Tax Law (Questions About Taxes)/rental income/loss


According to my research, I will not be able to claim this rental income loss of 3 months of when my condo was vacant yet listed for rent. However, as I read, I qualify up to 25K deduction based on my MAGI and active participation. Can I deduct my loss of rent under this exception?

Also, if I am married next year and filing separately, it does not appear I can deduct anything under this exception while I live with my husband. However, does it matter if I am the only active participant in this property which is also mine and acquired before the marriage and his name is NOT listed on it?


Thanks for your question.

You can't take a deductions for income that was never reported. If it wasn't rented, you can't take a deduction for that rent that you never received. The exception is a loss from renting, not from not renting the property.

If you are married filing separately, you do not get the take the deduction - there is no provision for such special circumstances.

An disallowed losses will be suspended and may be deducted in the year in which the property is sold in a taxable sale.

Hope this helps.

John Stancil, CPA  

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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