Apartment Syndication Taxes for Beginners: K-1s, Depreciation and Passive Losses

Apartment syndication investors receive a Schedule K-1 each year that reports their share of the partnership's income, deductions and losses. Depreciation can make taxable income lower than the cash you received, sometimes showing a paper loss. Passive loss rules limit how you can use losses, and some of the benefit is repaid when the property is sold. Your CPA should read the K-1, not you alone.

New to this? Start with our guide to how to invest in apartment buildings as a beginner.

What a K-1 is

A partnership doesn't pay income tax itself. It passes income and deductions through to its owners. The K-1 tells you your share. You don't have to receive cash to owe tax on income. Distributions generally reduce your basis, and a distribution beyond your basis can be taxable. See the IRS instructions for Form 1065.

Why taxable income can be lower than your distributions

Depreciation is a tax deduction for the wear on a building over time, even if the building's value rises. A residential rental building depreciates over 27.5 years, and a cost segregation study can move parts of the cost into shorter lives. See cost segregation for apartment syndications.

Passive losses

Rental real estate is generally a passive activity. Losses from passive activities usually offset passive income, not wages or other income, and losses you can't use carry forward. Some taxpayers have exceptions, so ask your CPA.

What happens at sale

At sale, depreciation is recaptured, the remaining gain is taxed as capital gain and carried-forward passive losses may be released.

Piece General treatment
Gain from depreciation taken Recaptured. Straight-line building depreciation can be taxed at up to 25%; depreciation on shorter-life parts can be taxed as ordinary income
Remaining gain Capital gain
Carried-forward passive losses Generally released when you sell your entire interest in a fully taxable sale to an unrelated party

Taxes depend on your situation. Don't assume this table describes your return.

Practical steps

Five habits keep tax time from being a surprise.

  1. Ask the sponsor when K-1s usually go out.
  2. Tell your CPA before you invest, not after.
  3. Plan for extensions.
  4. Keep your documents.
  5. Don't invest for the tax benefit alone. Tax rules change, and losses are not the same as profits.

Who this isn't for

This isn't tax advice, and it won't tell you what you'll owe. Your CPA needs your full situation, and tax rules change.

How DoorRaise helps

DoorRaise handles K-1 delivery and your investor documents through the portal. We don't give tax advice, so talk to a CPA.

DoorRaise is for apartment buildings with 5 or more units. See how investing works or see pricing.

These guides cover the next questions most readers have.

FAQ

Do I pay tax on distributions?

Not directly. You're taxed on your share of the partnership's income as shown on the K-1, which can differ from the cash you received.

Why is my K-1 late?

A calendar-year partnership's return is due March 15, but many syndications extend it, so K-1s often arrive after April 15. Ask your CPA about extensions.

Can I use losses against my salary?

Generally not, because the losses are passive. Exceptions exist, so ask a CPA.

Does a syndication in a retirement account change this?

It can. Talk to a tax professional before investing with IRA money.

Sources

This post is general information, not legal, tax or investment advice. Talk to a CPA about your own situation. DoorRaise is not a broker-dealer, investment adviser or funding portal.

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