Developer · Staten Island, NY · Member since 2009 · 88 posts · 9 votes
So, my parent's are going in on a multifamily investment property (Non owner occupied). Now, there will likely be vacancy for a few months they clean up the property and look for suitable tenants. Their only other income is a pension and social security. My question is: Will they be able to deduct losses against their other ordinary income? From what I understand the law is that you have to be considered a "Real Estate Professional" to be able to deduct against other income. But since they are both retired, and will be using considerable time towards this investment (Possibly 750 hours or more as required), would it be feasible to be considered Real Estate Professional and be able to make deductions (losses) against their other ordinary income (Pension and social security)?
If not, are there any investment property deductions that they could make against their other ordinary income sources?
There is a general rule allowing up to $25,000 of active participation(see below) rental real estate losses as a deduction against nonpassive income.
You will be deemed to be actively participating if you make management decisions in a significant and bona fide sense. Management decisions that are relevant in determining whether a you actively participate include approving new tenants, deciding on rental terms, approving capital or repair expenditures, and other similar decisions.
Note: Your parents must make management decisions with regard to the property, have at least a 10% ownership share in the property, and the cannot be a limited partner. Furthermore, a spouse's ownership interest in the property is taken into account when computing the taxpayer's 10% minimum ownership interest
There is a phase out if your MAGI is above $100,000.