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.

P.S. I also fail to understand your fascination with real estate. Granted we’ve had some impressive spikes along the way, especially with once in a life time bubble we just went through. But over the long term (see Case Shiller real estate chart for last 100 years ) real estate tends to just track inflation. Why would you sacrifice stock market returns for a vehicle that historically hasn’t shown a real return?
According to Derek Wagar, a Tax Partner at Fuller Landau LLP in Toronto, if an investor is considering selling certain investments at a profit in the near future, it may make sense to trigger those gains gradually over several years (to the extent possible) as the new passive income rules come into effect in 2019 (based on 2018 passive income). Spreading out gains across tax years may allow your CCPC to preserve more of its SBD limit in future years.

If you do not meet any of the above criteria and you lose money on a real estate investment, you still may be able to reduce your taxes. First, use a loss on one real estate investment to offset a profit on another investment. If you make $20,000 on one apartment building but lose $3,000 on a duplex, you will end up with only $17,000 in taxable income from real estate activities. If you only own one property, the IRS usually allows you to carry that loss forward to offset profits in the future.

Thanks for writing this Mr. Samurai. I just got over the student loan hump but I feel pretty good about it at 27 having a graduate degree and being 100% debt free. Now that I’m on the other side it is good for my brain to absorb some of your knowledge regarding passive income investments. I love gleaning wisdom from older folks who have been there and done that. Mentors rock!

2. Repairs: Slightly more ambiguous than their interest deduction counterpart, repairs can only be deducted in the event that they are ordinary, necessary, and reasonable in amount. That said, repairs can only be deducted in the year in which they are made. Common repairs that can be deducted from your taxes come April are fixing leaks, repainting, plastering, replacing broken windows and fixing floors.


I've got a $185,000 CD generating 3% interest coming due. Although the return is low, it's guaranteed. The CD gave me the confidence to invest more aggressively in risk over the years. My online interest income has come down since I aggressively deployed some capital at the beginning of the year and again during the February market correction. You'll see these figures in my quarterly investment-income update.
Peer-to-peer lending ($1,440 a year): I've lost interest in P2P lending since returns started coming down. You would think that returns would start going up with a rise in interest rates, but I'm not really seeing this yet. Prosper missed its window for an initial public offering in 2015-16, and LendingClub is just chugging along. I hate it when people default on their debt obligations, which is why I haven't invested large sums of money in P2P. That said, I'm still earning a respectable 7% a year in P2P, which is much better than the stock market is doing so far in 2018!
Another way to obtain real estate exposure in your portfolio is through the purchase of Real Estate Investment Trusts or REITs.  A REIT is a company that owns or finances income- producing real estate.  REITs are usually structured as a mutual fund so you can purchase REITs on major stock exchanges and offer several benefits such as real estate exposure, diversification, low correlation with financial assets, and potentially higher income than regular equities.
For one thing, there are fewer barriers to entry compared to other types of investments. For example, both Prosper and Lending Club, two of the largest P2P platforms, allow investors to fund loans with as little as a $25 investment. Both lenders also open their doors to non-accredited investors. While Title III of the Jumpstart Our Business Startups (JOBS) Act allows both accredited and non-accredited investors to invest through crowdfunding, every crowdfunding platform has its own policy regarding who can participate.

The Hardy’s used a partner and tax director at an accounting firm with more than 40 years of experience to prepare and file their tax returns. In 2006 and 2007, the Hardy’s reported their income from MBJ as non-passive based on the CPA's professional judgment. They claimed a total disallowed loss and he determined that the income was non-passive based on MBJ's Schedule K-1 that it distributed to Hardy.

While all employees can benefit from 401(k) plans right now, the retirement options for Americans have not been improved to suit the ever-changing needs of the elderly. One of the biggest reasons Americans can’t save as they used to is debt. At present, people are in debt even before they are fully employed. If you are in debt like most Americans, then earning passive income is more important than ever. It can help you pay down debt and generally make you more financially secure.
This one may seem simple, but that’s only because it is. If you were to move your savings from a traditional, brick-and-mortar bank with a low-interest rate and into a high-yield savings account online, over time you can make a surprising amount of extra cash. Online banks are FDIC-insured just like the traditional brick-and-mortar institutions, so your money is just as safe.
If you have a capital loss on the disposition of an interest in a passive activity, the loss may be limited. For individuals, your capital loss deduction is limited to the amount of your capital gains plus the lower of $3,000 ($1,500 in the case of a married individual filing a separate return) or the excess of your capital losses over capital gains. See Pub. 544 for more information.

“There is no such thing as 100% passive income,” says Flynn. “Even with real estate you still have to manage your properties, or even with the stock market, which is potentially passive income, you still have to manage your portfolio. With online business, there is no such thing as 100% passive income — and this is coming from a guy with a blog called SmartPassiveIncome.com. The definition of passive income is ‘building these businesses of automation,’ but in order to keep them automated and keep that trust going with your audience on top of that, you do have to keep it up every once in a while — so a lot of time upfront and a little time after. But there is alway time involved.”


If you own residential or commercial property and earn income by renting it out, then you must pay taxes on your earnings just as you do any wages or salaries that you earn. What you must pay in taxes depends upon what type of investor you are classified as by the Internal Revenue Service. How your rental property taxes are discerned by the IRS depends upon if the IRS views you as an active investor or a passive investor.
Let’s say I am a parttime real estate investor with buy and hold rentals. I have a normal W-2 job but decided for educational purposes to take/pass the state real estate licensing exam. Now if I have an opportunity and want to work on nights/weekends as a real estate agent, does my passive rental income now get taxed (and much higher) as active income? Or does this come down to whether I work +\- 500 hours as an agent?
​Network marketing, or multi-level marketing, seems to be on the rise. Companies such as Young Living Oils, Avon, Pampered Chef, and AdvoCare are all multi-level marketing companies. You can earn passive income through network marketing by building a team underneath you (often referred to as a down line.) Once you have a large team you can earn commissions off of their sales without having to do much.

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