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. 
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.

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?
Nonpassive: Businesses in which the taxpayer materially participates. Also, salaries, guaranteed payments, 1099 commission income and portfolio or investment income are deemed to be nonpassive. Portfolio income includes interest income, dividends, royalties, gains and losses on stocks, pensions, lottery winnings, and any other property held for investment
If you have specialized knowledge in a certain topic, you can put together an online course to teach others. For example, if you have experience in real estate investing, you can create an online course “Real Estate Investing 101”. The benefit of an online course is that once you create the course material, you can sell it to as many people as you want.
If an investor puts $500,000 into a candy store with the agreement that the owners would pay the investor a percentage of earnings, that would be considered passive income as long as the investor does not participate in the operation of the business in any meaningful way other than placing the investment. The IRS states, however, that if the investor did help manage the company with the owners, the investor's income could be seen as active since the investor provided "material participation." 

Let’s take a look at a smaller and more niche category for the sake of our discussion. We’ll look at “Food & Drink” on the iOS app store. Less big companies and less noise in these smaller categories. You can see the top grossing app is eMeals. A meal planning and grocery shopping list app. Number 5 is another meal planning app. Even has the same green icon. See a trend here? You’ll also see that 16 out of the top 24 grossing apps are “freemium” apps. Meaning, their business model is to give an app away for free and up-sell upgrades.


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Proof of participation. You can use any reasonable method to prove your participation in an activity for the year. You don’t have to keep contemporaneous daily time reports, logs, or similar documents if you can establish your participation in some other way. For example, you can show the services you performed and the approximate number of hours spent by using an appointment book, calendar, or narrative summary.
I guess I just don’t understand why the specific importance of focusing on “dividends” instead of focusing on the total return of your investment, including stock appreciation. I don’t really care if a company decides to issue a dividend or not; presumably, if they don’t issue a dividend, then they’re doing other things to increase the value of the company, which will be reflected in the stock price of the company. As an investor, I can make money by selling a percentage of my holdings or collecting dividends, and I don’t really care how that’s divided up – it’s an artificial distinction.
The activity is a significant participation activity, and you participated in all significant participation activities for more than 500 hours. A significant participation activity is any trade or business activity in which you participated for more than 100 hours during the year and in which you didn’t materially participate under any of the material participation tests, other than this test. See Significant Participation Passive Activities , under Recharacterization of Passive Income, later.

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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. 

Investors turn to real estate as a way to build long-term wealth, earn additional income, and generate a tax shelter. Using real estate as a tax shelter that extends to other income can be a complicated process. Knowing how you can use any losses generated by your rental real estate starts with understanding how the IRS defines and treats passive and active income.
Haha, that is too funny. I wanted to make an app back in the day called “MyShares” (You can probably tell how I cam up with the name at the time). The idea was that I would loan out books and DVD’s and then would never get them back. Then I thought, how cool would it be if I could rent those items out and that would motivate people to bring them back. Obviously, books and DVD’s are cheap, so this isn’t the money maker. The idea that would probably make the most money would be things like tools, ATVs, etc.
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