The business isn’t an excluded business. Generally, an excluded business means equipment leasing as defined, earlier, under Exception for equipment leasing by a closely held corporation , and any business involving the use, exploitation, sale, lease, or other disposition of master sound recordings, motion picture films, video tapes, or tangible or intangible assets associated with literary, artistic, musical, or similar properties.
Where a CCPC has a RDTOH balance, since it has earned passive income, yet has also earned income that is active not subject to the small business deduction, there is an opportunity to benefit from additional deferral. The income that was taxed at the active tax rate of 26.7% would be eligible to be paid to the shareholder as an eligible dividend (“Eligible Dividend”). When an Eligible Dividend is paid that generates a tax refund from the RDTOH pool of the company, there is a 4% tax savings than if the dividend was not an Eligible Dividend. Profits from passive income do not need to be paid as a dividend that is not an Eligible Dividend to the shareholder for the corporation to recover its RDTOH pool. There is currently no ordering rule or tracking system forcing corporations to declare and pay a dividend that is not an Eligible Dividend taxed at a higher rate in the individual’s hands in order for it to recover its RDTOH.
The K-1 stated that the income was from a trade or business and included self-employment tax. Dr. Hardy's ownership interest in MBJ was not grouped with his medical practice activity, and the grouping regulations were not considered. In 2008, their CPA determined that the income from MBJ was passive and started to report it accordingly. He determined this because he learned that Dr. Hardy was not involved in any management of MBJ and was not liable for the debts of the company. He did not amend the 2006 and 2007 returns because he believed the difference was immaterial. In 2008 through 2010 the Hardy’s reported the MBJ income as passive and claimed an allowed loss.
If you are not a real estate professional but oversee your rental real estate, your revenue qualifies as a different type of passive income and you might be able to claim a portion of any losses against active income. As of the 2018 tax season, you can write off up to $25,000 a year in rental real estate losses if your Adjusted Gross Income is $100,000 or less. If your AGI is over the threshold, the size of the loss you can claim goes down by 50 cents for every dollar of income. At an AGI of $150,000, you no longer can take the passive loss against other income.
Fulfillment by Amazon (FBA) is another model that has been gaining popularity in recent months. The major difference from the model that I described above is that instead of shipping it to a warehouse, you ship it directly to Amazon. For a cut of the money on each sale (and they also charge storage costs), they package it all up and send out your order. You make less money than doing it yourself, however once set up, it does have the hands-off factor going for it.