A ground lease is a long-term lease (typically 50–100 years) of land, where the tenant constructs and owns the improvements. For the landowner, ground lease income is taxed as ordinary rental income. The landowner does not depreciate the land (land is never depreciable) but can deduct expenses related to the lease. For the tenant (the developer), the improvements are depreciated over their useful life, and ground lease payments are deductible as rent. Ground leases are common in Newport Beach commercial real estate markets and can be an excellent passive income strategy for landowners. KDA’s team advises both ground lessors and lessees on tax optimization.

Foreign investors in Newport Beach real estate face a distinct set of tax rules. Key issues: (1) FIRPTA withholding — when a foreign person sells U.S. real estate, the buyer must withhold 15% of the gross sale price (not just the gain) and remit it to the IRS; (2) rental income is subject to 30% withholding tax on gross income (unless reduced by treaty or an election to treat rental income as effectively connected income, allowing deductions); (3) estate tax — foreign persons are subject to U.S. estate tax on U.S. real estate with only a $60,000 exemption (vs. $13.6M+ for U.S. citizens). KDA’s Newport Beach team advises foreign investors on structuring U.S. real estate investments to minimize these burdens.

Installment sales make the most sense when: (1) you can’t find a suitable 1031 replacement property; (2) you want to generate passive income from the sale proceeds; (3) spreading the gain over multiple years keeps you in lower tax brackets; or (4) you’re approaching retirement and want to match income recognition with your lower-income years. KDA’s Newport Beach real estate CPA team has structured installment sales for dozens of investors and will show you exactly how the tax math works for your specific property.

For Newport Beach real estate investors facing a short sale or foreclosure, the tax consequences can be significant and counterintuitive. You may owe taxes even though you received no cash — because the debt discharged is treated as proceeds. The good news: multiple exclusions may apply (insolvency, bankruptcy, qualified real property business indebtedness). KDA’s Newport Beach real estate CPA team will analyze your specific situation, determine which exclusions apply, and prepare the required IRS forms to minimize your tax liability from the distressed disposition.

Passive activity loss (PAL) rules under IRC Section 469 prevent rental losses from offsetting active income (W-2 wages, business income) for most investors. Rental activities are presumed passive unless you qualify for REPS or the STR loophole. Passive losses can only offset passive income — they are ‘suspended’ and carried forward until you have passive income to offset or you sell the property. The $25,000 passive loss allowance provides limited relief for investors with AGI under $100,000. KDA’s Newport Beach team will map your passive loss position and identify strategies to unlock suspended losses.

Prop 13’s 2% annual cap on property tax increases is one of the most valuable features of California real estate ownership. A Newport Beach property purchased in 2000 for $300,000 has a current assessed value of approximately $440,000 — while the market value might be $1.5M+. This $1M+ gap in assessed vs. market value represents a permanent tax advantage for the long-term owner. KDA’s Newport Beach team incorporates Prop 13 analysis into portfolio planning — identifying which properties to hold long-term for maximum Prop 13 benefit and which to exchange.

The STR loophole is the most popular tax strategy among high-income W-2 earners in 2026 for good reason. By purchasing a qualifying STR in Newport Beach, materially participating in its management, and running a cost segregation study, you can generate large paper losses that offset your salary dollar-for-dollar. A physician earning $500,000 who generates $200,000 in STR losses saves $74,000+ in federal taxes alone. KDA’s team will model your specific income profile and show you exactly how much you can save.

Divorce involving real estate creates complex tax issues for Newport Beach property owners. Key points: (1) transfers of property between spouses incident to divorce are generally tax-free under IRC Section 1041 — no gain or loss is recognized; (2) the receiving spouse takes the transferring spouse’s adjusted basis (including accumulated depreciation); (3) if the marital home is sold, the Section 121 exclusion may apply if both spouses meet the ownership and use tests; (4) rental property transferred in divorce retains its depreciation schedule and passive loss history. KDA’s Newport Beach team will advise on the tax implications of real estate division in divorce and help you negotiate the most tax-efficient settlement.

Co-owned rental properties require careful tax reporting. If you and a partner own property directly (tenants in common), each owner reports their proportionate share of income and expenses on their individual Schedule E. If the property is held in an LLC or partnership, the entity files a partnership return (Form 1065) and issues K-1s to each partner. The K-1 shows each partner’s share of income, losses, depreciation, and other items. For Newport Beach co-owned properties, KDA’s team will ensure the partnership agreement reflects the intended economic arrangement and that K-1s are issued correctly.

The 45-day identification deadline is the most commonly missed in a 1031 exchange. You have exactly 45 calendar days from the sale of your relinquished property to identify up to three replacement properties (or more under the 200% rule or 95% rule). The 180-day closing deadline runs concurrently from the same sale date. KDA’s Newport Beach real estate CPA team begins exchange planning months before your sale to ensure you have replacement properties identified and under contract before the clock starts.