
Form 8959: Who Pays the 0.9% Additional Medicare Tax (2026) + AI Agent Skill
Form 8959 figures the 0.9% Additional Medicare Tax on income over $200,000 ($250,000 joint) in 2026. Who owes it, the withholding trap, worked example.
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Last reviewed: August 9, 2026

Schedule E (Form 1040), Supplemental Income and Loss, is the IRS form for reporting rental real estate income, royalties, and pass-through income from partnerships, S corporations, estates, and trusts, and its total flows to Schedule 1, Line 5 of your tax return. Rental losses on Schedule E are limited by the passive activity rules: if you actively participate, you can deduct up to $25,000 of losses against your other income, and that allowance shrinks by 50 cents for every dollar of modified adjusted gross income above $100,000, reaching zero at $150,000. Below is every line of the form for tax year 2026, with two fully worked examples.
Key takeaways:

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Schedule E is the two-page attachment to Form 1040 that collects "supplemental" income: money you receive from property or from entities you own, rather than from work. Income reported on Schedule E is not earned income, so it never triggers self-employment tax; IRC §1402(a)(1) specifically excludes rents from real estate held by non-dealers. That single distinction is why the Schedule E vs Schedule C question later in this guide is worth real money.
| Part | Lines | What it reports |
|---|---|---|
| Part I | 1–26 | Rental real estate income and expenses; royalties from oil, gas, minerals, copyrights, patents, and name-image-likeness (NIL) rights |
| Part II | 27–32 | Your share of partnership and S corporation income or loss from Schedule K-1 |
| Part III | 33–37 | Income or loss from estates and trusts (K-1 from Form 1041) |
| Part IV | 38–39 | Residual interests in real estate mortgage investment conduits (REMICs), rare |
| Part V | 40–43 | The summary: everything combines on line 41 and moves to Schedule 1, Line 5 |
Owning the rental through a single-member LLC changes nothing here: the LLC is disregarded for federal tax, and the property still goes on your personal Schedule E, as our single-member LLC tax guide explains.
With active participation, you can deduct up to $25,000 of rental real estate losses against wages and other income, and the allowance phases out between $100,000 and $150,000 of MAGI. This is the most consequential rule on the form, so it comes before the expense lines.
Under IRC §469, every rental activity is passive by default, no matter how many weekends you spend fixing faucets. Passive losses normally offset only passive income. The exception, the "special allowance" in §469(i), rewards active participation: making bona fide management decisions such as approving tenants, setting rents, and authorizing repairs, while owning at least 10% of the property. Active participation is a far lower bar than material participation (the 500-hour standard), and most self-managing landlords meet it even with a property manager handling the daily work.
| Filing status | Maximum allowance | MAGI phaseout range |
|---|---|---|
| Single, head of household, or married filing jointly | $25,000 | $100,000 – $150,000 |
| Married filing separately, lived apart all year | $12,500 | $50,000 – $75,000 |
| Married filing separately, lived together at any time | $0 | No allowance at all |
The phaseout works in one direction: the allowance drops by 50% of every dollar of MAGI above the threshold. At $120,000 MAGI you have $15,000 of allowance left; at $150,000 you have none. Congress set these numbers in 1986 and has never indexed them for inflation, so a phaseout that once touched only high earners now catches ordinary two-income households.
Losses the allowance cannot absorb are not lost. Form 8582 suspends them, carries them forward indefinitely, and releases them when you have passive income or when you sell the property in a fully taxable sale. And one group skips the limit entirely: a real estate professional who spends more than 750 hours and more than half of all working time in real property trades or businesses, and materially participates in the rental, treats the loss as nonpassive with no dollar cap.
Interactive
How much of your rental loss counts this year?
Enter your combined rental income, expenses, and MAGI to see what the $25,000 special allowance leaves you after the phaseout.
Schedule E line 3, all properties combined.
Lines 5–19 combined, including depreciation.
Roughly your AGI without the rental loss itself.
Deductible rental loss this year
$10,000
Lowers your AGI by $10,000 through Schedule 1, Line 5.
Assumes you actively participate in a long-term rental (average stay over 7 days) and are not a real estate professional. IRC §469(i): the allowance falls 50 cents per $1 of MAGI over $100,000 ($50,000 if MFS living apart). Suspended losses carry forward on Form 8582.
Part I is where most filers live. Each property gets its own column (A, B, or C; attach extra Schedules E beyond three properties, but fill lines 23a–26 on only one). The line references below follow the current revision of Schedule E.
Line A asks whether you made payments requiring Forms 1099 ($2,000 or more to an unincorporated contractor in 2026, under the new OBBBA threshold), and line B asks whether you filed them. Line 1a is each property's street address. Line 1b is a type code: 1 single-family residence, 2 multi-family, 3 vacation/short-term rental, 4 commercial, 5 land, 6 royalties, 7 self-rental, 8 other.
Line 2 asks for fair rental days and personal use days per property. Fair rental days are days actually rented at market rate. A personal use day is any day the unit was used by you, your family, anyone paying below-market rent, or a co-owner, with one carve-out: days spent substantially full-time on repairs and maintenance do not count as personal use.
The day counts matter because of two IRC §280A rules:
The QJV checkbox lets spouses who jointly own and materially participate in a rental business elect qualified joint venture status on a joint return instead of filing a partnership return.
Line 3 is every dollar of rent received during the year, including advance rent (taxable when received, even for future years), the fair market value of services or property received instead of cash, and tenant-paid expenses that were your obligation. Security deposits are not income as long as you intend to return them; the moment you keep part of a deposit for damages or a broken lease, that part becomes income in that year. A deposit that is really the last month's rent is advance rent, taxable up front.
Line 4 is royalty income: oil, gas, and mineral properties, copyrights, patents, and NIL licensing. Payers send a 1099-MISC once royalties reach $10. One trap: a self-employed writer, inventor, or artist reports royalties from their own work on Schedule C, not here. Schedule E royalties are investment-type royalties.
Lines 5 through 19 are the fifteen expense categories. Enter each expense in the column of the property it belongs to:
| Line | Category | What goes here |
|---|---|---|
| 5 | Advertising | Listing fees, signs, photography for the listing |
| 6 | Auto and travel | Standard mileage at 72.5 cents/mile for 2026, or actual costs, plus 50% of travel meals |
| 7 | Cleaning and maintenance | Turnover cleans, lawn care, gutter cleaning, small upkeep |
| 8 | Commissions | Leasing commissions paid to find a tenant |
| 9 | Insurance | Landlord, hazard, and flood premiums actually paid (not escrow deposits) |
| 10 | Legal and other professional fees | Attorney fees, tax prep for rental schedules, eviction costs |
| 11 | Management fees | Property manager's percentage and service-call fees |
| 12 | Mortgage interest paid to banks | The Form 1098 amount for that property |
| 13 | Other interest | Interest paid to private lenders or sellers (issue them a 1099-INT when required) |
| 14 | Repairs | Fixes that keep the property in operating condition |
| 15 | Supplies | Filters, hardware, paint supplies, small tools |
| 16 | Taxes | Property taxes and other real estate taxes (never income taxes) |
| 17 | Utilities | Utilities you paid, even if the tenant reimbursed you (the reimbursement went in line 3) |
| 18 | Depreciation expense or depletion | From Form 4562 (details below) |
| 19 | Other | HOA dues, bank fees, software, safe harbor items (attach a list) |
The line 14 boundary is the one the IRS actually checks. A repair keeps the property in ordinary operating condition: patching a roof leak, fixing a water heater, repainting a room. An improvement betters the property, restores a major component, or adapts it to a new use: a full roof replacement, a kitchen remodel, converting a garage to a bedroom. Improvements are not deducted on line 14; they are capitalized and depreciated on line 18. The practical escape hatch is the de minimis safe harbor: with the annual election attached to your return, items costing $2,500 or less per invoice can be expensed immediately regardless of the repair-vs-improvement analysis. Our rental property deductions guide covers every category in more depth.
Depreciation is the deduction most new landlords underclaim, and line 18 is where it lives. Residential rental buildings depreciate over 27.5 years, straight line, under the Modified Accelerated Cost Recovery System (MACRS) with a mid-month convention starting the month the property is ready and available to rent. Land is never depreciable, so first split your cost basis between building and land, typically using the county assessor's ratio.
The arithmetic is short: a $220,000 building basis produces $8,000 of depreciation per year ($220,000 ÷ 27.5), prorated in year one by the placed-in-service month. Attach Form 4562 for any property placed in service in 2026; in later years the recurring amount goes straight on line 18. Run your own numbers in our depreciation calculator.
Skipping depreciation does not save you later pain. When you sell, the IRS taxes depreciation recapture on the amount "allowed or allowable," meaning you pay recapture even on deductions you never claimed, as our depreciation recapture guide shows. Claim it every year.
Line 20 adds lines 5 through 19. Line 21 subtracts line 20 from the property's income (line 3 or 4); if it is a loss and some of your investment is not at risk (rare for conventionally financed rentals), Form 6198 limits the loss first. Line 22 is the deductible rental real estate loss after the passive activity limits, the place where Form 8582 and the $25,000 allowance from earlier do their work. Royalty losses never go on line 22.
Lines 23a–23e are cross-property totals of lines 3, 4, 12, 18, and 20. Line 24 adds only the positive line 21 amounts. Line 25 adds royalty losses from line 21 and rental losses from line 22. Line 26 combines them: your total rental and royalty income or loss. If page 2 does not apply to you, line 26 goes directly to Schedule 1, Line 5; otherwise it joins the line 41 total.
Marcus is single with $130,000 of MAGI before rental results and actively participates in two long-term rentals. Unit A, a condo, rented all year. Unit B, a single-family house, sat vacant for two months and needed water-damage repairs. His Part I:
| Line | Unit A (condo) | Unit B (house) |
|---|---|---|
| 3 Rents received | $28,800 | $18,000 |
| 5 Advertising | $200 | $350 |
| 7 Cleaning and maintenance | $900 | $1,200 |
| 9 Insurance | $1,500 | $1,800 |
| 10 Legal and professional fees | $0 | $650 |
| 11 Management fees | $2,304 | $0 |
| 12 Mortgage interest | $8,200 | $13,900 |
| 14 Repairs | $1,014 | $3,900 |
| 15 Supplies | $0 | $400 |
| 16 Taxes | $3,500 | $4,100 |
| 17 Utilities | $0 | $700 |
| 18 Depreciation (basis ÷ 27.5) | $6,182 | $8,000 |
| 20 Total expenses | $23,800 | $35,000 |
| 21 Income or (loss) | +$5,000 | ($17,000) |
Now the passive loss machinery. Unit A's $5,000 profit absorbs $5,000 of Unit B's loss with no limit, because passive losses always offset passive income. That leaves $12,000 of net loss to test against the special allowance. Marcus's allowance is $25,000 minus 50% of ($130,000 − $100,000), which is $10,000. So Form 8582 allows $15,000 of Unit B's loss ($5,000 offset plus $10,000 allowance) on line 22, and suspends $2,000 for future years.
| Line | Amount |
|---|---|
| 22 Deductible rental loss, Unit B | ($15,000) |
| 24 Income (positive line 21 amounts) | $5,000 |
| 25 Losses (line 22 total) | ($15,000) |
| 26 Total rental income or (loss) | ($10,000) |
Line 26 lands on Schedule 1, Line 5 and cuts Marcus's AGI by $10,000. The $2,000 suspended loss waits on Form 8582, ready for a profitable year or the eventual sale.
A short-term rental belongs on Schedule E unless you provide significant services to guests. The Schedule E instructions draw the line at hotel-like service: maid service during a stay, meals, concierge help. Furnishing heat and light, collecting trash, and cleaning between guests are specifically not significant services.
Elena rents her former condo full-time on Airbnb, with an average stay of four nights. She provides self check-in, fresh linens at arrival, and a professional clean between guests, and nothing during a stay. That is Schedule E. Her $38,000 of bookings minus $28,500 of expenses leaves a $9,500 profit with no self-employment tax. If she added daily housekeeping and breakfast, the activity would move to Schedule C, and the same $9,500 profit would owe about $1,342 of SE tax ($9,500 × 92.35% × 15.3%). The classification turns on services, not on how short the stays are.
One nuance short-term hosts with losses should know: when the average stay is 7 days or less, the activity is not a "rental activity" under the §469 regulations at all. That means the $25,000 special allowance never applies to it; a loss is deductible only if Elena materially participates (the short-term-rental exception many hosts rely on), and otherwise it is suspended like any passive loss. Profitable hosts like Elena are unaffected. The full decision tree, including the 14-day rule and 1099-K reporting, is in our Airbnb host tax guide.
Part II consolidates the numbers from every Schedule K-1 you receive. Line 27 asks whether you are reporting prior-year unallowed losses from at-risk, basis, or passive limits, or unreimbursed partnership expenses.
Line 28 lists each entity: name in column (a), "P" for partnership or "S" for S corporation in (b), the foreign-partnership check in (c), the EIN in (d). Column (e) matters more than it looks: if you report an S corporation loss, receive a distribution, dispose of stock, or get a loan repayment, you must check it and attach the basis computation (Form 7203). Column (f) flags amounts not at risk, which pull in Form 6198.
The money columns split by character. Passive results go in columns (g) (losses allowed, with Form 8582 when required) and (h) (income). Nonpassive results go in (i) (losses), (j) (the Section 179 deduction passed through on the K-1), and (k) (income). Whether a K-1 is passive or nonpassive depends on your material participation in that entity, not on the entity type. Lines 29a–31 total the columns, and line 32 is your combined result.
Losses here clear three gates in strict order: basis first, then at-risk, then the passive rules. A K-1 box 1 loss you have no basis for never even reaches Form 8582.
Part III (lines 33–37) mirrors Part II for K-1s from estates and trusts (Form 1041), with passive and nonpassive columns and a line 37 total. Part IV (lines 38–39) covers residual interests in REMICs, which almost no individual filer has. Part V wraps up: line 40 pulls in net farm rental income from Form 4835, and line 41 combines lines 26, 32, 37, 39, and 40 into your total supplemental income or loss, entered on Schedule 1, Line 5. Line 42 reconciles gross farming and fishing income, and line 43 is an informational line where real estate professionals report net rental results from activities with material participation.
Schedule E is not the home for every dollar connected to property or entities:
The mirror-image caution: because Schedule E income is not earned income, it does not count as compensation for IRA contributions and never generates Social Security credits.
Rental profit can qualify for the 20% qualified business income deduction if the activity rises to a trade or business. Rev. Proc. 2019-38 gives landlords a safe harbor: 250 or more hours of rental services per year (in 3 of the last 5 years for enterprises older than four years), separate books per enterprise, and contemporaneous time logs. Meeting it lets Schedule E profit flow into Form 8995 and lop 20% off the taxable amount.
Cutting the other way: rental income is generally net investment income. If your MAGI exceeds $200,000 single or $250,000 married filing jointly, the 3.8% NIIT applies to rental profit through Form 8960. Real estate professionals whose rentals are nonpassive escape it; ordinary landlords do not.
Depreciating the land. Only the building's share of basis divides by 27.5. Marcus's $220,000 building basis came after removing the land value; running the full purchase price through line 18 overstates the deduction and inflates recapture later.
Skipping depreciation entirely. Recapture applies to depreciation "allowed or allowable," so an owner who never claimed line 18 still pays recapture at sale. There is no upside to skipping it.
Expensing an improvement on line 14. A $12,000 roof replacement is not a repair; it belongs on Form 4562 and line 18 over 27.5 years, unless a safe harbor applies. The de minimis election covers items up to $2,500 per invoice, not five-figure projects.
Counting a security deposit as income on receipt. It becomes income only when kept. Reporting it early overstates line 3; forgetting the kept portion after a broken lease understates it.
Assuming MFS gets half the allowance. Married filing separately while living together at any point in the year means a $0 special allowance, not $12,500. The $12,500 amount requires living apart the entire year.
Renting to family below market. Every below-market day is a personal use day on line 2. Enough of them trip the 14-day/10% home test, capping deductions at rental income and killing the loss.
Having watched tens of thousands of small business owners at Anna Money, the pattern I saw most was not aggressive deductions but timid ones: clean expense records, yet no depreciation schedule and no Form 8582 carryforward tracking, which quietly costs money at sale time.
Schedule E rewards clean, category-level records: line 20 is only as good as the year of expenses behind it. Jupid is an AI accountant that lives in WhatsApp and iMessage, connects to your bank accounts, and categorizes transactions with 95.9% accuracy, so repairs, insurance, and management fees land in the right buckets as they happen instead of in a March shoebox sort. Ask "what did I spend on the Maple Street unit this year?" and the answer is ready for the line map above, with automatic tax filing when the numbers are final. Try Jupid.
This guide is for general educational purposes and does not constitute tax, legal, or accounting advice. Passive activity limits, basis rules, and the Schedule C vs Schedule E classification depend on facts specific to each property and owner. For advice specific to your situation, consult a qualified tax professional.

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Fintech CEO with 10+ years building accounting and financial technology products. Previously co-founded and scaled an AI-powered accounting platform to $30M revenue and 100K+ business users, achieving 30,000 customers per accountant through automation — recognized by CNBC as a top fintech company. Holds a Master's in Management Information Systems. At Jupid, he leads the development of AI-native bookkeeping, tax, and compliance tools designed for freelancers and small business owners.

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