Categories

Need help selecting a firm?

Tell us about your project and get introduced to the best accounting and tax firm for your needs.

Get Started

"Passive" or "Portfolio" Rental Activity

Discover the difference between "passive" and "portfolio" rental activities for tax purposes. An activity is classed as either “passive” or “portfolio” depending upon income. (Reg. 1.469-2T(f)).

Significant Participation Activities

Losses are passive, but any income in excess of losses is non-passive! Remember that “significant participation” means 100+ hours of participation, but not enough participation to meet the material participation tests (above).

Self-Rented Property

Code Sec 469 includes a self-rental recharacterization rule that applies to taxpayers who rent property to a trade or business in which they materially participate, with the result that net rental income from an item of property is converted from passive to non-passive but net rental loss from an item of property remains passive. (Reg. 1.469-2(f)(6)

Non-Depreciable Property Rentals

Tangible property held for rental will be considered non-depreciable if less than 30% of its unadjusted basis is depreciable. There is no $25,000 allowance for losses.

Rental of Property Developed by Taxpayer

Is not considered passive. Special rules apply to this, not covered here.

TaxBuzz Guides