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Investors & Marriage: The IRS's $50,000 Tax Penalty for Getting Married

By
Services for Real Estate Pros with Rentec Direct Property Management Software

Just tied the knot?  Uncle sam might be very pleased because he'll have his hooks into $50,000 more of your income this year.

How can this be, isn’t marriage and family supposed to reduce tax liability, especially among the middle-class.  Not so.  Here’s how it works.  As a single tax payer you have up to a $25,000 passive activity loss that can be taken against rental properties which can offset your regular income from another job.   This passive activity loss can include all the regular repairs, taxes, depreciation, mortgage interest and other allowable losses that most investors rely upon.

This passive activity loss offsets standard income dollar for dollar.  So for instance if you work at a real-estate firm and earn a paycheck for $75,000 per year and have $25,000 in losses on your investment properties, your taxable income sheds the $25,000 and becomes $50,000.  If your soon-to-be married partner has a similar job and similar losses, they earn the same benefit for a combined taxable income reduction of $50,000.

The meat and potatoes:  This penalty doesn’t affect everyone, but does affect many middle-class tax payers.  The day you tie the knot, combine your total income and refer to the following chart.  For every two dollars above $100,000 in income, the IRS removes $1 in passive activity loss credit, illustrated here.

Combined income exceeds $150,000:  Full $25,000 tax penalty for each partner.
Combined income exceeds $125,000:  $12,500 tax penalty for each partner.
Combined income below $100,000:  No tax penalty.

Unfortunately, like so many others, this tax law was not indexed for inflation and the dollar has been devaluing (inflating) faster than ever.  Therefore in the past this might have only affected high income couples, but today affects many more, and tomorrow will affect everybody including the lower income classes.

I’ve discussed this with numerous CPAs who do have an opinion on this IRS penalty.  The IRS has no incentive to fix this broken law because it means more and more income for the IRS.  How to avoid this penalty?  Either don’t have any passive activity losses, or don’t get married if either of your singular income is below 100k currently, and when combined it goes above 100k.

For full details on this penalty and all the rules behind passive activity losses, review the IRS publication here: http://www.irs.gov/pub/irs-mssp/pal.pdf

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Nathan is a member of Rentec Direct who provides property management software, tenant ach payment processing, and Rentec Direct's tenant credit, criminal, and eviction screening

 

David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

I love the IRS and I love our tax model it is very fair and beneficial...

bartender I would like another bottle of Tequila! lol

 

Jul 14, 2011 08:39 AM
Christopher John
C.J.F.@Associates - Lucerne Valley, CA

I really believe that the goverment has people sitting around figuring out ways to get more money out of us all.

Jul 21, 2011 03:32 AM
Greg McCallum
Colorado mountain retreats Realty - Breckenridge, CO

Despite our elected representatives assurances that they support business and investment, this is just a further example of how the Gov't is trying to take from business people and investors in favor of big Gov't programs that hand out favors to those who are happy to turn control over their destiny to Gov't bureaucrats. Those bureaucrats will guarantee them "security" in the form of government health care, unlimited unemployment benefits, etc... It's simple why they do it - there are many many more people who want hand outs than there are entrepreneurs like us.  They know how to buy those votes! Take from us and give to the unwashed masses!

Jul 27, 2011 08:51 AM