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You must pay tax on any profit from renting out property. For California, rental income and losses are always considered a passive activity.
If a taxpayer or spouse actively participated in a passive rental real estate activity, they may be able to deduct up to $25,000 of loss from the activity from nonpassive income. This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities.
Form FTB 3801 is filed by individuals, estates, trusts, and S corporations that have losses (including prior year unallowed losses) from passive activities.
What Are Passive Activity Loss Rules? Passive activity loss rules are a set of tax regulations that prohibit taxpayers from using passive losses to offset earned or ordinary income. The regulations prevent investors from using losses incurred from income-producing activities in which they are not materially involved.
If a taxpayer actively participates in a rental activity, there is an exception allowing for a deduction of up to $25,000 in losses each year. Active participation is a low standard, merely requiring participation in management activities and the like.
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However, for apportioning taxpayers, the California passive investment income is income from California sources. For purposes of the ENPI tax, passive investment income includes royalties, rents, interest, dividends, and annuities as discussed below.
The tax rate on rental income in California depends on your marginal tax bracket, which is determined by your total taxable income and your filing status. California has a progressive income tax system with rates ranging from 1% to 13.3%, depending on your income level and filing status.

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