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2023 Passive Real Estate Losses


Certain passive losses remain viable in offsetting ordinary income, maintaining their position as an essential tool for strategic tax planning.

Commonly referred to as:

Passive Activity Losses

Do I Qualify for the Passive Real Estate Losses?

Taxpayers generating passive income from their rental real estate assets, who continue to fall below the IRS's adjusted gross income stipulations, are eligible.

2023 Passive Real Estate Losses Details:

The provisions allowing passive real estate losses (stemming from investments) to counterbalance both passive and non-passive income persist in 2023. Taxpayers, with a taxable income less than $155,000 if filing jointly (MFJ) or $77,500 if married filing separately (MFS), stand to benefit. For those who, along with their spouses, are actively engaged in passive rental real estate activities, any disallowed passive activity loss is reduced. This facilitates the deduction of up to $26,000 of loss from such activities against nonpassive income.

The special allowance cap is:

• $26,000 for single individuals and those married filing jointly.

• $13,000 for married individuals who file separate returns and have lived independently of their spouses throughout the tax year.

• $26,000 for qualifying estates, albeit reduced by the special allowance applicable to the surviving spouse.


The strategy enables the leveraging of passive real estate losses against active income streams, offering considerable tax relief.


It's pivotal to ensure all passive income is offset by any suspended losses from previous years and the current year's losses before contemplating a reduction in ordinary income.

Assumptions When Opting for the Passive Real Estate Losses:

  • A proactive role in the activity is a given.

  • The individual is not identified as a real estate professional.

  • The property is strictly not classified as a vacation rental.

  • For those married filing separately, there shouldn't be any instance of cohabitation with the spouse during the year.

Requirements to Avail the Passive Real Estate Losses:

Ownership of rental property generating passive income.

Entities Eligible to Claim the Passive Real Estate Losses:

  • Schedule E

  • Farm Rental


The 2023 guidelines concerning Passive Real Estate Losses affirm the continuation of the benefits associated with this tax strategy. For taxpayers with eligible passive income from real estate, this remains a significant avenue to offset ordinary income, provided they adhere to the stipulated requirements and considerations. As always, it's essential to consult with tax professionals to ensure full compliance and maximise benefits.

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