How the rich use real estate to lower their taxes...
It’s election year and you’re going to hear a lot of disgusting people, politicians, clamoring on and on about the “rich not paying their fair share”. This is a grotesque myth when, in fact, the rich are using the very tax code those same politicians wrote to LEGALLY lower their tax bill. Wealthy individuals often use real estate and depreciation to manage and reduce their tax liabilities….and the best part is, so can you!
Here’s how:
- Depreciation Deductions: Real estate investors can take advantage of depreciation, which allows them to deduct the cost of the property over its useful life. The IRS generally allows residential rental properties to be depreciated over 27.5 years and commercial properties over 39 years. This means that investors can deduct a portion of the property's value each year, reducing their taxable income.
- Cost Segregation: To maximize depreciation benefits, real estate investors often perform a cost segregation study. This study identifies and separates the costs associated with various components of a property (e.g., furniture, fixtures, and improvements) into shorter depreciation buckets, often 5, 7, or 15 years. This accelerates depreciation deductions, allowing investors to write off these costs more quickly and increase their tax savings. Combining this with Bonus Depreciation can provide HUGE tax savings.
- 1031 Exchanges: Investors frequently use 1031 exchanges to defer paying capital gains taxes. Under Section 1031 of the Internal Revenue Code, investors can exchange one or more investment properties for other of “like kind” without immediately recognizing a capital gain. This means they can defer taxes on the appreciation of their property until they sell the replacement property.
- Passive Activity Losses: Real estate investments are often considered passive activities. Losses from passive activities can offset income from other passive activities. For high-income earners who have other sources of passive income, real estate losses can help reduce their overall tax liability. (When discussing this with your tax advisor, ask them about REPs, lazy 1031 exchange and the short term rental loophole for ways to potentially utilize these losses against other types of income).
- Interest Deductions: Mortgage interest on investment properties is generally tax-deductible. Investors often leverage debt to finance their real estate purchases and can deduct the interest paid on these loans, reducing their taxable income.
- Property Management and Operating Expenses: Costs related to managing and maintaining rental properties—such as property management fees, repairs, insurance, and utilities—are deductible business expenses. This, in turn, reduces taxable income.
- Opportunity Zones: Investments in designated Opportunity Zones can provide significant tax benefits, including deferral of capital gains and potential exclusion of gains from the Opportunity Zone investment if held for a certain period.
As with anything IRS-related, it is crucial that you work with a tax professional to ensure you’re complying with the various details associated with any tax strategy that you’re going to employ. This is ESPECIALLY true with things like REP’s, 1031 exchanges and the STR loophole.
Having said that, by leveraging these strategies, individuals can significantly reduce their tax liabilities while building and managing their real estate portfolios. Again, these strategies can be complex and often require careful planning and consultation with tax professionals and financial advisors.

