Passive income

Income earned without material participation, in tax terms. Most rental income counts as passive by default. Losses from passive activities can only offset other passive income, with some exceptions.

Investment terms · Updated September 2026

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Part 1 of 4

Why a seller cares

Rental income is passive by default in the tax code, and passive losses can generally only offset passive income. It is why years of paper losses on a rental may be waiting to be used at the sale.

Part 2 of 4

A simple example

Your rental showed $4,000 of losses a year for six years that you could not deduct against your salary. At sale, the suspended $24,000 is released.

Passive income: a simple example
The situationWhat happens to the losses
Each year, income too high to use themSuspended and carried forward
The year the rental is soldReleased against the gain and other income
Real estate professional statusUsable each year instead

Passive losses wait. The sale is usually when they stop waiting.

Part 3 of 4

What people get wrong

That passive income means no work. In the tax code it is a category, and a landlord fixing toilets still has passive income.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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