Real Estate Tax Talk
BY STEPHEN FISHMAN, FRIDAY, SEPTEMBER 14, 2012 Inman News®
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A recent court decision will make it easier for many individuals to qualify as real estate professionals for purposes of the IRS passive loss rules. This will enable more landlords to fully deduct their losses from real estate rentals.
The passive loss rules ("PAL rules") are one of the most confusing areas of taxation. Under these rules, losses from real property rentals are classified as "passive activity losses." These rules permit a rental property to deduct from his other non-passive income, such as salary or other business income, a maximum of $25,000 each year; and even this is phased out if the owner’s adjust gross income exceeds $100,000. Unused losses must be saved for future years.
Luckily for real estate professionals, they can qualify for a special exemption from the passive loss rules -- an exemption nobody else can get. If you qualify, you may deduct any amount of rental activity losses you have for the year from your other income -- such as real estate commission income -- regardless of how high your income for the year may be.
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