Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 11, 2018

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Losses are deductible up to the amount of “adjusted basis” which is the original cost of the property plus improvements or additions. However, individuals cannot deduct losses unless they are either:

(1) incurred in a trade or business,

(2) incurred in a transaction entered into for profit,

(3) arising from fire, storm, shipwreck or other casualty,  or

(4) from theft.

Deductible losses do not include losses from the sale of capital assets, like stocks and other investment securities. Those are capital losses to which special rules apply. 

Casualty losses are subject to certain limitations. First, the first $100 of each loss is not deductible. Second, all net casualty losses are deductible only if they exceed 10% of the taxpayer’s adjusted gross income (which is income before itemized deductions and exemptions). There are special rules for disaster losses. The purposes of these limitations is to limit casualty losses to those that are substantial for the particular taxpayer. More on casualty losses can be found in IRS Pub 17.

Passive activity losses are generally limited to passive activity income.  Passive activity income would be a trade or business where the taxpayer did not actively participate.  For example, if someone becomes a silent partner in their son’s business, that would be considered a passive activity and any passive losses could only be taken against passive income.  However those losses would carry forward and if that taxpayer eventually sold his share of the partnership to his son, the losses could be taken at that time. Read more on passive activity losses in Tax Topic 425.

Losses from rental real estate activities can also be limited.  Rental real estate is considered to be a passive activity even if the taxpayer is actively involved in managing and maintaining the property.  However, losses up to $25,000 ($12,500 for married filing separately) can be deducted against other income, in any one tax year, as long as the taxpayer actively participates in managing and maintaining the property.  There is, however, an AGI (adjusted gross income) phase out, on a scaled basis, for rental real estate losses.  The phase out begins at an AGI of $100,000.00 ($50,000.00 for married filing separately) and phases out completely at an AGI of $150,000.00 ($75,000.00 for married filing separately).