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The Daily Insight

Can you take a tax loss on real estate?

Author

James Williams

Published Mar 21, 2026

Losses from selling a personal residence are not deductible. Generally, you can only claim tax losses for sales of property used for business or investment purposes. So, if the house declined in value before converting it into a rental property you might have a low basis and not have a tax loss.

How does the sale of real estate affect taxes?

If you sell property that is not your main home (including a second home) that you’ve held for at least a year, you must pay tax on any profit at the capital gains rate of up to 15 percent. Profit from selling buildings held less than a year is taxed at your regular rate.

What are tax opportunities for real estate developers?

Sale of land by single-family residential developer to related S-corp – Developers of single-family residential lots and homes often do not enjoy the long-term tax deferral and capital gains rate opportunities enjoyed by developers of apartments, office buildings, warehouses, shopping centers and hotels.

Do you have to pay taxes on real estate losses?

However, since real estate professionals are generally not subject to the passive loss rules with respect to projects in which they actively participate, they may be able to shelter their fee income from tax using losses from projects in which they have an equity stake.

How does depreciation work for real estate developers?

For income tax purposes, the borrower continues to deduct the interest expense as incurred, but may have a write-off if a swap termination fee is paid. Depreciation – The cost of land is generally not tax deductible until you later sell it, but most of the costs incurred in adding value to it can be depreciated.

When to use long term capital gains for real estate?

In the development context, the sale of land that is held for investmentpurposes will qualify for long-term capital gains treatment if the land has been held for more than one year prior to the sale, whereas the sale of land that is held as inventoryby the seller will be subject to tax at the higher ordinary income tax rates.