Limiting tax exposure

[Ali Hashemi]

This year my AGI was over $150k and therefore passive income loss limitations eliminated my ability write off losses from my rentals. I am not a real estate professional and I don't see that as a viable path at this time.

How do real estate moguls (like DJT) deduct their expenses....they're certainly over the $150k cap and certainly writing off more than the $25k limit. What are they doing?

I have a great deal of expenses: renovations, travel, supplies, legal, marketing etc....these expenses often put me in the loss category on my rentals, but I'm a long term hold investor. I'm not looking for cashflow, I'm seeking long term equity and property value appreciation. Therefore I don't mind the losses, however I want to deduct these losses. 

What legal but creative solutions are there to be able to either a) lower my AGI or b) be able to deduct these losses?

Some thoughts I had:

1) Open another business that doesn't qualify as "passive-income" so that I can write off the expenses?

2) Put the properties in a trust and write off the expenses associated with the trust?

3) Give a gift to a family member each year to lower my AGI? If I give a gift is it tax free on both?

...etc

[Michael Plaks]

@Ali Hashemi

You did not mention the source of your $150k+ income, so I assume it's from a full-time W2 job. You also did not mention being married, so I assume you're not. If my assumptions are correct, you're stuck with your losses being locked up. Your best bet is to marry someone who will be full-time in real estate. ;) 

None of your three ideas allow you to defeat the temporary hold on your rental losses. The key word is "temporary."  You will get to deduct these losses eventually - either when you sell one of the properties or when you have passive income from some other investments. 

Also, you confuse cash outlay with deductible expenses. Renovations are not deductible, they are taken as a slow depreciation deduction over many years.