Not exact matches
In contrast to part - time landlords, taxpayers who qualify as
real estate professionals don't need to treat rental
losses as
passive.
(Qualified
real estate agents do not consider these
passive losses because
real estate activity counts as their active income.)
Ample deductions, depreciation, capital gains tax rates, 1031 exchanges and
passive activity
loss rules all stem from a framework of policies that promote
real estate investment.
Lynn specializes in
real estate tax issues, including property transfers,
passive activity
losses, and bankruptcy issues.
(Qualified
real estate agents do not consider these
passive losses because
real estate activity counts as their active income.)
If you meet this exception, then none of your rental
real estate income and
loss are subject to the
passive loss rules.
The first exception to the rental
real estate passive loss rule is the
real estate professional exception.
If you lived with your spouse at any time during the year, you can not deduct a
loss from
passive rental
real estate activity.
Here, in the US, we have a stripped down version of negative gearing for rental properties - its called «rental
real estate activity
passive losses», and investors can deduct
losses against current income, but up to a certain limit, with phase - out at high income levels.
The level of involvement that
real estate owners must meet to qualify to deduct up to $ 25,000 of
passive losses from rental
real estate.
One very effective and immediate way to make more home deals financially attractive to investors is to revise the current limitations on tax deductions for
passive losses incurred from
real estate investments.
While
passive loss rules severely restrict the ability to deduct rental property
losses from other nonrental income,
real estate professionals can claim an exemption.
We haven't had to pay taxes since 2012 due to
real estate losses and the
real estate being active, not
passive.
The Tax Court has considered whether an exception to the
passive activity
loss rules only cover licensed
real estate brokers or applies to all
real estate professionals.
Based on the time spent by the Fowlers managing their
real estate properties and because the Company's activities were related to a
real estate business or trade, the Taxpayer claimed that he qualified as a
real estate professional under the Code's definition and was exempt from the Code's
passive - activity
loss requirements.
You don't need to be a
real estate professional to claim depreciation, only to claim
passive losses beyond the threshold that applies to others.