land loan? Typically, it

How We Work: Frequently Asked Questions Overview Agros Development Process Organizational Foundations Where We Work Our Impact People and Progress Sustainability FAQs Overview Organizational Profile Vision and Mission History and Future News Room Board of Directors Careers Contact Us Overview Give Online How to Get Involved Volunteer Overview Service Team Experiences Donor Stories Noemí Fund Central America in Transition Recommended Reading Frequently Asked Questions Background Information Why is land ownership important to the rural poor? Land is a precious asset around the world. It is a primary source of income, security and stability. Families who have the opportunity to own their own parcel of land can farm it to ensure a stable income for their families and preserve it for their children. They will invest in their land, improving the soil while conserving the environment. Through land ownership, rural poor families acquire a viable way of supporting themselves and overcoming their poverty while simultaneously creating a sustainable community. However, for most rural poor families owning land is an unattainable dream. They don't have access to the cash or credit they need to buy land. Their inability to purchase land guarantees many poor people in third-world countries a life of desperate poverty, working for low wages as farmhands or migrant laborers. Rural poor families become trapped in a cycle of poverty. They are left unable to purchase their own land, paying exorbitant rents for basic survival on poor quality land, and working for desperately low wages as farmhands and migrant laborers. Agros helps families in Central America purchase their own land. In doing so, we help rural poor families create viable, healthy, and sustainable communities today, and for generations to come. How Agros Helps Does Agros give families free land, or do they work to purchase their own land? Agros offers rural poor families a hand-up, not a handout. We help families purchase land through low-interest loans. Loan payments fund the purchase of land for new Agros communities. Agros owns the land and provides each family in the new community with a promissory note. The land title is held by Agros until each family repays the cost of their parcel of land. How long does it typically take families to pay off their land loan? Typically, it takes a family seven to 10 years to pay for their land. Once the loan is repaid, the land title is written in the name of both husband and wife, or the name of the one parent in a single parent family. There is a two-year grace period is allowed. The title is then passed on to the family in a land title transfer ceremony. This is an important and joyous event in the community. Is the land legally available? Establishing a legally secure title to the land is an important element of Agros' work. Before land is even considered for purchase, it must be legally available and clear of competing claims. This contributes to the long-range security of the families. What happens if a family can't pay? Occasionally, a family is unable or unwilling to repay the cost of the land. In such cases, the community leadership committee will work within existing community bi-laws to resolve the issue. The Agros Approach How is the Agros approach unique? Agros' approach of working with the rural poor in long-term asset building makes its work unique. With the exception of some government efforts at land distribution, there are few organizations that have been willing to provide long-term land loans to the poor. Agros is also unique in its approach of avoiding dependency and paternalism in its relationship with participants. By working with each community to develop local leadership, governing bodies, and decision-making processes, individuals gain self-esteem and confidence in their own ability to make sound decisions about their future. This is "breaking free from the cycle of poverty" in the most profound way. Agros has discovered that lending to the poor can be a viable credit risk. A small loan can provide a poor family with just enough capital to help them break free from poverty. Families who understand that they will become self-sufficient owners of their own land at the end of their repayment period have great incentive to fulfill their loan obligations. In addition, by focusing its projects on specific geographical areas, Agros is able to maximize the efficiency of its work in rural areas and generate more possibilities for further economic development and impact. What is an Agros Village? An Agros village is a community comprised of a group of selected families (between 25 and 75) in need who are striving together to make a better future for themselves and their children. Each family is lent a parcel of land, materials to build a house and access to an integrated irrigation system. Through additional small business loans, education and accountability, economic sustainability is the goal to enable them to effectively repay the cost of their loans. Each village has community governance with elected positions that decide the goals and priorities based on input from other villagers. Villages have co-ops, community banks and other economically based programs all based on sustainability. How do new projects get started? First, a group of families interested in becoming an Agros village approaches Agros staff in Central America to nominate a village. Agros must then determine the village's degree of need and prioritize accordingly. We have a fixed number of communities that we can start each year according to funding. The Agros offices in each country work with the Seattle office to determine this number. Since the need for land is always greater than the financial resources available to start new communities, tough decisions have to be made. If resources are available to start a new community, Agros field staff will begin to work with potential villagers. Agros field staff work with the community leaders to learn about parcels available for sale, discuss sale price, and to develop negotiating strategies. Field staff survey the land, assess its quality, and determine land titles and water availability. If everything meets our standards and funds are available for land purchase, field staff give community leaders the go-ahead to begin negotiations. Land purchases are typically timed around the agricultural calendar. A parcel will be purchased in time to prepare the land for the first harvest. Simultaneously, Agros field staff get to know the members of the community, while community members learn about Agros' work. Typically, the most important issue for communities to understand is that Agros provides loans and assistance to help farming families build assets, but that we do not provide charity and free handouts. During the initial development phase, Agros provides services such as agricultural credit and training to create a relationship with the group. At this time the community is introduced to Agros and Agros observes the community's ability to cooperate and sees whether it responds well to the challenges of the Agros model. If community members agree to Agros' repayment policy, and if Agros believes there is a good fit, field staff will typically start with a small project, such as providing small 6-month loans for seeds and agricultural supplies. There is always a tremendous need for short-term credit in rural areas. These small projects provide a perfect testing ground for community members to experience the assistance Agros provides, while Agros field staff learn which community members are bona fide farmers who have a willingness to repay their loans and a desire to work hard to overcome their poverty. During this process, entire communities may choose not to continue to work with Agros, or larger groups of participating families may be whittled down to smaller groups. Typically this is due to Agros' repayment policy, which families may not take seriously until their small loan comes due. At this stage, Agros field staff may choose to go through another 6-month loan cycle with a community. This phase may also include agricultural training to help farming families learn appropriate techniques that will increase crop yields, or other training related to health and nutrition, depending on the needs of the community. Building Long-Term Change How does Agros's approach address long-term poverty issues such as rural-urban migration, education, and health? In our experience, land ownership brings tremendous change in the lives of the rural poor. This change cannot help but positively affect large, long-term poverty issues in the following ways: Improved land quality With the prospect of land ownership, families invest in the quality of their soil and new agricultural techniques which boost crop production, stimulate rural economies and bring greater prosperity to rural areas. Through Agros's agricultural training and support for income-generating activities, families can build lasting economic security for themselves and their children. Improved quality of life As income security is established, the quality of life increases and the potential for social unrest and civil conflict is reduced. Agros supports the unfolding of this "virtuous circle" through the elements of its model. By helping poor families purchase land, the development cycle begins. A stronger community Agros's training in leadership and community organization helps develop local leaders who can work together to resolve community problems and plan for an improved future using foresight gained through prior experiences. Improved health A diversified diet leads to better nutrition and better health. As a result, infant death and malnutrition are reduced, providing an incentive to have smaller families. Better educational opportunities Greater economic stability allows parents to part with child labor and enroll their children in school. Agros also helps communities in projects such as school building. Reduced rural-urban migration As economic prospects and quality of life improve, rural families have no reason to migrate. This leads to greater stability and prosperity as urban areas are not flooded with rural migrants looking for a better life. How does Agros's model affect the problem of illegal immigration into the United States? There are many reasons why immigrants leave the rural countryside and come to the United States. Among them are the conditions of extreme poverty in which people live and the lack of opportunities that enable families to overcome their poverty. Many of the people coming to the U.S. illegally are "economic migrants" - people who come in search of work. Poverty conditions and lack of work opportunities at home mean that these economic migrants are willing to leave their families, risk their lives, and find work in some of the least desirable conditions - often as menial laborers and minimum wage workers. Steady work is better than no work, and minimum wage in the U.S. is often more than they can earn in an entire day in their native country. Throughout Central America, political and economic conditions are such that no matter how hard people work, 60 percent are earning less than $1 per day and 40 percent are living below the poverty line. Unemployment and underemployment are rampant in the rural areas. There are simply not enough jobs to go around and no hope that circumstances will change any time soon. By helping rural families purchase land and build thriving communities, Agros provides an alternative for people who believe their only option is to migrate into the city or into another country, such as the U.S. Agros enables families to stay together and to generate income within their own countries and communities. Agros helps families create a livelihood for themselves that can be passed on to their children. As conditions improve, the motivation for becoming an economic migrant disappears. Families stay together, communities are strengthened, and lives are transformed. How do Agros projects help women? Women in developing countries and across Central America face grave challenges. As the primary caretakers of families and children, they are on the front lines of hunger, malnutrition and death in their families. Agros' programs cannot be successful or have a lasting impact if the health of women is in jeopardy. Many women in rural Central America: Lack access to prenatal care and are isolated from modern health facilities Get married as adolescents, start families at a young age, and don't know how to plan the size of their families Have a difficult time keeping their children healthy and well-nourished because they don't know how, or don't have the resources to prepare a well-balanced meal and lack knowledge of basic sanitation Are of poor health themselves because they sacrifice food and other resources for their children and are continuously breast feeding due to multiple consecutive births Agros' programs address the needs of women and children by creating a positive cycle of change. We help women achieve: Education : For young girls who would otherwise marry young and start families when they are little older than children themselves, Agros provides opportunities for them to go to school. Educated girls tend to marry later and their children tend to be healthier. Literacy training : Agros offers literacy training to adults, giving both men and women who were not able to go to school the opportunity to learn how to read and write. Financial independence : Agros trains women to manage a savings account and family finances because women tend to invest in their families. Business expertise : Through microenterprise development, Agros teaches women skills they can use to start their own businesses. Agros also teaches women (and their children) how to raise small animals close to home to generate income. Family planning and health care : Many women have had more than 5 children and have never received a gynecological exam or had access to prenatal care. Through the women's health initiative: Women learn about their bodies in a way that promotes self-esteem. Women with greater self-esteem become active in community organization. They get involved in village decision-making and develop leadership skills. Women receive regular physical exams, many for the first time in their lives. Agros works within the local culture to provide education about birth spacing and birth control so that women and their husbands can make informed decisions about family planning. People talk a lot about the importance of "sustainable development." How are Agros' methods sustainable? Sustainable development is an important element of Agros' work. Agros works to create sustainability in three primary areas: in the environment, in family economics, and in community organizations. Environmental sustainability begins by providing families with land. People take better care of and are more concerned about a resource over which they have ownership. Agros then provides training and technical assistance regarding the use and stewardship of this land. This includes the construction of composting latrines, improved wood burning stoves, and education on soil conservation, organic composting, and agro-forestry techniques. Economic sustainability begins with improved production of basic grains. When a family produces more food on less land, they become more confident in their ability to feed themselves. With food security established, they begin to try things they've never done before, for instance, growing foods that they can sell in the market and use to generate income. Once families begin to generate a stable income, they can begin to pay back their land loans. And once their loans have been repaid (typically within 10 years), they become self-sustaining owners of their own land. From this land, they are able to generate an on-going, stable income and provide an environment in which their children can thrive. Community sustainability is attained in two ways. First, we help give rural families the training to create a local community government that looks to the entire community for participation and decision-making. This becomes the backbone for civic responsibility and participation. It also becomes the primary way communities continue to thrive long after Agros has departed. The second way is through the Noemí Fund. What is the Noemí Fund? The Noemí Fund is a loan fund that provides the capital needed to buy land and develop village infrastructure, including the resources needed to administer and manage this fund. When a new community is started, the loan fund is used to match every dollar raised for the development costs of a new community, including field support and training. As communities begin to repay their loans, the payments are returned to the loan fund. As the loan fund is replenished, new communities can be started. What happens if Agros is not there? If Agros is not there to provide access to land ownership, opportunity and hope for a sustainable life is slowly choked out. Families will continue to face malnutrition. Lack of education will persist. Migration to urban centers will increase as the rural poor seek a viable life. As a result, dysfunctional structures will remain intact without being held accountable. Cities will become overcrowded and the families moving into them unable to find work or hope in their new location. Communities will become even more broken than before, and despair will overwhelm souls. Planning for the Future What are Agros's goals and plans for the future? Through 2006, our primary focus is to consolidate and strengthen existing projects in Guatemala, Honduras, El Salvador, Nicaragua, and Chiapas, Mexico. At the same time, Agros is ramping up organizational and financial capacity to ensure on-going growth past 2006. At the same time, the need for Agros's work is considerable in countries throughout the developing world. There are many opportunities beyond our current geographic focus that will be considered as part of a long-term expansion plan. We have received requests for assistance from communities in Brazil, India, Kenya, the Middle East, Romania and South Africa. Post-2006 expansion will be determined through a process of (1) documenting need amongst the rural poor; (2) engaging in prayer and discernment, (3) identifying local interest and leadership, (4) receiving an invitation to participate, and (5) raising the requisite funds. When these criteria are met, expansion into new geographies will be considered. Our Christian Commitment Is Agros a Christian organization? Agros is comprised of Christians who desire to follow the teachings of Jesus Christ by serving the rural poor regardless of their faith. We agree that spiritual transformation is key to holistic transformation. It is God who ultimately transforms the individual. Agros plays a role in encouraging the spiritual transformation of individuals in Agros communities. Faith plays a crucial role in the holistic development of the Agros communities. International development organizations worldwide recognize the overall importance of faith in development. The church is the community institution that will survive. It also provides the moral compass for the development of the community and its values for the present and future generations. How does religious faith impact the work you do in the field? We try to model and communicate biblical principles to assist in the transformation of lives. Our role in spiritual transformation is expressed by: Sharing and teaching biblical principles underlying our social and physical services: Land purchase and use Land ownership and repayment Work ethic and responsibility Community organization Leadership development Infrastructure development and maintenance Agriculture & enterprise training Health and education Agros personnel being prepared to respond to and answer the "Why" questions. Why is Agros doing this? Why are you doing this personally? Whom does Agros serve? Agros works with landless, rural families of all faiths who have demonstrated their agricultural vocation and a willingness to cooperate with Agros program goals and expectations. In most cases, Agros assists groups that have already been organized and who demonstrate a need and the values of community and concern for each other. We look for a history of working together and an understanding of the importance of hard work. We work with groups of people who have: Initiated a relationship with local Agros staff Committed to abide by the Agros program and principles Demonstrated active leadership that holds values consistent with those of Agros Shown characteristics that lead Agros staff to believe the group has a strong chance of succeeding as a community. In determining the potential for success of a community, one of the factors necessary is a group of believers in the local area (i.e. a church). We may work with groups that have no professing Christians. Our Funding How is Agros Funded? The funding for Agros comes from three primary resources: Individuals, churches and foundations. Individuals and churches support Agros in the following ways: General Giving Walk with a Family Special Projects and Appeals Journey with a Village Country offices also seek out resources from local and international organizations. There are in-kind donations such as trees, seeds and other supplies. Heifer Project International contributes support for training and small animal husbandry. Most recently the Noemí Fund was developed to provide capital needed to jumpstart development and match donations from other sources. This fund was started to make available rotating credit that is repaid, and to supply future capital. How You Can Help How can churches, community organizations, and businesses get involved with Agros? Agros welcomes opportunities to partner with churches, organizations and businesses through its "Journey with a Village" program. This program partners individuals, families, churches, foundations, businesses or community groups with rural landless families in developing countries where Agros works. The purpose of the partnership is to enable these families to purchase their own agricultural land, build a livelihood, restore self-dignity, and overcome poverty. As a JWAV partner, you have the opportunity to help change these families' lives forever by coming alongside them in a financial and relational commitment of up to 5 years. Our typical process is: Meet : Get to know you, introduce you to the work of Agros and explain the JWAV program. Match : Determine if your goals and the community's goals would benefit through partnership. Champion : Help you select a Village Champion to organize a committee and if desired, delegate responsibilities and provide prayer support. Visit : Put together a trip so that you and other potential supporters can meet the families involved in your new potential partnership. Partner : Formalize the partnership through a signed agreement and celebration with the community. How can I make a donation to Agros? Simply on click on Give Now to make and individual donation, or call us at 206-528-1066. Home | Give Now | How We Work | Inside Agros | Get Involved | Learn More | Contact © 2005 Agros International. 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FAQ on Taxes & Rental Property Intuit Home Intuit Products Support | Order Status | Shopping Cart Home Online Products Desktop Products Business Tips & Resources Sign In Automatic Renewal My Downloads Tax Tips & Topics Business Taxes Education & Taxes Employment Taxes Family & Taxes Homeowners & Taxes Investments & Taxes Retirement & Estate Taxes Tax Law & the IRS Tax Planning & Savings Tax Prep & Filing E-mail this Print this FAQs on Taxes and Rental Property How do I handle taxes on my rental property? When you rent out your own property, you may face two kinds of headaches: tenants and taxes. We can't do much about the tenants, but we can help you with tax questions. TurboTax Premier walks you through rental property issues. Learn more Consider this scenario: Just after graduating from college and getting married, Sue started her first job. Her new job is 800 miles from where she had lived while in school. The condo that her spouse had purchased a few years before they met has dropped in value. Sue and Steve would be out of pocket several thousand dollars if they sold the unit. So they decided to rent out the condo. Now they’re faced with figuring out whether, and how, to report this rental on their tax return. Does this story sound familiar? If so, you're not alone. Taxpayers in similar circumstances find themselves asking these questions: Is rental income taxable ? When do I owe taxes on rental income ? Are security deposits taxable ? What can I deduct ? When can I deduct improvements and repairs ? How do I calculate depreciation ? How do I report a rental activity on my tax return ? What are passive activities, and how do they affect me ? Is Rental Income Taxable ? Yes, rental income is taxable. But you're allowed to reduce your rental income by subtracting expenses that you incur to manage, conserve, and maintain your rental property. When Do I Owe Taxes on Rental Income? As a cash basis taxpayer (which includes nearly all individuals), you must report all income in the year you actually receive it regardless of when it was earned. If you receive rent for January 2006 in December 2005, report the rent as income on your 2005 tax return. If you receive a deposit for first and last month's rent, it's taxed as rental income in the year it's received. If you receive goods or services from your tenant in exchange for rent, you must value the goods or services at their present worth and report that value on your return in the year that they are received. You must also report income that you have received constructively . This means that you have the opportunity to receive the income. For example, if your renters place their January checks in your mailbox late in December, you cannot avoid reporting it as income simply by not removing it from the mailbox until January. Are Security Deposits Taxable ? Security deposits are not included in income when you receive them if you plan to return them to your tenants at the end of the lease. (Deposits for the last month's rent are taxable, because they are really rents, paid in advance.) What If I Pocket Some of the Security Deposit? If you eventually keep part or all of the security deposit because the tenant does not live up to the terms of the lease, you must include that amount in the income that you show on your tax return for the tax year in which the lease terminates. So you should keep track of the security deposits from year to year. This record-keeping isn't difficult if you only own one rental, but as the number of rentals you own increases, so does the paperwork. What Can I Deduct? All expenses incurred and paid by you to manage, conserve, and maintain a rental property are deductible in the year paid. Even if your rental property is temporarily vacant, the expenses are still deductible while the property is vacant and held out for rent. Deductible expenses include, but are not limited to, the following: Advertising Cleaning and maintenance Commissions Depreciation Homeowner's associations dues Insurance premiums Interest expense Local property taxes Management fees Pest control Professional fees Rental of equipment Rents you paid to others Repairs Supplies Trash removal fees Travel expenses Utilities Yard maintenance All expenses deducted must be ordinary and necessary and not extravagant. If you deduct travel expenses, you must allocate your expenses between rental and non-rental activities. For example: John, who loves to ski, owns a rental condo in Park City, Utah, which he visits in January. His travel expenses are deductible if, for example, the primary purpose of his trip is to clean and paint the unit after his tenants have moved out. If during the week, he spends three days cleaning and painting and two days skiing, he may deduct 60 percent of his travel expenses on his tax return. Keep good records. To deduct any expense, you must be able to document the deduction. That means keeping current and accurate records of your expenses paid, including all receipts, checks, and bank statements. When Can I Deduct Improvements and Repairs? Any improvements to the property must be depreciated over their useful lives (which are defined by the IRS), rather than deducted in the year paid. Improvements are actions that materially add to the value of the property or substantially prolong its life. Examples include: Additions to the structure Adding a swimming pool Installing a water filtration system Modernizing a kitchen Installing insulation Repairs, on the other hand, are deductible in the year paid. Unlike improvements, repairs just keep the property in good operating condition. Examples of repairs: Minor repainting Fixing broken gutters or floors Fixing leaks Replacing broken windows or doors For more information see IRS Topic 414: Rental Income and Expenses . How do I Calculate Depreciation? Depreciation is a deduction taken over several years. You generally depreciate the cost of property that has a useful life of more than a year, but gradually wears out, or loses its value due to wear and tear, or wind and rain, when the property is used in business, or to produce income. To figure out the depreciation on your rental property: Determine your cost or other tax basis for the property. Allocate that cost to the different types of property included in your rental (such as land, buildings, so on). Calculate depreciation for each property type based on the methods, rates, and “useful lives” specified by the IRS. 1. Determine Your Cost Basis Your cost basis in the property is generally the amount that you paid for the property (your acquisition cost plus any expenses in making the purchase). Your payment, then, includes any loan proceeds that you used to acquire the property. Review your purchase closing documents to identify any other expenses that you may deduct. Examples include: Financing costs Interest and taxes Homeowner's association dues If you are converting your property from personal use to rental use, your tax basis in the property is calculated differently. Your basis is the lower of these two: Acquisition cost The fair market value at the time of conversion from personal to rental use If the property was given to you or if you inherited it, or if you traded another property for the current property, there are special rules for determining your tax basis in your rental property. Consult IRS Publication 551, Basis of Assets , for more information about computing your tax basis in these situations. 2. Allocate the Cost by Type of Property After determining the cost or other tax basis for the rental property as a whole, you must allocate the basis amount among the various types of property you're renting. When we speak of types of property, we refer to certain components of your rental, such as the land it is built on, the building itself, any furniture or appliances you provide with the rental, etc. If your rental is a condo or other property that shares property within a community, you're deemed to own a portion of that property. Therefore, even a third floor condo is deemed to own a portion of the land and a portion of the purchase price must be allocated to the land upon which the building is built. Why this effort to divide your tax basis between property types? The different types of property are each depreciated using different rules and different lives. 3. Calculate the Depreciation for Each Type of Property Here are the most common divisions of tax basis for a rental property, followed by explanations of the different methods of depreciation. Type of Property Method of Depreciation Useful Life in Years Land Not depreciated N/A Residential rental real estate (buildings or structures and structural components) Straight line 27.5 Nonresidential rental real estate Straight line 39 Shrubbery, fences, etc. 150% declining balance 15 Furniture or appliances Double (200%) declining balance Straight-Line Depreciation In straight-line depreciation, the cost basis is depreciated (or, allocated) evenly over the tax life of the property. Example: A residential rental building with a cost basis of $150,000 would generate depreciation of $5,455 per year ($150,000 / 27.5 years). In the year that the rental is first placed in service (rented), you are allowed a deduction based on the number of months that the property is in service, with 1/2 month for the first month. In the example, if the property is placed in service in August, you are allowed a deduction for 4-1/2 months of $2,046 ($5,455 x 4.5 / 12). Declining Balance Depreciation This kind of depreciation is calculated by multiplying the rate, 150% or 200%, by the straight-line depreciation calculated based on the adjusted balance of the property at the start of the year over the remaining life of the property. To make matters somewhat easier, the IRS and others publish tables of percentages that can be applied to the original cost to determine yearly depreciation. Here's the five-year property table as an example: Year Percentage 1 20.00 2 32.00 3 19.20 4 11.52 5 11.52 6 5.76 Total 100% Example: Declining balance depreciation on furniture used in a rental with a cost of $2,400 in Year 3 would be $461 ($2,400 x 19.20%). Tables for all types of properties can be found in IRS Publication 946: How to Depreciate Property . For general information on depreciation of rentals, see IRS Publication 527: Residential Property . How do I Report a Rental Activity on My Tax Return? As an individual, you report the income and deductions for rental properties on page 1 of Form 1040, Schedule E, Supplemental Income and Loss. The total income or loss computed on Schedule E carries to Form 1040. Report the depreciation of rentals on Form 4562: Depreciation and Amortization . The instructions for these forms explain in detail how to complete these forms. TurboTax products assist you with compiling rental data and reporting the information on the appropriate lines of the appropriate forms. What are Passive Activities and How do They Affect Me? Rental properties are, by definition, passive activities and are subject to passive activity loss rules. These rules are quite complex. In general, the passive activity rules limit your ability to offset other types of income with net passive losses. In other words, if you have losses from a passive activity, such as a rental property you own, you can't always take those losses on your tax return in the current year to reduce income from non-passive activities such as wages, salary, interest, dividends, or gains from sales of stocks. Passive losses can offset income from other passive activities. If you have a net passive loss in any year, that loss is generally suspended (delayed to a later year) until either you have passive income or you completely dispose of the passive activity. But if you actively participate in a rental activity you can deduct up to $25,000 of the rental loss. To actively participate means that you own at least 10 percent of the property and you make management decisions in a significant and bona fide sense, such as approving new tenants, setting rental terms, approving improvements, and so forth. This exception isn't available to everyone. If you have modified adjusted gross income over $100,000, your maximum loss available decreases by $0.50 for every dollar over $100,000. The maximum loss is completely phased out when your modified adjusted gross income reaches $150,000. Modified adjusted gross income is determined by calculating adjusted gross income without regard to deductions for IRA contributions or pensions, taxable social security benefits, adoption assistance payments, income excluded from U.S. savings bonds used to pay higher education tuition and fees, interest on qualified student loans, the tuition fees deduction, and any passive activity loss of taxpayers in a real property business. Example: Phil and Mary have modified adjusted gross income of $90,000 and a rental loss for the year of $21,000. They actively participated in the rental. Since their modified adjusted gross income is below the limit of $100,000, their entire rental loss is deductible. If their loss had risen to $28,000, they would have been limited to a deductible loss of $25,000 this year - the balance of $3,000 would be considered a suspended passive activity loss and therefore would be "carried over" to future years' returns until completely used up. If you're married and you file a separate tax return from your spouse, and if you lived apart from your spouse at all times during the year, the maximum rental loss deduction under the exception is $12,500. Your loss begins to phase out at $50,000 instead of $100,000. If you're married, file separately, but you did not live apart from your spouse at all times during the year, the active rental real estate loss allowance is not available to you at all. You may need to complete Form 8582: Passive Activity Loss Limitations , following the published IRS instructions . If you earn your living working in a real estate arena, you may be considered a real estate professional. The passive activity rules don't apply to real estate activities for many properties owned and managed by real estate professionals. For more information regarding this important exception, consult IRS Publication 527: Residential Rental Property . For more on passive activities, see Tax Topic 425: Passive Activities-Losses and Credits . Home | Online Products | Desktop Products | Business | Tax Tips & Resources | Support Center | Site Index Intuit | Privacy Promise | Feedback | Quicken | Affiliates ©1997-2005 Intuit Inc. Trademark Notices By accessing and using this page you agree to the Terms of Service Software License Agreement

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