Frequently Asked Questions
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Yes. Rental income is taxable and must be reported on your federal tax return (and often your state return). You can deduct many expenses to reduce taxable income.
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Item descriptionTypical deductible expenses include:
Mortgage interest
Property taxes
Repairs and maintenance
Insurance
Management fees
Utilities (if paid by you)
Depreciation of the property (building, improvements, appliances)
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Residential property is depreciated over 27.5 years; commercial property over 39 years. Depreciation can offset rental income but may be “recaptured” at sale. Cost segregation studies can accelerate deductions.
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Most rental real estate is considered passive. Losses generally can only offset other passive income. However, if you actively participate and your income is below $150,000, you may deduct up to $25,000 of losses against ordinary income.
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If you materially participate in short-term rentals averaging 7 days or less per tenant, the IRS may classify the activity as a business rather than passive rental. This can allow you to use losses against other income, but it also may expose you to self-employment tax if you provide significant services.
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Keep detailed records of income, expenses, leases, and improvements. These are critical for proving deductions, calculating depreciation, and tracking basis.
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Profits on sales are subject to capital gains tax. If you held the property for more than a year, you get long-term capital gains rates. Depreciation taken is “recaptured” and taxed at up to 25%.
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Yes, with a 1031 exchange, you can defer capital gains and depreciation recapture by reinvesting proceeds into another like-kind property. Strict rules and timelines apply.
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Foreign investors are subject to U.S. tax on rental income and gains from U.S. real estate. Withholding rules (like FIRPTA on sales) often apply. Treaties may reduce tax rates.
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An LLC generally doesn’t change tax treatment but can provide liability protection. Income usually flows through to your personal tax return. Structuring may differ for foreign investors.
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Yes. If you qualify as a real estate professional (750+ hours per year and more than half your working time in real estate), rental activities may be non-passive, letting you use unlimited losses against other income.