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Tax, SDIRAs & Cost Segregation

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Ryan Fox
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taking advantage of passive losses

Ryan Fox
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  • Attorney
  • NV and CA
Posted Mar 24 2024, 09:27

Tax question. I am not a real estate professional. However, I accumulate a good amount of passive activity losses from rental properties. An opportunity has come along to partner or JV with a company that does a number of house flips. I would be the capital provider and not be active in the partnership. Is there a way to structure the relationship so that I get passive income that offsets my passive losses, thus resulting in no tax owed? Thanks in advance!

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Zachary Jensen
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Zachary Jensen
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#4 Tax, SDIRAs & Cost Segregation Contributor
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Replied Mar 25 2024, 06:57
Quote from @Ryan Fox:

Tax question. I am not a real estate professional. However, I accumulate a good amount of passive activity losses from rental properties. An opportunity has come along to partner or JV with a company that does a number of house flips. I would be the capital provider and not be active in the partnership. Is there a way to structure the relationship so that I get passive income that offsets my passive losses, thus resulting in no tax owed? Thanks in advance!

 Hey Ryan, (in general) your passive income will be offset by these prior passive losses since they carry forward :) 

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Basit Siddiqi
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Basit Siddiqi
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Replied Apr 27 2024, 14:12

If you structure the deal where you are a non-managing member or limited partner with no say in operations, you will be deemed passive and your income will be passive income.

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Zachary Jensen
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Zachary Jensen
Tax & Financial Services
#4 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • San Diego, CA
Replied Apr 29 2024, 04:41
Quote from @Zachary Jensen:
Quote from @Ryan Fox:

Tax question. I am not a real estate professional. However, I accumulate a good amount of passive activity losses from rental properties. An opportunity has come along to partner or JV with a company that does a number of house flips. I would be the capital provider and not be active in the partnership. Is there a way to structure the relationship so that I get passive income that offsets my passive losses, thus resulting in no tax owed? Thanks in advance!

 Hey Ryan, (in general) your passive income will be offset by these prior passive losses since they carry forward :) 


 Something i wanted to add to my answer here: These losses carrying forward can offset gains from stocks. I was lucky enough to have a small penny stock I was allocated to hit and used my real estate passive losses to make my gain tax free :) Sometimes we get lucky!