Tax planning for real estate investors and landlords

Rental income can be taxed very differently from wages, and the rules on depreciation, losses and exchanges reward careful planning. This site explains the main tools and the mistakes that cost investors money.

Start with depreciation

The core issues

Depreciation

Residential rental property is generally depreciated over a long recovery period. Cost segregation can accelerate deductions, with trade-offs.

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Passive losses

Rental losses are often limited by the passive activity rules. Real estate professional status and short-term rental rules can change the answer.

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1031 exchanges

A like-kind exchange can defer gain on investment property, but strict deadlines and rules apply.

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Common investor questions

  • Can I deduct my rental losses against my wages?
  • Is cost segregation worth the study fee for my property?
  • What counts as a real estate professional for tax purposes?
  • What happens if I miss a 1031 exchange deadline?
  • Are my short-term rental profits taxed like a business?
  • How should repairs be separated from improvements?

Answers are in our FAQ, with deadlines and current news.

Questions real estate investors keep asking

Short answers on the rental tax topics that surprise investors. Tap a card to read the full answer.

Q 01

Why can a rental show a tax loss while it puts cash in your pocket?

Depreciation is a deduction with no cash cost. A property can produce positive cash flow and still show a loss on the return after depreciation, interest and other expenses.

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Q 02

How long does depreciation last on a rental property?

Residential rental buildings are generally depreciated over 27.5 years and non-residential buildings over 39 years, using straight-line depreciation. Land is not depreciable.

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Q 03

Why do rental losses so often get stuck?

Rental activity is generally passive, and passive losses can usually offset only passive income. Unused losses are carried forward rather than lost, and they can be released when you dispose of the property in a fully taxable sale.

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Q 04

Does the $25,000 rental loss allowance phase out for high earners?

Yes. For individuals who actively participate, it is reduced by 50% of modified adjusted gross income above $100,000 and is gone at $150,000. It does not help most high-income investors.

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Q 05

Is rental income hit by the 3.8% net investment income tax?

It can be. Passive rental income may be net investment income, and the tax applies when income is above $200,000 for single filers or $250,000 for joint filers. Rental income from a real estate trade or business can be treated differently.

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Q 06

Which properties can still be used in a 1031 exchange?

Since 2018, only real property held for business or investment qualifies. Personal property such as equipment, and a personal residence, do not.

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Q 07

What does the 180-day rule really say?

You must identify replacement property within 45 days and receive it by the earlier of 180 days or the due date, including extensions, of your return for the year of the sale. A late-year sale can shorten the window.

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Q 08

What is boot in a 1031 exchange?

Boot is cash or other non-like-kind property you receive, including debt relief that is not replaced. It is generally taxable up to the amount of gain, even though the rest of the exchange is deferred.

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Q 09

When is a short-term rental not treated as a rental?

When the average guest stay is seven days or less, the activity is generally not treated as a rental for the passive loss rules. Whether it is passive then depends on whether you materially participate.

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Q 10

Are mortgage interest and property tax on a rental limited like they are on a home?

Mortgage interest and property taxes on a rental are generally business expenses reported on Schedule E, so they are not subject to the itemized deduction cap on state and local taxes, although other limits can apply.

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Q 11

What is unrecaptured Section 1250 gain?

It is the part of the gain on selling a depreciated building that is due to straight-line depreciation. It is generally taxed at a maximum 25% rate, which is higher than the usual long-term capital gain rates.

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Q 12

What happens to depreciation when you convert your home to a rental?

Depreciation generally starts when the home is placed in service as a rental. The depreciable basis is the lower of your adjusted basis or the fair market value on the conversion date, and land is excluded.

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Q 13

Is travel to your rental property deductible?

Travel for rental management, such as inspections and repairs, can be deductible with good records of dates, mileage and purpose. Personal trips combined with a visit to the property are limited.

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Q 14

Can a cost segregation study backfire?

It can if you sell. A study accelerates deductions but increases depreciation recapture at sale. The benefit depends on your income, holding period and the study cost, so model the sale before you start.

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Did you know?

Depreciation on rental property is generally required whether or not you claim it. Failing to claim it can still reduce your basis when you sell.

Source: IRS Publication 527

Rental losses that cannot be used in a year are generally carried forward, and they can be released in full when you sell the property in a fully taxable transaction.

Source: IRS Publication 925

A 1031 exchange must use a qualified intermediary in a typical deferred exchange. If you receive the sale proceeds directly, the exchange can fail.

Source: IRS: Like-kind exchanges

Repairs are often deductible in the year paid, while improvements are generally capitalized and depreciated. Keep invoices that describe the work.

Source: IRS Publication 527

The 45-day identification period for a 1031 exchange starts on the day you transfer the property you gave up, and weekends and holidays count.

Source: IRS: Like-kind exchanges

To qualify as a real estate professional you generally need more than 750 hours a year in real property trades or businesses, and more than half of your working time there.

Source: IRS Publication 925

Land is never depreciated. Part of what you pay for a property must be allocated to land, and the allocation usually comes from the tax assessment or an appraisal.

Source: IRS Publication 527

Real estate professional status is among the most examined positions in real estate tax, and the IRS looks for contemporaneous logs of hours.

Source: IRS Publication 925

Depreciation begins when a property is ready and available to rent, not when you buy it.

Source: IRS Publication 527

Rental income and expenses are generally reported on Schedule E, and short-term rentals with substantial services can be reported differently.

Source: IRS Topic 414

The $25,000 rental loss allowance is available only if you actively participate, and it is not allowed for married people filing separately who lived together during the year.

Source: IRS Publication 925

Form 8824 is used to report a like-kind exchange, including the dates the deadlines were met.

Source: IRS: Form 8824

From our network

Related readingIf your rental activity is run as a business, see choosing a business structure on BusinessTaxSaver. If you are a physician or dentist investing in property, see CPAforPhysician. For founders and startup investors, see StartupTaxCPA.