The Tax Court had to decide whether the Hardy’s properly reported Dr. Hardy's income from MBJ as passive, and if so, whether they could deduct a passive activity loss carryover from previous years. It also had to determine whether the Hardy’s overpaid their self-employment tax. Finally, it had to decide if they were liable for the accuracy-related penalties.
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.”
Okay, now you know your idea has some potential to make app passive income. Start doing some homework. Download the app and use it. Get familiar with it. This is where you put on your creative thinking app. It’s not your app idea that has to be completely innovative. It’s the execution of it. A great idea will most likely already have a few versions of it. Read the customer reviews. See what they like. More importantly, see what they are complaining about. This will give you essential information on your target audience. It’s almost as if you’re skipping version 1 and going straight to version 2 of your idea.
You can offset deductions from passive activities of a PTP only against income or gain from passive activities of the same PTP. Likewise, you can offset credits from passive activities of a PTP only against the tax on the net passive income from the same PTP. This separate treatment rule also applies to a regulated investment company holding an interest in a PTP for the items attributable to that interest.
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Under the new rules, the active income a business is allowed to claim at the small business amount is tied to the business’ passive income. Businesses with less than $50,000 in annual passive income can claim the full $500,000 at the 9% small business rate. The amount eligible for the small business rate shrinks by $5 for every $1 over $50,000 that a business makes in passive income, until it eventually reaches zero.


Sharon, you missed my point completely. If you feel you need $8000/month to live the life you want, and you get that $8000/month through passive income, you may feel financially free for a few months. However, next year, you’re not going to be wanting $8000/month + 3% inflation; you’re going to be wanting $16,000/month. This is greed 101. It’s normal. It’s natural.
Well written piece, but I question the core premise. Why the fascination with maximizing “income” (passive or otherwise). Shouldn’t the goal simply be to maximize long-term after tax growth of your entire portfolio? If this takes the form of dividend paying stocks, so be it. But what if small caps are poised to outperform? What if you want to take Buffet’s or Bogle’s advice and just buy a broad market index like the S&P 500, (no matter what the dividend because you’ll just have it automatically reinvested to avoid the transaction fees).
So that is where it gets a little weird too- tax classifications, which might be slightly different than the term defining how much work you do. Owning a business will always be taxed as active income. Rental properties will always be taxed as passive income. The reason being (all theoretical to an extent) is that, in theory, if the business stops selling or performing, income is lost. In theory, rental properties can continue to make money if you do no work on them. If I had a rockstar property manager who constantly handled everything about the property, I could technically do zero work and still receive income. In theory, even if the PM stopped working the property, if a tenant stayed there forever and kept sending money, you get income with no work. Not all that realistic for you to never be involved, and most certainly to succeed without a PM, but taxes assume it’s possible. Work has to continue to happen with a business for it to make income, therefore it’s active.
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.
If all or any part of your loss from an activity is disallowed under Allocation of disallowed passive activity loss among activities for the tax year, a ratable portion of each of your passive activity deductions (defined later), other than an excluded deduction (defined below) from such activity is disallowed. The ratable portion of a passive activity deduction is the amount of the disallowed portion of the loss from the activity for the tax year multiplied by the fraction obtained by dividing:
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And real estate does more than just track inflation – it throws off income (which is important to some people and useful to most). And while your underlying asset is appreciating, the income also grows as rents increase over time. And if you make smart and well-timed purchases, both rents and asset values can increase at well above the rate of inflation.
That said, from time to time I enjoy writing about some of the “other roads to Dublin.” Fancy investments are interesting and sometimes have different risks and rewards when compared with a basic index fund portfolio. Entrepreneurship has changed my life and that of many other physicians. Early financial independence opens all kinds of other doorways in your life. So in a blog about all things financial for high earners, from time to time I write about these other subjects. Today is one of those days.
Flynn, who blogs at Smart Passive Income and discusses his secrets at the Smart Passive Income podcast, defines passive income as “building online businesses that take advantage of systems of automations that allow transactions, cash flow and growth without requiring a real-time presence. We don’t have to trade our time for money one to one. Instead, we invest our time upfront, creating valuable products and experiences for people, and we reap the benefits of that time invested later,” he says, adding, “It’s not easy. I just want to make sure that’s clear.”
3. Travel Resulting From Rental Activity: Far too many passive income investors are not aware of the tax deductions that extend beyond the physical upkeep of a property. Having said that, it is entirely possible to deduct the amount of money you spend traveling for the sake of running and maintaining the property. Anywhere you drive for the sake of the rental, which includes visits to the property itself, can mount to travel expenses. Most notably, you can deduct the actual expenses incurred while traveling (gas, upkeep, repairs, etc). To clarify, travel expenses must be common, helpful, appropriate for your rental activity and — above all else — be solely for rental activities. Much like the repairs made on a property, deductions resulting from travel costs must be made in the same year they were incurred.

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Let’s say a company earns $1 a share and pays out 75 cents in the form of a dividend. That’s a 75% dividend payout ratio. Let’s say the next year the company earns $2 a share and pays out $1 in the form of dividends. Although the dividend payout ratio declines to 50%, due the company wanting to spend more CAPEX on expansion, at least the absolute dividend amount increases.

Passive income is also not subjected to self-employment taxes. But similar to portfolio income, it might be subject to the Net Investment Income tax. So, if you own a rental house, the income generated from the rental house is considered passive income. As a side note, taxpayers used to label themselves as Real Estate Professionals under IRS definition to allow passive losses to be deducted; now we are seeing the same label to avoid Net Investment Income tax on rental income.
First: I understand why you would say that such investments are restricted to only accredited investors, because generally, that’s true. There are means, under federal securities regulations and Blue Sky laws in each state, to sell interests to non-accredited investors – but usually those means are so heavily regulated and involve disclosures so similar to cumbersome registration requirements that it is not worth it for the seller to offer to non-accredited investors.
If the amount you had at risk in an activity at the end of your tax year that began in 1978 was less than zero, you apply the preceding rule for the recapture of losses by substituting that negative amount for zero. For example, if your at-risk amount for that tax year was minus $50, you will recapture losses only when your at-risk amount goes below minus $50.
Under the new rules, the active income a business is allowed to claim at the small business amount is tied to the business’ passive income. Businesses with less than $50,000 in annual passive income can claim the full $500,000 at the 9% small business rate. The amount eligible for the small business rate shrinks by $5 for every $1 over $50,000 that a business makes in passive income, until it eventually reaches zero.
A former passive activity is an activity that was a passive activity in any earlier tax year, but isn’t a passive activity in the current tax year. You can deduct a prior year's unallowed loss from the activity up to the amount of your current year net income from the activity. Treat any remaining prior year unallowed loss like you treat any other passive loss.
Diverse income streams are a cornerstone of wealth creation. For busy entrepreneurs, putting all of your eggs in a single basket – even if that basket is your startup – is a bad idea. As you begin to generate revenue, place at least 10% of your revenue into an investment fund. I personally leverage mutual funds to provide consistent returns of the stock market while minimizing my risks associated with the volatility of individual stocks.

Vanguard: Vanguard has a minimum of $50,000 and a fee of 0.3%. Rebalancing is done automatically once every quarter and tax loss harvesting is done on a client-by-client basis. We included Vanguard because clients who invest between $50,000-$500,000 have access to a team of financial advisors. Those with accounts over $500,000 will have a dedicated advisor.
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