Rental Property Tax Rules – Is My Rental Property Tax Deductible?
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2026 · IS MY RENTAL PROPERTY TAX DEDUCTIBLE?
No
Yes
No
Yes
Yes
No
No
Yes
No
Yes
You do not need to report
any rental income on your
tax return. No rental expense
deductions are allowed.
Itemized deductions may be
allowed, if applicable.
It is considered a
Personal-Use Property.
Yes
No
Do you rent out your
property more than
14 days per year?
Does your personal use in
the property exceed the
greater of: (1) 14 days or
(2) 10% of the days you
rent out your property at
fair market rates?
It is considered a
Mixed-Use Property.
Report all rental income on
the appropriate schedule
of your tax return.
Qualified rental expense
deductions and itemized
deductions (if applicable)
must be allocated
proportionally between
rental vs. personal use.
Do you have any unused
rental expense deductions
in the current tax year or
suspended Passive Activity
Losses (PALs) from prior
tax years?
Yes
No
Do you spend more than
750 hours per year working
in real estate activities, and
are those hours greater
than 50% of all hours (at all
jobs) you work in a year?
Do you successfully meet
the “Material Participation”
criteria and “Real Estate
Professional” (REP) status as
defined for tax purposes?
It is considered a
Rental Property
(Non-Passive Activity).
Report all rental income
and qualified rental
expenses on the
appropriate schedule of
your tax return.
Positive net rental income
is taxed as ordinary income,
but is not subject to the
3.8% NIIT. A QBI deduction
may apply, depending on
your situation. Conversely,
any losses resulting from
your rental properties may
be used to offset ordinary
income on your tax return.
It is considered a Rental
Property (Passive Activity).
Report all rental income
and qualified rental
expenses on the
appropriate schedule of
your tax return.
Do you successfully meet
the “Active Participation”
test as defined for tax
purposes (own at least 10%
of the property and make
management decisions)?
No losses are allowed this
tax year. Unused
deductions may be carried
forward indefinitely as
suspended Passive Activity
Losses (PALs). Consider
employing AGI/MAGI
reduction techniques if it
makes sense for your
financial situation.
You may be allowed a
special allowance of up to
$25,000 (if MAGI is below
$100,000) of passive activity
losses that may be used to
offset ordinary income.
Allowance phases out
between the MAGI range of
$100,000 to $150,000.
Is your MAGI under
$150,000?
Do you have any unused
rental expense deductions
in the current tax year or
suspended Passive Activity
Losses (PALs) from prior
tax years?
Any positive net rental
income will be taxed as
ordinary income for the
current tax year. The
additional 3.8% net
investment income tax (NIIT)
may apply. A QBI deduction
may also apply, depending
on your situation.
Any unused deductions
may be carried forward
indefinitely as suspended
Passive Activity Losses
(PALs), and can be used to
offset other passive activity
income in future tax years.
No losses against ordinary
income are allowed for this
tax year.
If there’s still time left in the
year, you may be able to
change the classification of
your property. Renting it out
more (and reducing personal
use) may enable you to
deduct more expenses
against your rental property.
Yes
No
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Aaron Vaughn
30400 Detroit Road Suite 305a Westlake, OH 44145
aaron@defiantservicesllc.com
| 440-385-0208 |
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