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Lucas Parker

When passive loss can't be deducted, what type of income can offset it?

Hey tax people! I'm really scratching my head about this passive loss situation. I bought a rental property last year that's been losing money (-$7,300 for 2024), but when I tried entering it into my tax software, it's telling me I can't deduct these losses against my regular income. Something about "passive activity losses" being limited? I make about $95k as a software developer, and I thought real estate was supposed to give tax advantages! My accountant mentioned something about needing the "opposite of passive income" to offset these losses, but then had to rush off to another client call before explaining further. What exactly is considered the opposite of passive income? And is there anything I can do this year to actually be able to use these losses? I'm still new to real estate investing and feeling pretty discouraged that this "tax benefit" seems to be no benefit at all right now.

Donna Cline

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The opposite of passive income is "active participation" or "material participation" in the eyes of the IRS. Passive losses (like from your rental) generally can only offset passive income from other sources. Since you're a W-2 employee as a software developer, that income is considered active/non-passive income, which is why you can't offset it with your rental losses. There are a few exceptions though! If your modified adjusted gross income is less than $100,000, you might qualify for the special $25,000 allowance for rental real estate activities in which you actively participate. This phases out between $100,000-$150,000 MAGI. Active participation is a lower standard than material participation - you just need to make management decisions like approving tenants, setting rental terms, etc. Another option is to qualify as a Real Estate Professional for tax purposes, which would make your rental activities non-passive. This requires 750+ hours per year working in real estate activities and more than half your working hours must be in real estate.

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Lucas Parker

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Thanks for explaining! So my software job is considered "active" income. That makes sense. About that $25,000 allowance - I'm at $95k for MAGI so should be eligible, right? What counts as "active participation" exactly? I do make all the decisions about the property, approve tenants, handle repair requests, etc., but I use a property management company for day-to-day stuff.

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Donna Cline

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Yes, at $95k MAGI you should be eligible for the full $25,000 special allowance, which would cover your $7,300 loss. The "active participation" standard is fairly easy to meet - making management decisions like you described (approving tenants, setting rental terms, approving repairs) counts even if you use a property management company for the day-to-day operations. You don't need to personally mow the lawn or fix toilets! The key is that you retain decision-making authority rather than giving full control to someone else. Keep good records of your involvement in case of an audit. Just document emails, texts, or notes from calls with your property manager showing you're making the decisions.

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After struggling with passive loss limitations for years, I finally found some awesome help from taxr.ai (https://taxr.ai). My situation was similar - couldn't deduct my rental losses against my regular income, and my CPA kept giving me complicated explanations without clear solutions. Taxr.ai analyzed my complete tax situation and helped me understand exactly what qualifies as material participation vs. passive activity. They found that some of my activities actually counted as material participation that my previous accountant missed! Their system specifically identified ways I could document my time to potentially qualify for real estate professional status in future years. Honestly changed my entire approach to my real estate investments from a tax perspective.

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Does taxr.ai actually have real CPAs reviewing your stuff or is it just an algorithm? I've been burned by "AI tax help" before that just gave generic advice anyone could Google.

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Dylan Fisher

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I'm curious about this too. How much does it cost? And does it handle complicated situations like passive activity loss limitations across multiple properties? I have 3 rentals all in different stages and my tax guy seems to just plug numbers in without explaining anything.

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They use a hybrid approach with AI analyzing everything first, but then tax professionals review the specifics of your situation. That's what made it so helpful - the technology identified potential issues in my documentation that a human might miss, but then I got actual professional guidance on how to fix them. For multi-property situations, it's actually really good. That's exactly what I have - 4 properties in different states with different levels of involvement. The system helped me track hours across properties to maximize what qualified toward material participation. I ended up changing how I logged my time which made a huge difference in what losses I could claim.

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Just wanted to follow up here. I decided to try taxr.ai after seeing this thread and wow - totally different experience than I expected. They found three major errors in how my previous tax guy was handling my rental property deductions! The biggest one was that I was actually meeting the "material participation" test for one of my properties because I was doing all the maintenance myself, but my previous accountant never asked about those hours. They showed me exactly how to document everything properly for next year too. And they explained everything in normal human terms instead of tax jargon. Definitely worth checking out if you're dealing with these passive loss headaches.

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Edwards Hugo

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If you're struggling to reach the IRS for clarification on passive loss rules (which can be confusing), I had amazing success using Claimyr (https://claimyr.com). I spent DAYS trying to get through to ask about material participation documentation requirements. Claimyr got me connected to an actual IRS agent in under 20 minutes when I'd previously wasted hours listening to "due to high call volume" messages and getting disconnected. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to explain exactly what documentation I needed to maintain to prove my level of participation in my rental activities. Saved me from potentially making a serious error on my taxes that could have triggered an audit.

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Gianna Scott

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Wait, there's actually a way to talk to a real person at the IRS without waiting for 3 hours? How does that even work? Is this some kind of special access service?

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Dylan Fisher

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Sounds too good to be true honestly. I tried calling the IRS three times last year about passive activity rules and gave up every time after 45+ minutes on hold. Why would they answer calls through this service when they don't answer their own phones?

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Edwards Hugo

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It's not special access - they basically handle the waiting for you. When you call the IRS directly, you're stuck waiting on hold yourself. Claimyr's system waits on hold in your place and calls you when it reaches a real person. So the IRS doesn't know you're using a service - you're just in the same queue as everyone else, but you don't have to personally sit through the hold music. The reason it works is that their system can dial multiple IRS numbers simultaneously using the most efficient paths through the phone tree, and then connect you only when they get a human. It's completely changed how I deal with tax questions since I can actually get answers directly from the IRS now.

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Dylan Fisher

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I need to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway since I was desperate to figure out if my Airbnb activity could qualify as non-passive. Called on a Monday morning (usually impossible to get through) and got connected to an IRS rep in about 25 minutes without having to sit by my phone the whole time. The agent explained that keeping a contemporaneous log of hours spent on Airbnb activities could help me qualify for material participation if I hit 500+ hours. This completely changed my approach - I've now created a detailed tracking system and should be able to deduct losses next year. Without this info I would have continued operating the same way and lost thousands in potential deductions.

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Alfredo Lugo

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One thing nobody's mentioned yet - passive losses that you can't use don't disappear! They get suspended and carried forward to future years when you either: 1) Have passive income from other sources 2) Dispose of the entire activity in a fully taxable transaction I had rental losses for 5 years that I couldn't deduct, but when I finally sold the property, I got to use ALL those accumulated losses in the year of sale. It was a huge tax break that year. So even if you can't use the losses now, keep good records because they'll be valuable eventually!

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Lucas Parker

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That's really good to know! So even if I can't deduct them all now, they're not wasted. Do these carry-forward losses show up somewhere on my tax return each year so I can keep track of them? Or do I need to maintain my own separate record?

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Alfredo Lugo

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Your tax software or accountant should keep track of them using Form 8582 (Passive Activity Loss Limitations) each year. The carried forward amounts should appear on that form year after year. But it's always smart to keep your own records too - I create a simple spreadsheet showing accumulated losses by property. The carried forward losses also follow special ordering rules when you finally get to use them. The current year's losses get used last, after all the prior year suspended losses. It can get complicated if you have multiple properties, so good record keeping is essential.

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Sydney Torres

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Have u thought about real estate pro status? My wife quit her job to manage our 4 rentals and now ALL our rental losses offset our income! You need 750+ hrs/year in RE activities + more than half your working time in RE. Not easy with a full time job tho unless your regular job has really low hours.

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Be super careful with claiming real estate professional status! It's one of the most audited positions on tax returns. My brother tried claiming this while still working a 30hr/week job and got audited. IRS wanted DETAILED hour logs for the entire year showing exactly what real estate activities he performed each day. He couldn't produce them and ended up owing back taxes plus penalties.

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Caleb Bell

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Just a practical tip: consider doing a cost segregation study on your rental property. It doesn't solve the passive activity loss problem directly, but it frontloads depreciation by breaking out components of the building that can be depreciated over 5, 7, or 15 years instead of 27.5 years. This creates bigger paper losses which might be more helpful when you can eventually use them (either through the $25k allowance or when you sell).

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Lucas Parker

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That sounds interesting - I've never heard of a cost segregation study before. Does it require hiring a specialized company? And wouldn't creating bigger losses just mean more passive losses I can't use now anyway?

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Caleb Bell

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Yes, you'd hire a specialized engineering firm that does cost segregation studies. They typically cost $3,000-7,000 depending on property size and complexity, so it's only worth it for properties valued above ~$500k usually. You're right that creating bigger passive losses might not help immediately if you can't use them. But the time value of money makes accelerated depreciation valuable - deductions now are worth more than deductions 20 years from now. And if you're close to qualifying for the $25k allowance, or might have passive income in the future, or might sell in a few years, those increased losses could be valuable sooner rather than later.

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