Passive Loss Rules

The passive loss rules limit a taxpayer's ability to deduct losses from passive activities (including most rental real estate) against non-passive income — losses are suspended and carried forward until offset by passive income or disposition of the activity.

What it means

IRC § 469 treats most rental real estate as passive activity, meaning losses can only offset passive income. Exceptions: (a) active real estate investors may deduct up to $25,000 of rental losses against ordinary income (phased out for AGI $100K–$150K); (b) real estate professionals who meet material participation requirements can treat rental activity as non-passive.

Suspended passive losses carry forward indefinitely and are released in full when the taxpayer disposes of the activity in a taxable transaction. This is why some CRE investors accumulate suspended losses for years and deploy them at property sale.

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