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Partnerships and S corporations use Form 8825 to report income and deductible expenses from rental real estate activities, including net income (loss) from rental real estate activities that flow through from partnerships, estates, or trusts.
An individual may only deduct passive losses, such as rental losses, to the extent that they have passive income coming in from other sources, including other rental properties.
Rental real estate proceeds are considered to be passive income, like stock profits. The tax code considers rental losses to be passive losses. In general, fewer taxpayers qualify for such deductions. By definition, they are not earned income.
If you own a part interest in a rental real estate property, report only your part of the income and expenses on Schedule E. Complete lines 1a, 1b, and 2 for each rental real estate property. For royalty property, enter code 6 on line 1b and leave lines 1a and 2 blank for that property.
Rental activity is normally considered a passive activity. Because of this, any losses on rental property that cannot be offset by rental property income are disallowed (unallowed).
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Ways the IRS can find out about rental income include routing tax audits, real estate paperwork and public records, and information from a whistleblower.
If you actively participated in a passive rental real estate activity, you may be able to 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.
Under the passive activity rules you can deduct up to $25,000 in passive losses against your ordinary income (W-2 wages) if your modified adjusted gross income (MAGI) is $100,000 or less. This deduction phases out $1 for every $2 of MAGI above $100,000 until $150,000 when it is completely phased out.