The special passive loss rules available to real estate activities allow the deduction of all or part of real estate rental losses against active or portfolio income, even though the activity otherwise is defined as a passive activity. The special rules are available in two situations:

Which option below best describes the special passive loss treatment is available to real estate activities?

1. Losses from real estate rental activities are NOT treated as passive losses for certain qualifying real estate professionals. Qualifying individuals may deduct up to $25,000 of losses from real estate rental activities against active and portfolio income. The potential annual $25,000 deduction is reduced by 50 percent of the taxpayers AGI in excess of $100,000.
2. Losses from real estate rental activities are treated as passive losses for certain qualifying real estate professionals. Qualifying individuals may deduct up to $25,000 of losses from real estate rental activities against active and portfolio income. The potential annual $25,000 deduction is reduced by 50 percent of the taxpayers AGI in excess of $100,000.
3. Losses from real estate rental activities are treated as passive losses for certain qualifying real estate professionals. Qualifying individuals may deduct up to $50,000 of losses from real estate rental activities against active and portfolio income. The potential annual $50,000 deduction is reduced by 50 percent of the taxpayers AGI in excess of $150,000.