Fisher,
Thanks for your two bit advice; but I have great lawyer, a great CPA, and awesome broker. Maybe you do not know as much as you claim to. My only advice on this board is to get advice from a professional.
FYI, see below.
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 ? Deducting Passive Income and Losses
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).
The key in your quote is actively participated in the passive rental income activity. In my example, I mention using a real estate manager to handle the renting of my property. In that case, the losses are not allowed. If in your example, you are totally mananging the rental property activity and not using an agent, then you can deduct up to $25k. If you use a management company to handle your rentals as the majority of folks do, then you do not qualify for the exemption.