pk
Level 15
Level 15

Investors & landlords

@mpsingh08 , 

1. the only advantage /effect of being a realestate person when renting out properties is theat you losses are not limited i.e. Passive Activity Loss limitation does not apply. However, a business to remain  a business , in the eyes of the IRS   ( rather  than a hobby where effectively no loss recognition is extremely limited) must show profit in at least two of five years  { if my memory serves me correctly }.  

2. I think we are getting distracted by the term "income" --- IRS uses  Gross income   as income  which may be different  from taxable income.   Thus a rental property  could have a gross income of $12,000  on Schedule -E but the  taxable income may be  negative   i.e.  allowable expenses  plus  allowable depreciation exceeds  the gross income.  Thus when we are talking about foreign rental   it is the gross rents  that is counting as income for purposes  of foreign  income and for foreign tax credit on recognition on form 1116.   It is quite possible  that an investors  holds on to a foreign  income property even when  the property  does not pay for itself -- i.e.  a loss on cash flow basis because  of unrealized capital gain for future usage  or unrealized capital loss for use  against    gain  for other investments  for US tax purposes.  So let us recognize that when I said  "as long as there is foreign income" I really did mean  foreign gross income  ( from US perspective )  and  not taxable income --- US tax laws operate   without  effects of foreign  tax laws  except where  double taxation amelioration  occurs  due to  US - other country  tax treaty.

 

Does this make sense  and/or is there more I can do for you ?

 

Namaste ji

 

pk

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