EDauerman
Level 3

Problem:  real estate passive loss is not carrying against the Schedule C gains for a real estate professional.  How do I override this.  I picked materially participates and actively manages on the rental property.

Facts:

Realtor has a Schedule C with income. Realtor has a separate rental property with a loss.

Normally, if you are an active participant in your rental property, you can deduct as much as $25,000 in rental real estate losses, but this phases out at $150K. However, if you meet all the requirements as a real estate professional there is no income limit.  How do I override the income limit/ and carry the loss against the schedule C income?

 

Realtor meets the requirements:

- Separate books and records are maintained to reflect income and expenses for this Enterprise.

- 250 or more hours of rental services were performed with respect to this Enterprise

- Contemporaneous records have been kept to document the rental services performed

- No property was used as a residence for any part of the year as defined in Section 280A(d)

- No property was rented or leased under a triple net lease

- No property was rented to a commonly controlled business as defined by Reg. 1.199A-4(b)(1)(i)

Therefore, the taxpayer qualifies as a real estate professional passive activity loss rules do not apply and losses from rental real estate activities should be deductible against other nonpassive income such as wages or Schedule C income. 

 

Any advice.

 

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