If a closely held corporation is actively engaged in equipment leasing, the equipment leasing is treated as a separate activity not covered by the at-risk rules. A closely held corporation is actively engaged in equipment leasing if 50% or more of its gross receipts for the tax year are from equipment leasing. Equipment leasing means the leasing, purchasing, servicing, and selling of equipment that’s section 1245 property.
Great post. Fortunately I learned pretty early on that our whole tax system is set up to provide greater advantages to those earning passive income. Meanwhile, the majority of the workers in the country continue to trade their precious time for a paycheck, and then get screwed through additional taxation on that money. I’m still working a 9-5, but my passive income grows with every month and I’m always looking to build more streams of passive income. You never know when one of those little streams will turn into a raging river and start really providing massive amounts of cash!
One of the biggest advantages of passive income is that it works when you aren’t working. The more passive the income, the less work that is involved at all. This appeals to my inherent laziness. But consider a high-powered surgeon. Sure, her hourly rate, while she is operating, is astronomical. But as soon as she walks out of the OR, that income stream stops until she scrubs in again. Vacation? Not only is there no income stream, but there is likely a negative one due to overhead. When a passive earner is on vacation, that income stream, small as it may be in comparison to the surgeon, keeps right on working. Interest works both ways and as my kids know, interest should be something you get not something you pay. As J. Reuben Clark said nearly a century ago:
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I love travel photography. I spend a bunch of time on credit card churning and manufactured spending, which allows me to travel the world for virtually free. When I’m on the road, I take my camera with me to generate an additional form of passive income. Not only that I truly enjoy travel photography. It is a great hobby for me. Is hobby income passive or nonpassive income?
Dan Caplinger has been a contract writer for the Motley Fool since 2006. As the Fool's Director of Investment Planning, Dan oversees much of the personal-finance and investment-planning content published daily on Fool.com. With a background as an estate-planning attorney and independent financial consultant, Dan's articles are based on more than 20 years of experience from all angles of the financial world. Follow @DanCaplinger
You’re personally liable for a mortgage, but you separately obtain insurance to compensate you for any payments you must actually make because of your personal liability. You’re considered at risk only to the extent of the uninsured portion of the personal liability to which you’re exposed. You can include in the amount you have at risk the amount of any premium which you paid from your personal assets for the insurance. However, if you obtain casualty insurance or insurance protecting yourself against tort liability, it doesn’t affect the amount you are otherwise considered to have at risk.
You’re at risk for amounts borrowed to use in the activity if you’re personally liable for repayment. You’re also at risk if the amounts borrowed are secured by property other than property used in the activity. In this case, the amount considered at risk is the net fair market value of your interest in the pledged property. The net fair market value of property is its fair market value (determined on the date the property is pledged) less any prior (or superior) claims to which it’s subject. However, no property will be taken into account as security if it’s directly or indirectly financed by debt that’s secured by property you contributed to the activity.
In order not to succumb to that, Flynn says it’s important to know your motivation. “Passive income is important to me not just for the financial security but so I can spend time with my family,” he says. “I’ve been able to work from home and witness all my kids’ firsts. I have a one-year-old and a four-year-old, and that's what drives me and gets me pushing through those hard times and why I keep creating new products and why I want to help other people do the same thing.”
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