WEBVTT

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Hi, everyone. This is the How to Lower Your Tax

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Bill podcast. I'm your host, Terrence Hutchins.

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I'm a financial and tax advisor in the Dallas

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Fort Worth area. And the goal of this podcast

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is to help you listeners get educated on different

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tax strategies that you can implement to improve

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your tax situation immediately. Each episode,

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we'll break down useful tax tips you can use

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to save money, no matter what your personal or

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business income situation. Because our motto

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is, keep more of what you earn. So let's get

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into today's episode. All right, welcome back

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to another episode of how to lower your tax bill.

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We have been going through a series talking about

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real estate and some different strategies you

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have. even as a W -12 employee to enhance your

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current tax situation. So today we're going to

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talk about getting suspended. Now that might

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bring back some not so fond memories for some

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of you, but we're not looking at this from the

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angle of being in school. We are looking at it

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as it relates to your real estate. So when it

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comes to being suspended in real estate, we'll

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kind of define what that means. We'll talk about

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how do you overcome having your losses suspended

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in this case? And what are some strategies you

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could employ if you have suspended losses? and

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how you might be able to better utilize them

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to just overall enhance your financial situation.

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So just to give you a little bit of background,

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back in 1986, that's when the tax code introduced

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these passive activities loss rules, and they

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introduced the dynamic of having three different

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buckets of your money. So we talked in previous

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episodes about portfolio income, that's income

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from stocks, bonds, dividends, interest. Then

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you have active income, which is generally from

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your W -2 jobs, your businesses that you're actively

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involved in. And then you have your passive bucket.

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So passive income is real estate defined by a

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default with a few exceptions, and also things

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that you don't materially participate in. Those

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are considered passive activities. So if you

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have a passive activity like real estate, the

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IRS limits you on how you can treat the losses

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you receive from your rental properties. So especially

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in today's environment with, you know, I'm in

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Texas, so we have a lot, we have high property

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taxes and insurance rates. With those two elements

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plus interest rates, it's hard for properties

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to cashflow when you first buy them. So between

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the depreciation expense and the taxes and interest

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on the front end, you probably are seeing a negative

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on your tax return. Now, if you look and thought,

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hey, I bought this rental, I'm about to clean

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up, but you're a high income earner. then you're

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gonna notice that there's a form 8582 that shows

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that that loss that you incurred is unallowed,

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unless you have a few exceptions. So we've dug

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into this before, but just to give you a recap

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on the suspended loss. So that suspended loss

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is gonna be able to be carried forward to future

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years, and you can only use that loss in a few

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situations. So number one, if your income is

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below $150 ,000, then you can actually use the

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loss and it won't be suspended, or it won't be

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so much suspended. So for example, let's say

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you make $100 ,000 and you have a $20 ,000 tax

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loss. The IRS gives you up to a $25 ,000 that

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you can deduct against your regular income. So

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instead of you paying taxes on $100 ,000, you're

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going to pay tax on $80 ,000 minus your standard

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deduction or itemized deductions. Alternatively,

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let's say your losses were $40 ,000 and you made

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$100 ,000. You could only take the $25 ,000.

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That's your cap. The other $15 ,000, that would

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get carried forward to future years. You could

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also use that suspended loss if you have positive

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income. Now, before I begin to that, if you're

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thinking about, if you're kind of right there

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on the threshold, let's say you make 152, or

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even if you're at 140 ,000 and you don't do a

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401k account, if you contribute to your 401k,

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you can actually get more of the loss unlocked.

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So it's almost like a double deduction, because

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once your income exceeds 100 ,000, you no longer

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can use the full $25 ,000 deduction. once you

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exceed 150 ,000, you can't use the deduction

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at all. So for example, if you make 125, you

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can use 12 ,500 of the $25 ,000 limit. The other

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12 ,500 would be carried forward to future years.

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So if you're kind of right in between 100 and

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150 ,000, or you're over 150 ,000 just barely,

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you could look at doing a 401k contribution or

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increasing it so that you get below the threshold.

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And that allows you to unlock some of the losses.

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My convention is kind of like a double deduction.

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You could also think about, okay, if I have some

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long -term rentals, maybe I'd get a short -term

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rental in here. I do a cost segregation study.

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I take a big tax loss. That's going to get me

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below the threshold. And so not only do I take

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a loss for my short -term rental, I can take

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the loss from my long -term rentals up to the

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$25 ,000 cap. So that's a way to maybe enhance

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your tax situation. And these are the tragedies

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that you want to just look at on a year -by -year

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basis. That's why it's important tax planning

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doesn't start when you're about to file your

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taxes. Tax planning is a proactive thing that

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you could just look at your situation to assess

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what options are available to you. And then based

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on number one, the investment value of whatever

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you're doing. Then, okay, what's the most optimized

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tax situation you could be in based on the facts

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of your situation. Okay, so we're talking about

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suspended losses. So we talked about, hey, if

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I get below the $150 ,000 threshold, I can take

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up to 25 ,000 of my real estate losses in a given

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year. The rest of those losses would be carried

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forward. You could also either start making passive

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income. So if you have a lot of real estate losses

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and they're accruing every year, you could say,

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hey, how about I try to raise my rents? How about

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I try to make these rentals more cash flow positive?

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How am I getting to midterm rentals? So, you

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know, I'll make a little more cash flow. So I'm

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going to be making more money. But because I

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have these past losses, I'm not going to have

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to pay these taxes on my income gains that I

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get. You could also potentially look at a passive

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activity like a real estate partnership or something

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syndication. Those are things that you could

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try to say, Hey, I have these losses. I could

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offset it from positive passive income. So if

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I invest in something passively and I make $30

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,000 and I have some suspended losses of, you

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know, $20 ,000, I could use that 20 ,000 offset

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the 30, even if my income is above the threshold.

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So the else you could do is you could basically

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try to become a real estate professional. Now,

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we've talked about that dynamic before, but if

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you or your spouse become a real estate professional,

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meaning it's your full time job, and you work

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at least 750 hours in the activity, and then

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you materially participate in the rentals that

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you have, you can be considered a real estate

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professional. If you become a real estate professional,

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it will not allow you to unlock the previously

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suspended losses, but it will allow you to unlock

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the losses in the current year. So let's just

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say, for example, you have $100 ,000 of losses

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over the years, and all of a sudden, you wanna

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get into real estate full time. And you have

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another $10 ,000 in the current year of losses.

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So now you have a total of $111 ,000. You can't

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take those $100 ,000 from before, but you can

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take the $10 ,000 for the current year. So if

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you become a real estate professional, that will

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allow you to use those losses to reduce your

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overall income, let's say from being a realtor

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or your W -2 income from your spouse. One other

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strategy that could be viable is let's just say,

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for example, you own a commercial building or

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you own a residential building that could make

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sense for you to actually work out of. So not

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your primary house, but you have a separate building

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that you have a business that you can operate

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from. So let's just say you've been renting out

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a commercial building and you have suspended

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losses in that commercial building from years

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before and your income is above the $150 ,000

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threshold. You can say, hey, what if I move my

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office into that building? I pay myself rent,

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you know, at a fair rate, but now I can use those

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prior losses to offset my business income. Okay.

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And then you could even supersize this by doing

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what's called a grouping election, or you would

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group them together, I should say. And then you

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could also supersize it by doing a cost segregation

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on your commercial building to where now you

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could enhance the depreciation, create an even

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bigger loss. And you add that to your prior losses.

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And that will allow you to deduct against your

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business income. So I'm going to get into that

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grouping thing in a future episode just to dive

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into that more in depth. But that is a strategy

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if you have suspended losses that you could use

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to unlock if you operate your business out of

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the building that has the suspended losses. Now,

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probably the biggest opportunity that you have

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is if you just sell the property. So if you have

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a lot of losses tied up in a property, or let's

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just say you have a group of properties that

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aren't grouped together. And to clarify that,

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the IRS... basically allows you to isolate your

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rental properties as an individual activity,

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or they will allow you to group it together as

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if it's one whole activity. So if I own 10 rentals,

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I can basically say, okay, how much time do I

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spend in one of these rentals, and I have to

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spend at least 100 hours generally in each of

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them, or I can group them all together as one

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activity. The benefits of grouping them is it

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allows you to seem as if you materially participate

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in all of them, if you materially participate

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overall. So if you spend at least 500 hours overall

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between you and your spouse, then the IRS will

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think that you materially participate in all

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10 rooms, even if you only spend a few hours

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in one of them. That's the positive. The negative

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is if I do have suspended losses and I group

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my activity as one activity, I basically have

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to sell all 10 of my activities to use a suspended

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loss. So let me give you an example just so I

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can provide more clarity. Let's say you do have

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those 10 rental houses and collectively you have

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100 ,000 of losses in them. One of them has a

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$60 ,000 loss and you say, hey, I'm gonna go

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ahead and sell this property. And so we're gonna

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ignore depreciation for a second, but let's just

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say that you get a $60 ,000 capital gain on that

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property. Well, the $60 ,000 loss that you have

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will completely wipe it out. Alternatively, let's

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just say that you had a $25 ,000 capital gain.

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and you had a $60 ,000 suspended loss carried

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forward on that property. Well, now that $60

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,000 loss can become completely deductible. So

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not only do you get rid of your $25 ,000 gain,

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you also have a $35 ,000 loss. That loss can

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then unlock to potentially, let's say you, that

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$35 ,000 also got you below $100 ,000 of income

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at the same time. Now you can deduct the other

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$25 ,000 of losses up to the previous limit we

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talked about if your income was $100 ,000 or

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less. and you have suspended losses. So these

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are all things that, one, probably you work with

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a professional just so you can map it out properly.

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But two, it does give you a lot of flexibility

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when you do have these losses on how you decide

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to use them. Whether that's, hey, I can expand

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my portfolio and actually start cash flowing

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more. Now I have some income to offset it. So

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I can make, you know, five, six figures of income

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and potentially offset it with the prior losses

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I have. I could decide to sell one of the properties

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that has the suspended losses. depending on my

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income amount, I might be able to not only deduct

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the losses from that property, but also bring

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into play some of the other losses I have to

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reduce my other income. You can also think about

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if I did get rid of a property and then it had

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a loss and let's say there was a small gain attached

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to it, I can look at that same year to also potentially

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sell some of my stock that I set in gain and

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be able to offset the capital gain on that. I

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could look at maybe doing Roth conversions in

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those years so that if I convert to a Roth, I

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now have tax -free income that's growing. So

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you wanna take advantage of the losses when you

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have them. So you get a low tax year, you wanna

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look at many strategies as possible to make sure

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that you are fully taking advantage of that time

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because it may not come back around in the future.

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So once again, if you have any questions about

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this topic or others, you can email us at questions

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at logosfg .com and we will address your question

00:12:10.980 --> 00:12:14.769
on a future episode. But for this week's court

00:12:14.769 --> 00:12:16.710
case, we're gonna talk about something that happened

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in 2005. This is May versus commissioner. And

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this guy, Richard May, managed multiple rental

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properties. And according to court filings, he

00:12:26.509 --> 00:12:29.090
spent roughly 40 hours a week managing all the

00:12:29.090 --> 00:12:32.250
activities that he had, but he did not make this

00:12:32.250 --> 00:12:34.850
grouping election on his tax return. So I talked

00:12:34.850 --> 00:12:38.230
about before, if you, let's say you only spent

00:12:38.230 --> 00:12:41.110
a few hours on one rental and you have, and you're

00:12:41.110 --> 00:12:42.879
considered a real estate professional. but you

00:12:42.879 --> 00:12:45.179
don't group your rent off together, that rental

00:12:45.179 --> 00:12:47.960
that has losses that you didn't group, you actually

00:12:47.960 --> 00:12:50.620
can't use those losses because you haven't materially

00:12:50.620 --> 00:12:52.879
participated in that property. So if you don't

00:12:52.879 --> 00:12:55.679
spend 100 hours in every property, then the losses

00:12:55.679 --> 00:12:58.000
you have for those properties, you can't use

00:12:58.000 --> 00:13:01.120
unless you make this grouping election as a real

00:13:01.120 --> 00:13:04.460
estate professional. Mr. May did not do this.

00:13:04.519 --> 00:13:07.120
So even though he was a real estate professional,

00:13:07.480 --> 00:13:10.379
he had real estate losses. The IRS still said

00:13:10.379 --> 00:13:12.919
that he was subject to the $25 ,000 limit for

00:13:12.919 --> 00:13:15.000
his losses because he didn't actually put this

00:13:15.000 --> 00:13:18.399
election. So the IRS can be unforgiving if you

00:13:18.399 --> 00:13:20.100
don't follow the procedures because in this case,

00:13:20.100 --> 00:13:22.559
he probably had a lot of real estate losses and

00:13:22.559 --> 00:13:25.399
that would have reduced his income in total versus

00:13:25.399 --> 00:13:29.559
him only having to take $25 ,000. So if it came

00:13:29.559 --> 00:13:32.120
down to, hey, are you gonna have to pay tax because

00:13:32.120 --> 00:13:34.139
you didn't follow the procedures to the letter

00:13:34.139 --> 00:13:36.460
of the law, then they're gonna hold you to that

00:13:36.460 --> 00:13:38.600
standard. So it's important to be very thorough.

00:13:38.830 --> 00:13:40.549
to make sure you review your tax return with

00:13:40.549 --> 00:13:42.549
your tax professional, to make sure you make

00:13:42.549 --> 00:13:44.990
all your proper elections so that you're not

00:13:44.990 --> 00:13:47.169
in the boat Mr. May was where he actually missed

00:13:47.169 --> 00:13:49.409
out on elections just because he didn't add a

00:13:49.409 --> 00:13:52.210
simple statement to his tax return. So a good

00:13:52.210 --> 00:13:55.929
lesson to be thorough, have a tax plan on a year

00:13:55.929 --> 00:13:58.529
by year basis, do your due diligence and to keep

00:13:58.529 --> 00:14:00.370
more of what you earn. I'll talk to you guys

00:14:00.370 --> 00:14:00.830
next week.
