Passive Losses from Syndication for a Real Estate Professional

Passive Losses from Syndication for a Real Estate Professional

Member since 2021 · 3 posts · 4 votes

I am considering passive investing in real estate syndications, but have questions about the tax benefit of the depreciation/accelerated depreciation.

I am currently in a field that would qualify me as a "real estate professional" if I decided to work independently (as opposed to my current W-2 position).  

Can REPs use the depreciation from passive participation in a syndication to offset their income generated by the other services they provide?  Or are these two types of income considered to be in different "buckets"?

I have read several books on investing in syndication, and they all tout the benefits of the accelerated depreciation, but they don't really explain how this is beneficial to the average investor.  If I can only use the passive loss to offset passive income, the large amount of accelerated depreciation would not seem to be of benefit - unless there is an advantage at exit that isn't being explained fully.

Does anyone have some recommendations for further reading, webinars, etc. that might help me understand the tax implications better?  I know that I need to consult a CPA eventually, but I would like to be better informed on the basics so that I can ask the right questions.

Thanks!

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  • Rental Property Investor · Dallas, TX · Member since 2016 · 261 posts · 170 votes
    4y

    @R Durney you can choose to classify them as all one activity. Then, as a REP, you would be able to apply losses against any earned income.

    Depreciation still does benefit passive investors. Most will not be able to use all of their losses from depreciation, but those losses are carried forward until you can use them. In the event of a sale and you 1031 exchange, you keep the losses and then get another huge slug of depreciation at the acquisition of the next property.

    If you choose not to 1031, then you should still have a loss on your K-1 that helps offset some of that gain.

    Take advantage of the bonus depreciation while you can. It's getting phased out starting in 2023.

  • Member since 2021 · 3 posts · 4 votes
    4y

    Thanks!  Very helpful information. 

  • Paul MoorePro Member
    Commercial Real Estate Fund Manager · Lynchburg, VA · Member since 2015 · 1k+ posts · 1k+ votes
    4y

    Great question, @R Durney. I agree that much of the bonus depreciation resulting in passive losses is not that useful to many passive investors. One additional benefit however is the fact that in many cases the losses generate savings at ordinary income rates. The recaptured depreciation “gains” are later taxed at LT capital gains rates.  Hopefully a tax savings and certainly a gain from the time value of money.  Good luck! 

  • Andrew HoganPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2016 · 559 posts · 463 votes
    4y

    sounds like you know enough to ask an up to date CPA and confirm with them. I've seen CPAs that are comfortable doing what you're trying to and others say it's outside their comfort level. You just need to do what you and your CPA feel comfortable with at the end of the day.

    Good luck!

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