Passive Income Taxation

See how rents, dividends, interest, and royalties are each taxed, and how to keep the rate low.

TL;DR

  1. Tax each stream by its type: qualifiedDividends and gains beat interest.
  2. Offset rental income with expenses and depreciation to lower the tax.
  3. Watch the 3.8% NIIT once your income clears the threshold.

Know Your Income Type

    Qualified Dividends

    Dividends that meet the holding rule get gains rates.

    0%, 15%, or 20%
    Ordinary Dividends

    Dividends that miss the rule are taxed as income.

    10%-37%
    Interest

    Bank and bond interest is taxed at ordinary rates.

    Ordinary; munis are federal-free
    Rents and Royalties

    Taxed as ordinary income after expenses.

    Ordinary, net of deductions

Rental Income Rules

    Deduct Expenses

    Interest, repairs, insurance, and fees offset the rent.

    Rent - expenses = taxable
    Depreciation

    Write off the building over 27.5 years each year.

    Building value / 27.5
    The $25,000 Allowance

    Modest earners can deduct rental losses against income.

    Under $100k MAGI, phases out by $150k
    Recapture at Sale

    Past depreciation is taxed back when you sell.

    Up to 25% on recapture

Passive Loss Rules

    Passive Offsets Passive

    A passive loss usually shelters only passive income.

    Rental loss vs rental income
    Suspended Losses

    Losses you cannot use this year carry forward.

    Banked for a future year
    Freed at Sale

    Selling the activity releases its stored-up losses.

    Sell = suspended losses unlock
    Material Participation

    Running a business actively makes its income non-passive.

    Active income dodges passive rules

Keep the Rate Low

    Meet the Dividend Rule

    Hold long enough to earn the qualified rate.

    60+ days around ex-dividend
    Hold Gains Long

    A year-plus turns gains into long-term rates.

    0/15/20% vs ordinary
    Use Municipal Bonds

    Their interest skips federal tax entirely.

    Federal-tax-free interest
    Mind the NIIT

    A 3.8% surtax hits investment income of high earners.

    Over $200k single / $250k joint

Tips

  1. Hold dividend stocks through the holdingPeriod, more than 60 days around the ex-dividend date, so they are taxed as qualified, not ordinary.
  2. Track suspended passiveLosses each year; they free up in full when you sell the activity that created them.

Warnings

  1. Selling a rental triggers depreciationRecapture, taxed up to 25%, so the depreciation you claimed comes partly back at sale.
  2. Passive losses usually offset only passive income, so a rental loss may not cut your wageIncome unless you qualify for the allowance.

In Practice

FAQ