Quote from danoXP:
Passive Real Estate losses can only be offset against passive real estate gains. If you are reporting a passive real estate loss, and you have a good CPA, he is probably carrying that loss forward to the future, until, someday, when you have a real estate gain, you can then subtract if from your income. It is similar to capital gains (losses) rule, except that there is no $3000 allowance against income (like capital losses).
If you declare your real estate losses as "active", then they can be offset against all income, however, this is an IRS audit red flag if you get a W2 from an employer (you therefore cannot be active).
Here is the IRS explaination:
http://www.irs.gov/businesses/small/industries/article/0,,id=98881,00.html
I recommend downloading the Audit Guide and checking yourself against the "7 tests" in Chapter 5.
Thanks for the information. I researched it. In a way, we are both right. As you correctly stated, even losses stemming from active participation in a real estate venture (i.e., Joe Schmo Landlord) is considered under the non-passive income/loss provisions. However, I found this little nugget straight from their website:
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If you meet any of the exceptions listed above, see the instructions for Form 8582 for information about how to report any income or loss from the activity.
Special $25,000 allowance. If you or your spouse actively participated in a passive rental real estate activity, you can deduct up to $25,000 of loss from the activity from your nonpassive income. This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities. Similarly, you can offset credits from the activity against the tax on up to $25,000 of nonpassive income after taking into account any losses allowed under this exception.
If you are married, filing a separate return, and lived apart from your spouse for the entire tax year, your special allowance cannot be more than $12,500. If you lived with your spouse at any time during the year and are filing a separate return, you cannot use the special allowance to reduce your nonpassive income or tax on nonpassive income.
The maximum special allowance is reduced if your modified adjusted gross income exceeds certain amounts. See Phaseout rule, later.
Example.
Kate, a single taxpayer, has $70,000 in wages, $15,000 income from a limited partnership, a $26,000 loss from rental real estate activities in which she actively participated, and less than $100,000 of modified adjusted gross income. She can use $15,000 of her $26,000 loss to offset her $15,000 passive income from the partnership. She actively participated in her rental real estate activities, so she can use the remaining $11,000 rental real estate loss to offset $11,000 of her nonpassive income (wages).
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So for us regular folks, you can still write off up to $25,000. For me personally, I have a decent paying white collar day job, but because my wife doesn't work, I get tax credits from 3 kids, and the fact that I get the $25,000 write-off (or damn close to it), I paid almost no tax last year (like...less than you might have in your car's ashtray). So anymore write-off than that would be wasted anyway (for me), unless I had so many properties that I had to quit my day job...and at that point, I'm betting I would be considered a "real estate" professional.
So it seems that the write-off they do give you is applicable for the casual landlord until they own a few to several properties.
Thank God, you had me worried about my CPA for a minute there.
SM