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March 21, 2022
Question

Depreciation of new rental property

  • March 21, 2022
  • 3 replies
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Must I depreciate a home that just turned from a primary residence into rental property?  Can I just not take that deduction?  I don't think it would be much.

    3 replies

    Critter-3
    March 22, 2022

    Depreciation is not an option it is required. 

    Carl11_2
    Employee
    March 22, 2022

    Unfortunately, depreciation is not an option. You are required by law to depreciate rental property.  Since this appears to be your first time as a landlord and dealing with rental property, be aware the program is rather vague on some things. The below is provided to give you the clarity needed, which the program may not. If you have questions, please ask. Absolute perfection on this in the first year is not an option. It's a must. Even the tiniest of mistakes will grow exponentially over time. Then when you catch it years down the road, the cost of fixing it can be expensive. So again, if you have questions as you're working this through the Rental & Royalty Income (SCH E) section of the program, by all means, ask.

    Rental Property Dates & Numbers That Matter.

    Date of Conversion - If this was your primary residence or 2nd home before, then this date is the day AFTER you moved out, or the date you decided to lease the property – whichever is later.
    In Service Date - This is the date a renter "could" have moved in. Usually, this date is the day you put the FOR RENT sign in the front yard.
    Number of days Rented - the day count for this starts from the first day a renter was contracted to move in, and/or "could" have moved in. That would be your "in service" date or after if you were asked for that. Vacant periods between renters do not count for actual days rented. Please see IRS Publication927 page 17 at https://www.irs.gov/pub/irs-pdf/p527.pdf#en_US_2020_publink1000219175 Read the “Example” in the third column.
    Days of Personal Use - This number will be a big fat ZERO. Read the screen. It's asking for the number of days you lived in the property AFTER you converted it to a rental. I seriously doubt (though it is possible) that you lived in the house (or space, if renting a part of your home) as your primary residence, 2nd home, or any other personal use reasons after you converted it to a rental.
    Business Use Percentage. 100%. I'll put that in words so there's no doubt I didn't make a typo here. One Hundred Percent. After you converted this property or space to rental use, it was one hundred percent business use. What you used it for prior to the date of conversion doesn't count.

    RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

    Property Improvement.

    Property improvements are expenses you incur that Improve, restore, or otherwise “better” the property. Basically, they retain or add value to the property.

    Betterments:
    Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. An example of a pre-existing condition or defect in this context would be something such as foundation repair (slab jacking) or some other, hidden and costly, anomaly.
    Restoration:
    Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.
    Adaptation:
    Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property. Adding a wheelchair ramp would be an example.

     

    Expenses for these types of costs are entered in the Assets/Depreciation section and depreciated over time. Property improvements can be done at any time after your initial purchase of the property. It does not matter if it was your residence or a rental at the time of the improvement. It still adds value to the property.

    To be classified as a property improvement, two criteria need to be met:

    1) The improvement must become "a material part of" the property. For example, remodeling the bathroom, new cabinets or appliances in the kitchen. New carpet. Replacing that old Central Air unit.

    2) The improvement must retain or add "real" value to the property. In other words, when the property is appraised by a qualified, certified, licensed property appraiser, he will appraise it at a higher value, than he would have without the improvements.

    There are rules that allow you to just flat-out expense and deduct some property improvements instead of capitalizing and depreciating them, if the total cost of the improvement was less than $2,500. It’s referred to as “safe harbor di-minimis” But depending on the specific situation, this may or may not be beneficial. Just be aware that not every property improvement that cost less than $2,500 qualifies for this. If this interest you, the rules can get complex. So a good place to start reading is on the IRS website at https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations. The stuff on di-minimis starts about one page down.

    Cleaning & Maintenance

    Those expenses incurred to maintain the rental property and its assets in the usable condition the property and/or asset was designed and intended for. Routine cleaning and maintenance expenses are only deductible if they are incurred while the property is classified as a rental. Cleaning and maintenance expenses incurred in the process of preparing the property for rent for the very first time are not deductible.

    Repair

    Those expenses incurred to return the property or its assets to the same usable condition they were in, prior to the event that caused the property or asset to be unusable. Repair expenses incurred are only deductible if incurred while the property is classified as a rental. Repair costs incurred in the process of preparing the property for rent for the very first time are not deductible.

    Additional clarifications: Painting a room does not qualify as a property improvement. While the paint does become “a material part of” the property, from the perspective of a property appraiser, it doesn’t add “real value” to the property.

    However, when you do something like convert the garage into a 3rd bedroom for example, making a 2-bedroom house into a 3-bedroom house adds “real value”. Of course, when you convert the garage to a bedroom, you’re going to paint it. But you will include the cost of painting as a part of the property improvement – not an expense separate from it.

    March 23, 2022

    Again, thank you so much for your detailed answer.  I do appreciate that!  

     

    I have found the purchase date and price of the house but records going back to 1978 have not been digitized.  So I don't know the value of the land versus the house.  But on the 2021 tax assessment the land value is 1/3 of the  total assessed value of the property.   So would you think that I could then take 1/3 of the purchase price and say that was the value of the land?? Or should the value of the land be less back in 1978.

     

    Thank you also for the information about the stepped up basis for Daddy's half of the house.  I will use that and add it to Mama's 1/2 of the purchase price.  I do know of some improvements they made in the last decade but I don't have receipts, records, etc. going back to 1978.  What should I do?  

     

    Thanks again for your help.  I'm going to try and tackle it again tomorrow.

    March 23, 2022

    The 1/3 allocation of the land value seems reasonable. It is advisable to assemble some documentation, maybe in the form of pictures or a least a written description of what was done in the way of improvements, as an auditor may ask about it if you get audited. They probably would not allow the deduction unless you have documentation.

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    March 25, 2022

    Question: Mama's 1/2 of the purchase price of the house in 1978  - (minus) 1/2 of the value of the land in 1978 (which I figured at 1/3 of the total cost of the property)  + 1/2 of the improvements over the years  +  1/2 of the FMV on the date Daddy died.

    Please confirm that!!!

    • Yes, this is the correct cost basis of the house without the land.

    Question: In that section I answered that the original use of the item began with me and I would take the 100% special depreciation allowance.  It did not mention Safe Harbor.  But I "assume" that is what this is? 

    • No.  You should say 'No' to special depreciation and then remove those assets (delete them).  Then go to 'Other Expenses' on the rental and list the items there to use the DeMinimis Safe Harbor and simply take the $500 expense without listing them as assets. If there is more than one asset you should keep the list with your tax records.

    @carolynarose77

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    March 26, 2022

    Maybe I'm overthinking this.

    My mom's cost basis for the jointly owned home she and Daddy had that is now a rental.  A couple of people have confirmed how to find the adjusted basis.  They reminded me to add in 50% of the FMV of the property on the date Daddy died.  

    According to the property records for 2021, The FMV of the property is $356,500 with a land value of $120,700.  No one advised me to deduct 1/2 of the FMV of the land.   Every response said add in $182,750.

    So do I just use $182,750 (1/2 of FMV of property) OR do I use $122,400 (1/2 of FMV of property $182,750 - minus- $60,350 (1/2 of FMV of land).

     

    Thanks for your help!!  This is very complicated and I want to get it right!!  

    LeonardS
    March 28, 2022

    Nowhere do I see where it was asked or determined if you live in a community property state.  If you do this has a direct impact as Federal tax code section 1014(b)(6) provides that community property assets step up 100 percent in basis at the death of one spouse (even though the other spouse survives).  If your Mom lives in a community property state her basis would also be increased to the FMV on the date her spouse died.

     

    Community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

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