The average period of customer use of the property is 7 days or less. You figure the average period of customer use by dividing the total number of days in all rental periods by the number of rentals during the tax year. If the activity involves renting more than one class of property, multiply the average period of customer use of each class by a fraction. The numerator of the fraction is the gross rental income from that class of property and the denominator is the activity's total gross rental income. The activity's average period of customer use will equal the sum of the amounts for each class.

Great breakout of some common items that are (mostly) accessible to individuals. My biggest issue with p2p is the ordinary interest it generates and the ordinary tax that we have to pay. That really takes a bite out of the returns. Fortunately, I opened an IRA with one of the providers to juice the return with zero additional risk. 6-8% nominal returns over a long period of time will make me very happy. It should end up as 5-7% of the portfolio anyway, so nothing too significant.


The current laws don’t really distinguish between active and passive income. Since passive income is already taxed at a lower rate, companies can use dividends as a way to gain a tax advantage by paying dividends out of active (and lower-taxed) income rather than passive income. Business owners will now have to prove they’re paying dividends out of investment income, which will make it more difficult to game the system by getting a double deduction on lower-taxed dividends. Some business owners use dividends as a method of retirement savings. If your small business clients get their household income from dividends, talk to them about alternative strategies, such as setting up payroll and switching to a salary. While salaries are taxed at a higher rate, they’re also helpful for retirement savings as they involuntarily trigger Canada Pension Plan contributions.

As a private lender, you can lend to anyone in your social circle. For example, many home rehabbers need access to a source of capital they can tap into very quickly in order to fund the initial purchase of their properties. You can partner with a rehabber who uses your capital for a short-term in exchange for an interest rate that is mutually agreed upon.
The same analysis would apply to a situation where a CCPC carrying on a real estate property realizes a capital gain upon the sale of one of its rental properties. The RDTOH generated from the capital gain, would now be refunded to the corporation only upon the payment of a dividend that is not an Eligible Dividend sourced from the passive income. As a result, the additional 4% personal income tax cannot be postponed at the individual level while having at the same time the corporation benefit from the RDTOH refund.
Indeed, the tax deferral was seen by the government as so valuable that it took legislative steps in the 2018 federal budget to substantially reduce it in some circumstances. Beginning in 2019, the SBD limit will be reduced based on the amount of “adjusted aggregate investment income” (AAII) the CCPC earned in the prior year. AAII is effectively passive investment income — think interest, dividends and capital gains — with a few adjustments.
Pursuing passive income can be the right move for you, especially if you just need some extra cash to pay off debts. It’s important, though, that you find the right side hustle for you and your lifestyle. There’s no point in creating passive income if it’s not passive at all. Decide how much time and money you have to spare. Then choose the passive income venture that will prove most worthwhile.

In expensive cities like San Francisco and New York City, net rental yields can fall as low as 2%. This is a sign that there is a lot of liquidity buying property for property appreciation, and not so much for income generation. This is a riskier proposition than buying property based on rental income. In inexpensive cities, such as those in the Midwest, net rental yields can easily be in the range of 8% – 12%, although appreciation may be slower.

What about getting hit with AMT (Alternative Minimum Tax) in cases your passive income / capital gains are too high? I’m not that familiar with the details of AMT, but I got hit with AMT one time due to an “exercise and hold” of ISOs (stock options). My CPA explained it’s another method of calculating my tax liability, and in cases I gain too much capital gains, the IRS may treat and tax them as ordinary income.
I prefer assets that make me a high return for the lowest amount of work possible (semi-passive involvement). And assets that pay me in several unique ways. Cash flow is only one way RE makes money for me. I also get principal reductions, appreciation, tax advantages (depreciation), and I control the rental increases on a yearly basis. Plus a majority of the capital is provided by the secondary market on 30 year fixed low interest rate debt.
The average period of customer use of the property, as figured in (1) above, is 30 days or less and you provide significant personal services with the rentals. Significant personal services include only services performed by individuals. To determine if personal services are significant, all relevant facts and circumstances are taken into consideration, including the frequency of the services, the type and amount of labor required to perform the services, and the value of the services relative to the amount charged for use of the property. Significant personal services don’t include the following.
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I prefer assets that make me a high return for the lowest amount of work possible (semi-passive involvement). And assets that pay me in several unique ways. Cash flow is only one way RE makes money for me. I also get principal reductions, appreciation, tax advantages (depreciation), and I control the rental increases on a yearly basis. Plus a majority of the capital is provided by the secondary market on 30 year fixed low interest rate debt.
The second withholding amount is for Medicare tax. This tax is 2.9 percent of all wages. Again, this tax is jointly the responsibility of the employee and the employer, with each paying 1.45 percent. Unlike the Social Security tax which has an earnings cap, this tax does not. Any wages or other forms of earned income are considered subject to this tax. If self-employed, you pay the full 2.9 percent. These payroll taxes are used to fund Social Security benefits and Medicare benefits.
Some retirees start consulting businesses, do handy-man work, or in some other way become self-employed. Many are caught off guard by the payroll/FICA tax and can get behind on taxes once they become self-employed. If you become self-employed be sure to work with a good tax professional who can help you calculate the right amount of payroll tax to send in, otherwise April 15th will be a very unpleasant time of year for you. 

Real estate rental income is one of the best passive income opportunities I’ve taken advantage of. When you buy a rental property, you are buying a home, apartment building or commercial building, then renting it out to someone who cannot afford to buy it themselves. It is a win-win for everyone. They get a nice place for a reasonable price and you get a property that is being paid for by the tenant.


Keep in mind, many questions can be answered on IRS.gov without visiting an IRS Tax Assistance Center (TAC). Go to IRS.gov/LetUsHelp for the topics people ask about most. If you still need help, IRS TACs provide tax help when a tax issue can’t be handled online or by phone. All TACs now provide service by appointment so you’ll know in advance that you can get the service you need without long wait times. Before you visit, go to IRS.gov/TACLocator to find the nearest TAC, check hours, available services, and appointment options. Or, on the IRS2Go app, under the Stay Connected tab, choose the Contact Us option and click on “Local Offices.”

Another common way to earn passive income is to invest in real estate. This does involve some hefty investment on your part to get started, though, since real estate doesn’t come cheap. The goal is to earn enough back by renting out the property to not only cover your original investment, but to also turn a profit. Keep in mind that similar to letting your room through Airbnb, this venture may require some time and money to maintain. Plus, you will have to rely on others and tenants to keep the property in good shape.


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.
There are three main categories of income: active income, passive income and portfolio income. Passive income has been a relatively loosely used term in recent years. Colloquially, it’s been used to define money being earned regularly with little or no effort on the part of the person receiving it. Popular types of passive income include real estate, peer-to-peer (P2P) lending and dividend stocks. Proponents of earning passive income tend to be boosters of a work-from-home and be-your-own-boss professional lifestyle. The type of earnings people usually associate with this are gains on stocks, interest, retirement pay, lottery winnings, online work and capital gains. 
Special rules regarding passive activity losses were enacted in 1986 to limit the amount you could reduce your tax liability from passive income. However, you can still reduce your non-passive income up to $25,000 if your income is below $150,000 and you actively participate in passive rental real estate activities. This amount is phased out between $100,000 and $150,000. Other than this exception, you may only claim losses up the amount of income from the activity. Losses that can not be claimed are carried forward until the property is disposed of or there is adequate income to offset the loss. Real property and other types of investments, if they qualify, may also be used in a 1031 exchange to avoid paying taxes on the income from the sell of the property. This only applies if the proceeds from the sell are used to purchase a similar investment.
In the Tax Court Case of  Stephen P. Hardy, et ux. v. Commissioner, TC Memo 2017-16.  Dr. Stephen P. Hardy is a plastic surgeon who has specialized in pediatric reconstructive surgery since the early nineties. He conducted his medical practice through Northwest Plastic Surgery Associates, which is a single member PLLC. Mrs. Hardy is the chief operating officer. Previously, Dr. Hardy performed operations either at his office or at two local hospitals.
I have to agree. Our Duplex cost us 200k initially in 1998. Over time and completely refurbishing the property with historically appropriate sensitivity, we invested another 200k or so. We just had a realtor advise us we could ask 700k for it today. It nets us 30k annually after taxes, insurance and maintenance. We still have a loan on it which I have not taken into account, that will be paid off within 5 years if we keep it. My mental drama now is, while I am quite giddy over the prospect of earning a tidy sum of profit if I sell, what then would I do to equal the ROI and monthly income this thing generates? Rents are low, they should be 4k a month and will only go up. Tempted to keep it and not sell. And while I do have some stocks, I basically suck at them. I am much better at doing properties.
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.
When I did her recent tax return she had $45,000 in passive losses from the rentals and $35,000 in income from her S-Corporation. I called her and found out how many hours she had only worked for three months in her S-Corp, which was less than 500/750 hours per year.  I changed the nature of the income from the S-Corporation to passive, thereby eating up the passive losses from the rental. 
The U.S. Internal Revenue Service categorizes income into three broad types, active income, passive income, and portfolio income.[1] It defines passive income as only coming from two sources: rental activity or "trade or business activities in which you do not materially participate."[2][3] Other financial and government institutions also recognize it as an income obtained as a result of capital growth or in relation to negative gearing. Passive income is usually taxable.
A planning opportunity may be available by converting a primary residence into rental real estate.  For example, Mary purchases a condo in 2010 and in 2013 decides to upgrade into a single family home.  She rents out the condo to earn some money.  Due to recent developments in the area, the condo is now worth much more and she sells it for a gain of $100,000.  Since Mary lived in the home for 2 out of the past 5 years, the entire gain is excluded from income.  The 2 year rule can occur anytime during the 5 year period and does not have to be consecutive.  Keep in mind though that if you do the opposite and convert rental property to a primary residence, the rules are more complex and the gain exclusion tends to be limited.
Payroll taxes are primarily Social Security and Medicare taxes. All earned income is subject to Medicare tax. That’s 2.9% (including the employer portion), plus the extra PPACA tax of 0.9% for a high earner. That’s 3.8%. What do you get for that 3.8% (which may be $20K a year or more for a high earner)? Exactly the same benefits as the guy who paid $1000 in Medicare taxes that year. And the guy who only paid Medicare taxes for 10 years and retired at 28. Doesn’t seem too fair, does it, but that’s the way it works. Social Security tax is a little better in that it goes away after $127,200 per year of earned income, but it is also a much higher tax- 12.4% including the employer portion. Social Security also gives you a little more of a benefit when you pay more into it, but the return on that “investment” is pretty poor beyond the second bend point.
Some investments, such as certain notes, T-class units of mutual funds and REITs, pay a mixture of income and a return of capital. A return of capital is not included in income in the year received; rather, it reduces the adjusted cost base of the investment and increases the capital gain (or decreases the capital loss) on the future disposition of the investment.
In 2017, I ended up deploying roughly $611,000 into stocks and $604,327 into municipal bonds. The stock allocation should boost dividend income by about $12,500 a year, and the municipal-bond portion should boost income by about $18,000 a year after tax ($26,000 pre-tax). Therefore, total passive income gets an about $38,500 lift, which recovers over half of my $60,000 loss from selling the house.
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