Originally posted by "TN-Apprentice":
Can this offset earned income, or is it only a savings if you have other income-producing properties? If so, are there any rules about (is it unlimited up to your entire tax liability)?
I know, I'll actually contact a qualified CPA and a tax attorney to see how it applies to my particular situation, but I'm also just curious about this in general.
Disclaimer: I'm not a lawyer, nor a CPA.
My understanding is like this:
Yes, the taxable loss can offset earned income, if you can be considered "active" in your investment. The IRS has several criteria for being "active", including stuff like if you are personally liable for the debt, do you make decisions reguarding operation, how many hours you spend managing, stuff that shows you really do have an active role in the investment. Active income (your regular income) can only be offset by active losses. Talk to your tax professional to make sure you meet the criteria.
If you don't meet the criteria, it's a "passive" loss, and can only be used to offset "passive" income, stuff like mutual fund and stock dividents.
And I have known people who were able to shelter 100% of their income through real estate investments.
For those interested, how the tax thing works is like this.
Let's say your regular taxable income is $100,000 this year. I don't know which tax bracket that really puts you in, but let's just call it 30% for our example. If you're in the 30% tax bracket, that means you have to pay $30,000 in taxes.
If you had this property, then even though you really had cash flow, due to depreciation you still have a loss for tax reasons in the eyes of the IRS.
In this example, you have a $-6,864.82 Taxable Loss
That means with this property, now your taxable income is
$93,135.18
and what you pay in taxes taxes is
$93,135.18 * .30 (30%) = $27,940.554
That's $2,059.446 lower total tax bill than you had without the property. If you've paid the $30,000 already through what you had removed from your paycheck, that means refund.