Real estate is more than just a path to passive income—it’s one of the most powerful tools in your tax-planning toolkit. When used strategically, real estate investments can generate significant “paper losses” that help lower your taxable income. But if the rules aren’t followed carefully, those benefits can be lost or locked away.
At Molen & Associates, we work with many clients—especially business owners and self-employed professionals—who are looking to maximize their tax savings through real estate. Here’s a breakdown of how to use real estate losses to your advantage and avoid common pitfalls along the way.
Step One: Understand How Depreciation Works
The IRS doesn’t let you deduct the full cost of a building right away. Instead, you recover that cost over time through depreciation, which allows you to reduce your taxable income gradually.
Here’s the standard timeline:
- Residential rental property: 27.5 years
- Commercial property: 39 years
- Land: Not depreciable
While that’s helpful long-term, waiting 30+ years to fully benefit doesn’t help much now. That’s why many investors turn to acceleration strategies.
Step Two: Accelerate Depreciation with Cost Segregation
A Cost Segregation Study (CSS) is a powerful way to fast-track your depreciation. Rather than treating your building as one asset, a CSS breaks it down into components that can be depreciated over much shorter periods—like five or 15 years.
This includes things like:
- Five-Year Items: Appliances, carpets, fixtures
- 15-Year Items: Landscaping, parking lots, exterior lighting
Here’s the best part: Any assets with a recovery period of 20 years or less can qualify for bonus depreciation, allowing you to deduct up to 100% of their cost in the first year (subject to current IRS rules). That can mean tens or even hundreds of thousands of dollars in immediate tax deductions—without spending any extra cash.
Step Three: Don’t Let Passive Loss Rules Catch You Off Guard
Depreciation deductions are fantastic—but they’re considered passive losses by default. That means they can only reduce passive income (like other rental income), not your W-2 wages or business income.
If your real estate losses are classified as passive, they might not reduce your current-year tax bill unless you either:
- Have other passive income, or
- Sell the property
But there are workarounds.
Step Four: Qualify as a Real Estate Professional
The Real Estate Professional Status (REPS) allows your rental losses to be treated as non-passive—which means they can offset income from your job or business.
To qualify:
- Spend 750+ hours per year in real estate activities
- It must represent more than 50% of your total working time
- You must materially participate in your properties (or make a grouping election)
Even if you’re not active in real estate, a spouse may qualify—opening the door to big tax savings for couples with high combined income.
Step Five: Use Short-Term Rentals to Your Advantage
Not ready to meet REPS requirements? Short-term rentals offer a possible workaround.
If the average stay is 7 days or fewer, and you materially participate (typically 500+ hours or 100+ hours if no one else works more than you), then the income and losses may be considered non-passive—without needing REPS.
This strategy is popular for clients who run Airbnb or vacation rental properties on the side.
Step Six: Watch for the Self-Rental Trap
If you own a business and also own the property your business rents—this one’s for you.
Many business owners place the property in an LLC for liability protection and lease it back to their business. While smart legally, it can cause tax trouble.
Here’s the issue: the IRS sees the rental income as passive and your business income as active. So even if you use cost segregation, your rental losses get stuck and can’t offset your business income—unless you file a grouping election.
The Grouping Election: A Must-Do
By grouping your rental and business as a single activity (allowed if you have common ownership/control), you can use your real estate losses to reduce business income.
But here’s the catch: you must include this election with your original tax return. It cannot be added later through an amendment. Miss it, and your deductions are trapped.
This is why having a tax advisor experienced in real estate strategies is so important.
Step Seven: Plan Your Exit—Recapture is Real
Accelerated depreciation isn’t “free” forever. When you sell the property, you may have to pay depreciation recapture tax—often taxed at 25%.
Still, the upfront tax savings usually outweigh the future cost, especially if you:
- Use those savings to reinvest and grow
- Plan ahead with strategies to defer or avoid recapture
Step Eight: Use 1031 Exchanges to Defer Taxes
One of the most effective deferral tools is the 1031 exchange, which lets you sell a property and reinvest in a similar one without triggering taxes immediately.
Used correctly, this can delay both capital gains and depreciation recapture taxes—potentially for decades.
Step Nine: Pass Properties to Heirs Tax-Free
If your goal is long-term wealth, real estate can be a fantastic legacy tool.
When heirs inherit property, they receive a step-up in basis to the current market value—eliminating the depreciation recapture and capital gains tax. It’s one of the rare chances to legally wipe the tax slate clean.
Your Next Steps
Here’s a simplified roadmap to putting these ideas into action:
- Get a Cost Segregation Study – Especially if you’ve recently acquired rental or commercial property.
- Review Your Income Mix – Work with your advisor to see if your losses are passive or non-passive.
- Make the Right Elections – Don’t miss grouping elections or REPS status—these can’t be fixed after the fact.
- Plan for the Future – Use tools like 1031 exchanges and estate planning to reduce or eliminate future taxes.
- Work With Experts – Real estate tax strategy is a specialized area. Make sure your advisor knows how to help you navigate it.
Final Thoughts from the Molen Team
Real estate investing offers incredible tax advantages—but only if you understand the rules. At Molen & Associates, we’ve helped countless clients take advantage of cost segregation, passive loss strategies, and long-term tax planning to keep more of what they earn and invest it into their future.
If you’re considering buying real estate or already own rental property, schedule a consultation with our team. Let’s make sure your strategy is aligned—not just for this year’s taxes, but for your long-term goals.
