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Background: With the “passive loss” limitations (PAL), tax losses from owning rental
property (e.g. Schedule E losses) are passive losses and can only be deducted against
net income in the same category, passive income, which is net taxable rentals and
gains from rental property activities. No current deduction for these losses is allowed
against other types of income, such as salaries, fees, commissions, net business
income, interest, dividends, etc. Unused losses are suspended and carried forward until
there is sufficient passive income (which can take years).
Unlimited rental loss deductions for active real estate entrepreneurs: Active
real estate entrepreneurs can now fully deduct the above losses against the above
other types of income without limit and immediately pocket the tax savings. Under
IRC 469(c)(7), they can do so regardless of the amount of rental losses and
regardless of the amount their adjusted gross income, provided they meet all five
requirements listed below.
(a) Incur 501 hours a year (or an average of about 10 hours a week); or (b) Incur 101
hours a year (or an average of about 2 hours a week) provided that no one else
(including co-owners, employees and property managers) are participating with more
hours than the investor; or (c) Incur 71% or more of the business hours managing the
property. (This one could allow the investor to satisfy this requirement with less than
101 hours)
Overall purpose: To totally bypass passive loss limits and allow for the full
deduction of rental property losses by meeting the above tests for this relief
provision.
Specific purpose: This form will greatly facilitate meeting requirement 5 of the
above, which is: You must “materially participate” in the landlord-management
operations of the property, 1.469-4(d); Reg. 1.469-5T.
TAX TIP: Your spouse’s time counts for meeting the above tests, Reg. 1.469-
9(c)(3).
TAX BREAK: The same time you document for landlording-management time for
meeting this “material participation” requirement, you also count for meeting the real
estate business 51% service and 751 hour requirements, documented on the form,
Weekly Summary of Real Property Business Activities (FMOPSBUS).
How-to-use: Either on a weekly or daily basis, just simply fill in the number of hours
next to the preprinted applicable landlording-management activity on the form. In
doing so make sure you are complying with the above hourly requirements. Each
active co-owner and each active spouse should also use this form.
Use This Form With The Other Form, Weekly Summary of Real Property
Business Activities: The form, Weekly Summary of Real Property Business
Activities (FMOPSBUS), is used to meet the real estate business activities of
requirements 3 and 4. These business activities also include the landlord-
management activities of this requirement (#5). Therefore, use this form in
conjunction with the above form, Weekly Summary of Real Property Business
Activities (FMOPSBUS). By using the two forms together, you are simultaneously
meeting requirements 3, 4 and 5. Also, in the last column fill in any auto miles you
incur for each activity. Now you also document auto expenses.
Audit Proof: Here you document the required hours as per Regulation 1.469-5T(f)(4)
and IRS Publication 925. Keep this as a back up form as part of Automatic Pre-Audit
Preparation.
Also, use the form, Audit Proofing Statement -- Eligibility to Fully Deduct Rental Losses
(FMOPSPA), to reduce or eliminate the chances of an IRS audit in the first place.
______________________________________________________________________________________________________________________
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Hrs. Miles
1. Analyze the rental market, including vacancies....................................................... _____ _____
14. Handle any tenant evictions or other tenant problems............................................. _____ _____
15. Initiate new rental & tenant selection policies (in accord with Fair Housing)................ _____ _____
17. Review for additional sources of property income (such as laundry facilities).......... _____ _____
18. Do or discuss renovations for property expansion................................................... _____ _____
21. Supervise the resident manager, maintenance personnel & other mgmt. pers........... _____ _____
22. Approve all capital or repair expenditures for management efficiency..................... _____ _____
23. Decide who makes,or is to be responsible for repairs, maintenance & improve....... _____ _____
24. Initiate\review strategies for property security, safety & sanitation.......................... _____ _____
25. Review any property maintenance and service contracts (heater, exterm., etc.) _____ _____
26. Set up purchasing procedures for maintenance supplies & materials........................ _____ _____
27. Shop & purchase for maintenance supplies & materials.......................................... _____ _____
28. Review the reserve for the replacement of improvements, appliances, etc............... _____ _____
29. Personally inspect the property for maintenance & management efficiency............ _____ _____
30. Personally talk to the tenants for maintenance & management improvement........... _____ _____
31. Review the insurance needs of the property for management efficiency................... _____ _____
32. Review & update overall property management & operational procedures.............. _____ _____
33. Prepare and update the resident’s management newsletter or handbook.................. _____ _____
34. Review MR. Landlord and other property management publications....................... _____ _____
In doing the above it is my intention to comply with the recordkeeping requirements of Regulation 1.469-5T(f)(4) and
IRS Publication 925 for the management and operation of my rental activity.
________________________________ _____________
(signature of rental property owner) Date
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