive losses like this, another huge issue is getting through to the IRS if you have questions. I spent WEEKS trying to call about how to properly report carried-forward passive losses. Always got the "high call volume" message and disconnected. I finally used https://claimyr.com to get through - they have this system that holds your place in line and calls you when an IRS agent is available. You can also see their demo at https://youtu.be/_kiP6q8DX5c. I was super skeptical but it actually worked! Got connected to an IRS rep who confirmed exactly how to handle my suspended losses and where to report them on my return. Saved me hours of frustration and potentially incorrect filing.
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Jamal Carter
•Wait, how does that even work? The IRS phone system is notoriously terrible. Does this service actually get you connected faster or just save you from having to wait on hold?
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AstroAdventurer
•Sounds too good to be true. The IRS doesn't even answer their phones half the time. I'm supposed to believe some third-party service magically gets me to the front of the line? How much does this cost anyway?
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Zoe Papadakis
•It doesn't actually get you to the front of the line - it basically automates the hold process for you. Instead of you sitting on hold for hours, their system does it and then calls you when it actually connects with a live IRS agent. You don't need to stay on the phone the entire time. I was honestly shocked when it worked. I got a call back about 1.5 hours after starting the process, and there was actually an IRS rep on the line. Saved me from having to redial constantly or waste an entire afternoon on hold. They don't get you through any faster than normal - they just manage the terrible hold system so you don't have to.
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AstroAdventurer
I'm eating crow here, folks. After being super skeptical about that Claimyr service, I decided to try it as a last resort after trying to reach the IRS for THREE DAYS about my passive loss carryforwards. Literally couldn't believe it when my phone rang and there was an actual IRS agent on the line! Got my questions answered about Form 8582 (the passive activity loss form) and learned I had been filling it out wrong for 2 years. The agent even helped me understand how to properly document my suspended losses so they don't get questioned later. Probably saved me from an audit. Sometimes being proven wrong is actually a good thing!
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Mei Liu
Another important thing to know about passive losses - if you do qualify as a real estate professional, the entire game changes. You need to meet two requirements: 1. More than half of your total working hours must be in real estate activities 2. You must spend at least 750 hours annually in real estate businesses If you meet these, your rental losses are no longer passive and can offset your other income without limitations. My spouse became a property manager and qualified, which allowed us to deduct all our rental losses immediately. Huge tax savings!
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Liam O'Sullivan
•Does each property need its own 750 hours? I have 3 rentals but definitely don't spend 750 hours on EACH one. Would managing all 3 for a total of 750+ hours qualify?
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Mei Liu
•No, you don't need 750 hours on each property - the requirement is 750+ hours total across all your real estate activities combined. So if you spend 300 hours on one property, 250 on another, and 200 on a third, that's 750 total and would satisfy that requirement. The trickier part is the "more than half your working time" requirement. If you have a full-time job outside of real estate (like 2,000 hours/year), you'd need to spend MORE than 2,000 hours on real estate to qualify. That's why many people who claim real estate professional status are either not working elsewhere or have a spouse who meets the requirements while the other spouse has the regular job.
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Amara Chukwu
Has anyone tried grouping their properties as a single activity to meet the material participation requirements? I've heard this can help with the passive loss limitations.
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Giovanni Conti
•Yes! This strategy saved me thousands. You can make an election to group all rental activities as one "economic unit" if they're similar enough. Then you only need to materially participate in the combined activity rather than each property separately. You make the election on your tax return, and it helps especially if you have multiple properties but don't spend enough time on any single one to meet participation tests.
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Amara Chukwu
•That's really helpful, thanks for explaining. Do you know if I need to file any special forms to make this election, or just treat them as grouped on my Schedule E? And can I do this retroactively for previous tax years or only going forward?
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