Using passive losses from syndication (K-1) to offset income from other SFR rentals

Using passive losses from syndication (K-1) to offset income from other SFR rentals

Investor · Tracy, CA · Member since 2014 · 49 posts · 11 votes

Hello,

Can I use bonus depreciation losses from apartment syndication (form K1) to offset income from income-producing single-family rentals? I own 4 SFRs and have an opportunity to invest in a syndication deal with 60% bonus depreciation this year.

Other details: Both I and my wife have W2 jobs and can not take real estate professional deduction.

Thanks

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Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
3y

@Asim G.

Yes you can. Keep in mind that in the final year of the syndication it will throw your way a large capital gain, including the reversal of all their depreciation from cost segregation.

Here is more: 
https://www.biggerpockets.com/forums/51-tax-legal-issues-con...
https://www.biggerpockets.com/forums/51/topics/839015-are-sy...

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  • Attorney · Boston, MA · Member since 2023 · 140 posts · 75 votes
    3y

    @Asim G. Yes. Passive income and passive losses will net.

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    @Asim G.

    Yes you can. Keep in mind that in the final year of the syndication it will throw your way a large capital gain, including the reversal of all their depreciation from cost segregation.

    Here is more: 
    https://www.biggerpockets.com/forums/51-tax-legal-issues-con...
    https://www.biggerpockets.com/forums/51/topics/839015-are-sy...

  • Jim PfeiferBusiness Member
    Investor · Dublin, OH · Member since 2014 · 241 posts · 495 votes
    3y

    I am not a tax advisor, but I believe you should get 80% on your bonus depreciation this year.  Also, mt CPA calls the strategy you are talking about the "Lazy 1031".  

  • Accountant · Lake Worth, FL · Member since 2023 · 6 posts · 3 votes
    3y

    Yes. Since you have stated that you do not qualify as a real estate professional and your SFRs are passive, you will be able to utilize losses generated from the apartment syndication to offset income from your SFRs.

  • Rental Property Investor · Honolulu, HAWAII (HI) · Member since 2011 · 4k+ posts · 2k+ votes
    3y

    @Asim G. Sounds like you've got a handle on one of real estate's sweet spots! Back in 2017, I sold off my turnkey rentals and was looking at capital gains and depreciation recapture.

    I had some losses carried over from my previous years in syndications (majority of which was from the bonus portion). So, I used those losses from the past and the ones from that year to balance out my gains. I ended up paying zero in taxes, which was a massive win compared to the headache of a 1031 exchange. Seriously, once you've seen the light of syndications, 1031s seem like a puzzle with too many pieces.

    If you're ever stuck or just want to swap stories, give me a shout. Always happy to help a fellow investor out!

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