Tax benefits of real estate investing: What actually cuts your bill
This article is general information for real estate investors, not tax or legal advice. Depreciation, entity choice, participation tests and recapture depend on your facts, and the rules change. Consult a qualified tax professional about your situation and a Michigan attorney about entity and title questions.

The largest tax benefit of real estate investing is depreciation: residential rental property is written off over 27.5 years, nonresidential real property over 39, on a straight-line, mid-month basis. Layered on top, 100% bonus depreciation was restored for qualifying property acquired after January 19, 2025, letting investors expense eligible short-life components immediately instead of over decades.
Together those provisions can turn a cash-flowing property into a loss on your return. Whether that loss is worth anything depends on rules most articles skip. Learn how bonus depreciation and cost segregation work, when a paper loss can offset W-2 income, what real estate professional status takes, why short-term rentals differ, and what recapture costs on exit.
Key takeaways:
- Bonus depreciation is 100% again, but not on the building: Property acquired after January 19, 2025 gets a 100% first-year allowance, but only MACRS property with a recovery period of 20 years or less qualifies, so the 27.5-year shell never does.
- The $25,000 loss allowance disappears fast: Investors who actively participate can deduct up to $25,000 of rental loss against other income, but the allowance drops by 50 cents per dollar of modified AGI above $100,000 and reaches $0 at $150,000.
- Depreciation is recaptured whether or not you claimed it: Basis is reduced by depreciation you deducted or could have deducted, and unrecaptured Section 1250 gain is taxed at a maximum 25% rate when you sell.
Why is real estate taxed more favorably than other assets?
Because you get to deduct a cost you did not pay that year. Depreciation writes off 1/27.5 of a residential rental’s building basis annually, roughly 3.64%, while the property may be appreciating and a tenant pays down the mortgage. No comparable deduction exists for a share of stock.
Two constraints get missed: land is never depreciable, so the purchase price has to be split between land and building, and year one is prorated under the mid-month convention rather than claimed in full. Both, plus which recovery period applies and when the clock starts, are worked through in real estate depreciation. This article stays on the strategy layer above them.
The ordinary write-offs sit underneath all of this: mortgage interest, property taxes, insurance, repairs, management fees, utilities you pay, professional fees and qualifying travel are deductible against rental income, and rental activity that rises to the level of a trade or business may also qualify for a deduction of up to 20% of qualified business income, subject to taxable-income thresholds and wage or property limits. Those are mechanics, not strategy. Real estate tax benefits for investors works through each, real estate depreciation covers the schedules, and the IRS rules for residential rental property income and expenses are the primary source.
New to the asset class? Start with our Real Estate Investing guide and the Investing Basics hub. Strategy only pays once the property works.
What is bonus depreciation, and what does it actually apply to?
Bonus depreciation is a first-year allowance that lets you deduct the full cost of qualifying property immediately, and the rate is 100% for qualified property acquired after January 19, 2025. The 2025 legislation replaced the old annual phase-down (the 80%, 60%, 40% schedule much published guidance still repeats) with a permanent 100% allowance, per Treasury and IRS guidance on the additional first year depreciation deduction. A source quoting a phase-down percentage is describing superseded law.
The critical limit: qualified property is tangible property depreciated under MACRS with a recovery period of 20 years or less. A residential rental building is 27.5-year property and a nonresidential building is 39-year property, so neither the shell nor its structural components qualify. Bonus depreciation reaches only shorter-life assets inside and around the building.
That is why cost segregation exists. A study reclassifies components (appliances, certain flooring, cabinetry, dedicated electrical, land improvements like paving and fencing) into their correct shorter recovery periods instead of leaving them buried in the 27.5-year shell. The IRS publishes a Cost Segregation Audit Techniques Guide precisely because these studies get examined; classification turns on the manner of attachment and how permanently the item is designed to remain in place, not on what an investor would prefer. Used property can qualify if it was not acquired from a related party.
| Feature | Standard depreciation | Bonus depreciation |
|---|---|---|
| Timing of the deduction | Spread evenly over 27.5 years (residential) or 39 (nonresidential) | Entire cost deducted the year the asset is placed in service |
| What qualifies | The building and structural components, excluding land | Only MACRS property with a recovery period of 20 years or less |
| Method | Straight line, mid-month convention | Full expensing, taken before regular depreciation |
| Cost on exit | Unrecaptured Section 1250 gain, taxed at a maximum 25% rate | A special depreciation allowance can trigger recapture as ordinary income |
| Best fit | Buy-and-hold investors with modest component value | Investors with income to shelter now who plan to hold |
A study costs real money and only pays when there is enough short-life basis to justify it and enough income for the deduction to land against. Run that math with a CPA.
How do the passive activity loss rules limit what you can deduct?
They are why a large paper loss often deducts nothing this year. Rental activity is passive by default, and passive losses generally offset passive income rather than wages, business income or portfolio income. The suspended balance carries forward, but it does not lower this year’s bill.
One broad exception: if you actively participate in rental real estate, you can deduct up to $25,000 of loss against nonpassive income. Active participation is a far lower bar than material participation, approving tenants, setting rental terms and approving expenditures generally count. The catch is the income test.
- The allowance phases out over a $50,000 band: The $25,000 maximum is reduced by 50% of modified adjusted gross income above $100,000, so at $120,000 of MAGI the allowance is $15,000 and at $150,000 or more it is $0.
- These are flat statutory amounts: The $100,000 and $150,000 figures are fixed dollar thresholds, not brackets that index with inflation, so wage growth quietly erodes the benefit.
- Filing separately shrinks it further: Married taxpayers filing separately who lived apart all year are limited to $12,500, and spouses who lived together at any point cannot use the allowance at all.
- Suspended losses free up on disposition: Unused losses accumulate and are generally released when you dispose of your entire interest in the activity in a fully taxable transaction.
This rule decides whether cost segregation is worth doing. A six-figure first-year deduction, in a household above $150,000 of MAGI with no other passive income, may simply suspend. See the IRS passive activity and at-risk rules and our explainer on the impact of new tax laws on homeownership.
Who actually qualifies as a real estate professional?
Very few W-2 employees do, and the test is stricter than the shorthand suggests. You must satisfy both prongs: more than 750 hours of services during the tax year in real property trades or businesses in which you materially participated, and more than half of all personal services you performed that year must have been in those same businesses.
The second prong disqualifies most people. Someone working a 2,000-hour job outside real estate cannot clear “more than half” without logging more than 2,000 hours in real estate, a second full-time job. The 750-hour figure gets quoted alone constantly; on its own it is not the test.
Clearing both prongs also does not automatically make your rentals nonpassive. It removes the per-se passive treatment of rental activity, after which you still must materially participate in the rental activity itself, commonly more than 500 hours, or more than 100 hours while participating at least as much as any other individual, including non-owners such as a property manager. Contemporaneous time records are the difference between a defensible position and an expensive one.
Why do short-term rentals get different treatment?
Because of a definition, not a loophole. An activity is not a rental activity for passive-loss purposes if the average period of customer use is seven days or less. Property let by the night or weekend typically falls under that line, so the automatic “rentals are passive” rule does not apply.
The ordinary material participation standard replaces it: the activity is still passive unless you materially participate, which puts you back on the same tests, more than 500 hours, or more than 100 hours and at least as much as anyone else involved. Hire a full-service management company and someone else is almost certainly participating more.
So you do not need real estate professional status to make a short-term rental nonpassive, which is why the strategy draws attention, but you do need records. Average period of customer use and your own hours are factual questions you have to prove.
Which other short stays fall outside the passive rental rules?
Under 26 CFR 1.469-1T(e)(3)(ii), an activity involving the use of tangible property is not a rental activity for the year if:
- The average period of customer use is 30 days or less and significant personal services are provided by or on behalf of the owner in making the property available.
- Extraordinary personal services are provided by or on behalf of the owner, whatever the average stay.
- The property is customarily made available during defined business hours for nonexclusive use by various customers.
For example, a furnished unit with an average stay of 12 nights fails the seven-day average stay test described above, but it can still sit outside the rental definition if the owner provides significant personal services. Outside that definition, material participation decides whether a loss is passive. See investing in short-term rentals and short-term rental regulations.
What does depreciation cost you when you sell?
It comes back, whether or not you claimed it: basis falls by depreciation allowed or allowable, and the gain attributable to it is unrecaptured Section 1250 gain at a maximum 25% rate. Those mechanics, including how straight-line and accelerated deductions are treated differently on exit, are in real estate depreciation.
What matters at this layer is what the accelerated deductions do to that exit. Components a cost segregation study reclassifies as personal property are Section 1245 property, where gain is ordinary income to the extent of depreciation allowed or allowable, so the deduction you pulled forward at your ordinary rate can come back at an ordinary rate too, rather than at the 25% ceiling that applies to the building shell.
Say you bought a duplex for $400,000, allocated $300,000 to the building, and claimed $80,000 of straight-line depreciation.1 Your adjusted basis is $320,000, not $400,000. Sell for $460,000 and the $140,000 gain splits: roughly $80,000 as unrecaptured Section 1250 gain at up to 25%, the rest as long-term capital gain. Bonus depreciation does not remove that bill. It moves the deduction forward and can convert part of the exit into ordinary income.
A Section 1031 like-kind exchange defers the gain rather than erasing it: 45 days from transferring the relinquished property to identify replacement property in writing, and closing by the earlier of 180 days or your return’s due date with extensions. Since the Tax Cuts and Jobs Act, Section 1031 applies to real property only. See 1031 exchanges: rules and benefits, and talk to a CPA before committing to any of this.2
Order of operations beats any single lever. Confirm the property works on its own numbers first, see cash flow in real estate and real estate leverage, then check whether your MAGI and participation let you use a loss, then decide on a study, then plan the exit.
Does the 3.8% net investment income tax apply to rental income?
Often, yes. Per the IRS page on the net investment income tax, individuals owe 3.8% on the lesser of their net investment income or the amount by which modified adjusted gross income exceeds $200,000 (single or head of household), $250,000 (married filing jointly or qualifying widow(er) with a child) or $125,000 (married filing separately), effective January 1, 2013. Rental and royalty income is on that page’s list. The IRS questions and answers add gain from the sale of investment real estate to the examples, and state that these thresholds are not indexed for inflation.
On a sale, the 3.8% can apply on top of the federal rate on the gain. The final regulations, Treasury Decision 9644, published in the Federal Register on December 2, 2013, added a safe harbor in 26 CFR 1.1411-4(g)(7): a real estate professional who participates in a rental real estate activity for more than 500 hours during the year, or for more than 500 hours in any five of the preceding ten years, treats that activity’s rental income, and gain on property used in it, as earned in the ordinary course of a trade or business, which keeps it out of net investment income.
Can you deduct a repair in the year you pay for it?
Often, if it is a repair and not an improvement. The IRS tangible property regulations set the line:
- De minimis safe harbor: Per the IRS tangible property regulations page, without an applicable financial statement, you can deduct items costing up to $2,500 per invoice or item ($5,000 with one). You elect it each year with a statement attached to your timely filed original return, including extensions.
- Safe harbor for small taxpayers: Under 26 CFR 1.263(a)-3(h), with average annual gross receipts of $10 million or less for the three preceding years and a building with an unadjusted basis of $1 million or less, you can elect to deduct the year’s repairs, maintenance and improvements on that building if they total no more than the lesser of 2% of its unadjusted basis or $10,000.
- Improvements: Fixing a defect that existed before you bought the property, or replacing a major component, is an improvement and gets depreciated.
For example, a $1,900 refrigerator bought on its own invoice can fall under the de minimis election instead of being depreciated. Replacing the whole roof counts as replacing a major component. See fixer-uppers, becoming a landlord and rental management.
How is a house flip taxed differently from a rental?
A flip gets none of the rental benefits above. IRS Publication 946 says you cannot depreciate inventory, defined as property you hold primarily for sale to customers in the ordinary course of business, and IRS Publication 544 lists property held mainly for sale to customers among noncapital assets. A house bought to resell is therefore not depreciated, and its profit does not get long-term capital gain rates.
See flipping houses and capital gains tax exemptions.
How much do these tax breaks cost, and how often do landlords get them wrong?
In its Tax Expenditures report for fiscal year 2027, the Treasury Department estimates the revenue each provision costs, in millions of dollars:
| Provision (Treasury’s name) | Fiscal year 2026 | Fiscal years 2026 through 2035 |
|---|---|---|
| Deferral of capital gains from like-kind exchanges | $12,720 million | $106,080 million |
| Exception from passive loss rules for $25,000 of rental loss | $8,610 million | $100,580 million |
| Accelerated depreciation on rental housing (normal tax method) | $4,360 million | $77,490 million |
Source: U.S. Department of the Treasury, Tax Expenditures, Fiscal Year 2027, Table 1, total from corporations and individuals.
Small rentals are mostly owned by individuals: the HUD and Census Bureau release of November 29, 2022 reported that of rental properties with one to four units in the 2021 Rental Housing Finance Survey, 70 percent (15.9 million) were owned by individual investors, and more than one-third (8.1 million) had a mortgage or similar debt.
Mistakes have been common. The Government Accountability Office reported in 2008 (GAO-08-956) that at least 53 percent of individual taxpayers with rental real estate misreported their rental real estate activities for tax year 2001, an estimated $12.4 billion of net misreported income, and said those figures likely understate the problem.
What Michigan investors should know
Michigan’s individual income tax rate is 4.25% for the 2026 tax year, after the state’s annual rate-reduction test was not met. It is flat, so a federal paper loss does not shelter Michigan income at a graduated rate the way it might in a bracketed state.
- Federal depreciation flows through: The Michigan return begins with federal adjusted gross income, then applies Michigan additions and subtractions on Schedule 1, so federal depreciation and passive-loss limits carry into your Michigan starting number.
- The principal residence exemption does not apply to rentals: Michigan’s PRE exempts an owner-occupied principal residence from up to 18 mills of local school operating tax. Vacation homes, seasonal homes and income property are not occupied as a principal residence and may not be claimed, so rentals carry the non-homestead rate, a real operating expense. See the Michigan Treasury guidance on the principal residence exemption.
- Converting a home to a rental has a filing consequence: When a property stops being your principal residence the exemption must be rescinded, a step that catches accidental landlords who move out and rent the old house.
Entity formation, registered-agent requirements and how title is held are legal questions, not tax ones. Take those to a Michigan attorney and the tax treatment to a CPA who works with investors.
What changes on a Michigan rental’s property tax bill after you buy it?
In Michigan, a home’s taxable value is capped while one owner holds it. The year after it sells, that cap comes off and taxable value resets to the state equalized value, which is half of the assessor’s estimate of market value, not automatically half of what you paid. Treasury explains the rule on its transfer of ownership page. Samantha Shelton puts the planning rule this way: “Don’t build your budget around somebody else’s tax bill.” Run the address through the Michigan property tax calculator before you trust a rental’s cash flow.
- The 45-day transfer notice: Under MCL 211.27a(10), the buyer notifies the local assessing office within 45 days of the transfer, on a State Tax Commission form stating the parties, the date, the actual consideration and the parcel number. The same section treats a conveyance of more than 50% of the ownership of an LLC, partnership or corporation as a transfer of ownership, which the entity reports to the assessor on a State Tax Commission form within 45 days, unless the buyer’s notice already covers it; transfers among commonly controlled entities are excluded. The county register of deeds also notifies the assessor of recorded transactions at least once each month, so the assessor learns of a recorded sale even without the buyer’s form.
- A late notice costs more on a rental: Under MCL 211.27b, missing the 45-day notice brings the additional taxes that would have been levied since the transfer, with interest and penalty, plus $5 per day after 45 days, capped at $200 for a principal residence and $4,000 for other property that is not commercial or industrial, such as a rental house.
- Moving out has a 90-day clock: Under MCL 211.7cc, an owner must rescind the principal residence exemption within 90 days after the home stops being used as a principal residence, or face $5 per day up to $200.
- House hacking keeps part of the exemption: Under MCL 211.7dd, a portion of an owner’s dwelling or unit rented to another person still counts as a principal residence if it is less than 50% of the living space; in a multiple-unit dwelling, the exemption covers the unit the owner occupies. See buying a multi-family home and the homestead exemption guide.
How the assessor arrives at the starting value is covered in how property tax assessments work.
Do Michigan cities tax rental income?
Cities that adopt Michigan’s uniform city income tax ordinance tax a nonresident, under MCL 141.613, on net profits from rentals of real and tangible personal property located in the city, and on capital gains from sales of property located in the city. The base rates in MCL 141.611 are 1% for residents and corporations and 1/2% for nonresidents, and a city that picks a lower rate cannot charge nonresidents more than half the resident rate.
According to Treasury’s city income tax page, it has processed City of Detroit individual, business and fiduciary returns since the 2015 tax year, and it will begin processing City of Flint returns on January 1, 2027, starting with the 2026 tax year.
What does Michigan’s transfer tax take when you sell a rental?
Two transfer taxes apply when a deed or land contract is recorded. The county tax under MCL 207.504 is 55 cents for each $500 of value, or fraction of $500, in a county with fewer than 2,000,000 people. The state tax rate is 0.75%, which the Senate Fiscal Agency’s tax rate table lists with net revenue estimated at $455.0 million for fiscal year 2025-26. The seller net sheet calculator lays out what a sale leaves after payoff, commissions and transfer tax.
How Align finances investors
Samantha looks at the property's numbers before the loan's, and she says so plainly: "I don't love a deal that only works when nothing goes wrong."
Align places DSCR loans, which qualify on the rent the property brings in rather than your tax returns, as well as conventional investment loans, through multiple wholesale lenders.
FAQ: Tax benefits of real estate investing
Here are answers to common questions about real estate investing taxes.
What is bonus depreciation in real estate?
Bonus depreciation lets you deduct the full cost of qualifying property immediately instead of over its recovery period, currently at 100% for qualified property acquired after January 19, 2025. It only reaches MACRS property with a recovery period of 20 years or less (appliances, certain flooring, land improvements) usually identified through a cost segregation study. The building itself still depreciates over 27.5 or 39 years. See real estate depreciation.
Can real estate losses offset my W-2 income?
Usually only in limited ways. Rental losses are passive by default and offset passive income first. If you actively participate, up to $25,000 can offset other income, but that allowance shrinks by 50% of modified AGI above $100,000 and is gone at $150,000. Real estate professional status, or material participation in a short-term rental, is what unlocks a fuller offset.
Do I qualify for the QBI deduction as a landlord?
Not automatically. The deduction of up to 20% of qualified business income requires the rental to be a trade or business, and it is subject to taxable-income thresholds and wage or property limits. Revenue Procedure 2019-38 offers a safe harbor. Generally 250 or more hours of rental services a year, separate books and records, and contemporaneous logs, with triple-net-leased property excluded, but it is one route, not the only one, and failing it does not by itself disqualify a rental that is otherwise a trade or business. See the impact of new tax laws on homeownership.
Is real estate more tax-advantaged than stocks?
In several ways, yes. Depreciation, deductible operating expenses, deductible mortgage interest and 1031 deferral have no equivalent for publicly traded stock. Stocks offer simpler capital gains treatment, no management burden and no recapture on exit. The tradeoff is complexity: real estate requires recordkeeping, elections, participation tests and usually a CPA. Start with our Real Estate Investing guide.
Do I have to own a certain share of a rental to actively participate?
Yes. Per IRS Publication 527, you actively participate only if you, together with your spouse, owned at least 10% of the rental property and made management decisions or arranged for others to provide services, such as repairs, in a significant and bona fide sense. An owner below 10% cannot use the $25,000 allowance for that property, no matter how many decisions they make.
Can I deduct a loss on a vacation home I also use?
Usually not against other income. IRS Publication 527 treats a unit as your home if you use it personally more than the greater of 14 days or 10% of the days rented at a fair price. Then excess rental expenses cannot offset other income and carry forward instead. If you rent a home fewer than 15 days in the year, that period is not treated as rental activity at all.
How do I treat all my rentals as one activity for material participation?
You can elect it, if you qualify as a real estate professional, by filing a statement with your original return for a year you qualify, declaring that you qualify and citing section 469(c)(7)(A). Under 26 CFR 1.469-9(g), the election binds that year and every future year you qualify, even after years you do not, and it can be revoked only after a material change in facts and circumstances.
What happens to suspended passive losses if I gift or inherit a rental?
It depends on how the property moves. Per IRS Publication 925, if you give away your interest, the unused passive losses are never deducted; they are added to the basis of the gifted property instead. If the owner dies, the losses are allowed on the final return, but only to the extent they exceed the step-up in basis the heir receives.
The bottom line on the tax benefits of real estate investing
Residential rental property depreciates over 27.5 years and nonresidential over 39, and 100% bonus depreciation on qualifying property acquired after January 19, 2025 pulls years of deductions into year one, but only for components with recovery periods of 20 years or less, never the shell. Whether that deduction does anything this year turns on the passive activity rules: $25,000 of loss with active participation, phasing out between $100,000 and $150,000 of modified AGI. And it is borrowed, not free. Basis falls by depreciation allowed or allowable, and unrecaptured Section 1250 gain is taxed at up to 25% on sale.
If you’re ready to add a rental or refinance one you own, talk to Align Lending. We’ll shop your scenario across our lender network and show you the numbers side by side. Call 248-506-5727 or start online. Take the depreciation, participation and recapture decisions to a qualified tax professional, and entity and title questions to a Michigan attorney.
Footnotes:
1. Example figures are hypothetical and for educational purposes only; they do not constitute an advertisement of credit terms or a rate quote under federal or state lending laws. The $400,000 purchase price, $300,000 building allocation, $80,000 of accumulated depreciation and $460,000 sale price are Align Lending illustrations shown to demonstrate how basis reduction and unrecaptured Section 1250 gain interact. They exclude selling costs, capital improvements, suspended losses, state tax and the net investment income tax. Actual results depend on your basis, holding period, depreciation history and filing situation. Return to text.
2. This is general information, not tax or legal advice. Eligibility for bonus depreciation, cost segregation classifications, the passive activity loss allowance, real estate professional status, the qualified business income deduction, like-kind exchange treatment and depreciation recapture all depend on your individual circumstances, and federal and Michigan tax rules change. Consult a qualified tax professional or CPA about your situation and a Michigan attorney about entity, title and landlord-tenant questions. Align Lending is a mortgage broker; it is not a CPA firm, a law firm, a broker-dealer, or a registered investment adviser, and nothing here is investment advice or a solicitation to buy or sell any security. Return to text.
Sources: permanent 100% additional first year depreciation deduction for qualified property acquired after January 19, 2025, replacing the prior annual phase-down, and the election to deduct 40% instead, Internal Revenue Service, “Treasury, IRS issue guidance on the additional first year depreciation deduction amended as part of the One, Big, Beautiful Bill,” and 2025 Instructions for Form 4562. Qualified property limited to tangible property depreciated under MACRS with a recovery period of 20 years or less, and used property eligible where not acquired from a related party, IRS Instructions for Form 4562 and Additional First Year Depreciation Deduction (Bonus) FAQ. Residential rental property recovery period of 27.5 years, nonresidential real property recovery period of 39 years, straight line method and mid-month convention on real property, land not depreciable, requirement to divide cost between land and buildings, the 80%-of-gross-rental-income definition of residential rental property, and reduction of basis by depreciation deducted or that could have been deducted, IRS Publication 527, Residential Rental Property, and IRS Publication 946, How To Depreciate Property. Reclassification of building components to correct shorter recovery periods and classification based on manner of attachment and permanence, IRS Cost Segregation Audit Techniques Guide, Publication 5653. Up to $25,000 special allowance for active participation in rental real estate, reduction by 50% of modified adjusted gross income above $100,000, complete phase-out at $150,000, the $12,500 limit for married taxpayers filing separately who lived apart all year and the bar on the allowance where spouses lived together, active participation as a less stringent standard than material participation, the real estate professional test requiring more than 750 hours of services in real property trades or businesses in which the taxpayer materially participated and more than half of all personal services performed in such businesses, the material participation tests including more than 500 hours and more than 100 hours with participation at least as great as any other individual, and the rule that an activity is not a rental activity where the average period of customer use is 7 days or less, IRS Publication 925, Passive Activity and At-Risk Rules. Maximum 25% rate on unrecaptured Section 1250 gain, Section 1250 recapture as ordinary income to the extent of additional depreciation where an accelerated method or a special depreciation allowance was used, Section 1245 gain treated as ordinary income to the extent of depreciation allowed or allowable, and exclusion of buildings and structural components from Section 1245 property, IRS Publication 544, Sales and Other Dispositions of Assets, and Instructions for Form 4797. Deduction of up to 20% of qualified business income plus 20% of qualified REIT dividends and publicly traded partnership income, subject to thresholds, and the requirement that rental real estate be a section 162 trade or business, IRS, “Qualified business income deduction.” Safe harbor treating a rental real estate enterprise as a trade or business for section 199A purposes, requiring 250 or more hours of rental services, separate books and records, contemporaneous records, and excluding triple net leased property, Revenue Procedure 2019-38. Identification of replacement property within 45 days, completion of the exchange by the earlier of 180 days or the due date of the return with extensions, and the limitation of section 1031 to real property under the Tax Cuts and Jobs Act, IRS Instructions for Form 8824 and IRS Like-Kind Exchanges, Real Estate Tax Tips. Michigan individual income tax rate of 4.25% for the 2026 tax year, Michigan Department of Treasury taxpayer notice, April 15, 2026. Michigan return beginning with federal adjusted gross income with additions and subtractions on Schedule 1, Michigan Department of Treasury, 2025 MI-1040 Instructions. Principal residence exemption from up to 18 mills of local school operating tax and ineligibility of vacation homes, seasonal homes and income property, Michigan Department of Treasury Principal Residence Exemption Guidelines.
This article is for informational purposes only and is not intended to provide legal, financial, tax or investment advice. Federal and Michigan tax rules, recovery periods, dollar thresholds and participation tests change and depend on your individual facts; confirm current treatment with a qualified tax professional before acting. Figures shown are illustrative, are not a rate quote or an offer of credit, and do not constitute an advertisement of credit terms. Align Lending is an independent Michigan mortgage broker, NMLS #2041154, and is not a CPA firm, law firm, broker-dealer, investment adviser or securities issuer.
Sources
Every outside source this guide links to, in the order it appears. How we choose and check sources
- IRS rules for residential rental property income and expensesInternal Revenue Service
- The 2025 legislationgovinfo.gov
- Treasury and IRS guidance on the additional first year depreciation deductionInternal Revenue Service
- IRS publishes a Cost Segregation Audit Techniques GuideInternal Revenue Service
- IRS passive activity and at-risk rulesInternal Revenue Service
- 26 CFR 1.469-1T(e)(3)(ii)Electronic Code of Federal Regulations
- Since the Tax Cuts and Jobs Actcongress.gov
- IRS page on the net investment income taxInternal Revenue Service
- IRS questions and answersInternal Revenue Service
- Treasury Decision 9644, published in the Federal Register on December 2, 2013federalregister.gov
- 26 CFR 1.1411-4(g)(7)law.cornell.edu
- Tangible property regulationsInternal Revenue Service
- 26 CFR 1.263(a)-3(h)law.cornell.edu
- IRS Publication 946Internal Revenue Service
- IRS Publication 544Internal Revenue Service
- Tax Expenditures report for fiscal year 2027home.treasury.gov
- HUD and Census Bureau release of November 29, 2022U.S. Department of Housing and Urban Development
- Government Accountability Office reported in 2008 (GAO-08-956)gao.gov
- Michigan Treasury guidance on the principal residence exemptionState of Michigan
- Transfer of ownership pageState of Michigan
- MCL 211.27a(10)Michigan Legislature
- MCL 211.27bMichigan Legislature
- MCL 211.7ccMichigan Legislature
- MCL 211.7ddMichigan Legislature
- MCL 141.613Michigan Legislature
- MCL 141.611Michigan Legislature
- City income tax pageState of Michigan
- MCL 207.504Michigan Legislature
- Senate Fiscal Agency’s tax rate tableState of Michigan
- Revenue Procedure 2019-38 offers a safe harborInternal Revenue Service
- 26 CFR 1.469-9(g)law.cornell.edu


