If you own rental property or invest in certain businesses, you’ve probably wondered why your losses don’t always reduce your other income. That’s the Passive Activity Loss, or PAL, rules at work. Under IRS Section 469, losses from passive activities generally cannot offset nonpassive income like wages or business profits..
What Are Passive Activity Loss Rules?
Passive activity loss rules limit the use of losses from passive activities (like rental properties or limited partnerships) to offset income from non-passive activities. Key points include:
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Passive losses can only be used to offset passive income.
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Any unused losses may be carried forward to future years.
How Do These Rules Apply to Landlords?
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Rental activities are generally considered passive, even if you are materially involved.
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Losses from rental activities can only offset other passive income.
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If you have no passive income in a given year, you may not be able to deduct these losses.
Determining Material Participation
Material participation is the key factor in deciding whether passive losses can offset active income. The IRS defines material participation as being involved in a trade or business activity on a regular, continuous, and substantial basis. Although there are seven tests, the most common is working at least 500 hours per year.
Note: Even if you meet the material participation criteria, rental activities are still classified as passive.
Common tests for material participation include:
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Working more than 500 hours in the activity.
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Performing substantially all the work.
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Working more than 100 hours with no one else working more.
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Having significant participation where total hours exceed 500 across all significant activities.
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Material participation in the activity for any five of the prior ten years.
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Material participation in a personal service activity for any three prior years.
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Participation based on all facts and circumstances on a regular, continuous, and substantial basis.
What Happens If Your Passive Activity Loss Isn't Allowed?
If your passive activity loss isn't allowed for the year, you may need to allocate the disallowed portion among different activities and deductions. The ratable portion of a loss is calculated by multiplying the disallowed loss by the fraction of the loss from that activity divided by the total losses from all activities with losses.
Example:
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Property A: Gross income: $7,000, Deductions: ($16,000), Net Loss: ($9,000)
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Property B: Gross income: $4,000, Deductions: ($20,000), Net Loss: ($16,000)
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Property C: Gross income: $12,000, Deductions: ($8,000), Net Income: $4,000
In this case, the total passive activity loss is $21,000 (disallowed). The disallowed portion for Property A is calculated as follows:
Property A Disallowed Loss = $21,000 x ($9,000 / $25,000) = $7,560
A similar calculation applies for Property B, with the total disallowed loss remaining $21,000.
Why it matters
For many investors, PAL rules feel restrictive, but they are designed to prevent taxpayers from using passive losses to shelter unrelated income. At the same time, the IRS provides meaningful exceptions for those actively engaged in managing their rentals or who qualify as real estate professionals. Understanding these rules is critical for planning your tax strategy and maximizing deductions when possible
If you're unsure how these rules apply to your circumstances, consult with a Houston CPA.
