Rental Business: Active vs Passive Income

Rental Business: Active vs Passive Income

Member since 2022 · 4 posts · 3 votes

Hi,

I think I understand the difference between active and passive income. Passive income applies to most small landlords/owners as they collect rent from tenants. This also applies to investors who collect interest or dividends from stocks. I think investors can use expenses to reduce their taxable income, with the hope of reducing it to zero. However I think it's bottoms out at zero - any losses become NOLs which the investors hopefully can use to reduce future taxable income.

Conversely, active income applies to the landlord who is rolling up his sleeves and getting much more involved in his rental business. Maybe he spends 20 hours a week doing financial modeling, managing the budget, or visiting his properties. I'm not sure what the exact definition would be. I believe that one big difference with active income is that you MUST pay self-employment tax on it, whereas passive income is exempt from this requirement. I believe the same concept of NOLs apply to active income as well - once your income reaches zero, any further loses become NOLs and are used in the future to reduce taxable income. The other big difference I've heard is that you are easily able to deduct other expenses which support your income-generating activity.

My big question is - what else is the main advantage of active income over passive income? Isn't it true that under both scenarios, you are able to deduct expenses which support that income-generating activity (e.g. deducting fees paid to show your listing online, deducting interest expense, deducting HOA dues, etc). If this is all true, I don't really see a benefit to being labeled as Active Income vs Passive Income (from the IRS' perspective).

Thanks

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  • Joe SplitrockPro Member
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    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    4y

    @Bradley Pitts not exactly. Per the IRS, all rental property investing is considered passive income. The differentiation is material participation or participation as a real estate professional. These differentiations determine if you can take passive losses against active income. Active income is from salary or commissions. An active business is one which you actively participate, like house flipping. This should not be confused with rental properties, where you may participate, but it is considered material participation. 

    Material participation means you are actively managing the property making key management decisions. There is no minimum time threshold, but generally if you are hand off on managing your property, then you are not materially participating.  Anyone who materially participates can take rental losses against active income, up to certain thresholds. This is called passive activity loss limitations. You can deduct up to $25,000 of passive losses against active income. The actual loss limit starts decreasing when you reach $100,000 and ends at $150,000.

    Real estate professional status allows you to deduct all your passive losses against active income. To meet this designation you must be in a real estate profession, such as a real estate agent or full time investor. You must work 750 hours a year in this profession and it must be where you spend more than half of your time working. In other words if you had a full time job in a non real estate profession, it would be impossible to be a real estate professional. 

    As far as the tax deductions you mentioned, you can claim all these deductions regardless of status. The difference is how you treat a tax loss. If you can't claim it in the current year, you will need to carry it forward to future years.

    https://www.irs.gov/pub/irs-pd...

  • Member since 2022 · 4 posts · 3 votes
    4y

    Thank you @Joe Splitrock

    That is very helpful. That makes sense, the ability to reduce the taxable income of your normal day job. So as an example, let's assume you made $100,000 doing your day job and the reduced this to $75,000 because of random deductions. If you are a fully active REI/landlord on the side, where you managed to generate -$10,000 in net losses, then you could probably reduce your $75,000 of taxable income down to $65,000. And as you mentioned, if the net losses were greater than -$25,000, you'd be capped at $25,000.

    That is definitely meaningful and not immaterial

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