No, the deductibility of your rental losses depends on your participation levels and income. Did you answer the active participation questions the same for both K-1s? You should go back through and review your entries.
As a general rule, rental properties are, by definition, passive activities and are subject to the 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.
But the good news is there is an exception: If you actively participate in a rental real estate activity, you can deduct up to $25,000 of your rental loss even though it’s passive. To actively participate means that you:
- own at least 10% of the property, and
- make major management decisions, such as approving new tenants, setting rental terms, approving improvements and so forth. (No, you don't have to mow the lawn or answer middle-of-the-night phone calls from tenants about a backed-up toilet.)
But this exception phases out as your income rises.
- If you have modified Adjusted Gross Income over $100,000, the $25,000 rental real estate exception decreases by $0.50 for every dollar over $100,000.
- The exception is completely phased out when your modified adjusted gross income reaches $150,000.
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