If you are filing by mail, and you elect to “print and file”
when finished, be aware the program only prints those forms required for
filing. So you should print it again electing to print E-V-E-R-Y-T-H-I-N-G, and
keep that copy for your records for at least 7 years. You should also print
everything when you e-file also. That way, should you ever be audited or have
some other need for detailed information not included in the “print and file”
copy, you will have it. If you don’t do this, and you are doing your taxes with
the online version, or if using the desktop version and your computer dies, and
find you need this detailed information, then there is flat out no way possible
to get it. You’ll have no way to prove how you arrived at your figures and you
WILL LOSE your case if it’s one where the IRS says you did it wrong. Note that
for on-line users, TurboTax PERMANENTLY deletes your online tax file after 2
years of not using the online version to file your taxes..
These instructions assume that you DID NOT live in the rental
property for one single day between the time the last renter moved out, and the
time you sold it. Also, while you may have in the past, converted this property
back and forth between your primary residence and rental property, it is
assumed you did not live in the property for any period of time IT WAS A
RENTAL. (If you lived in it while it was declared your residence, that time
doesn’t count.)
Finally, before we start, if this property was your primary
residence/main home for 730 days of the last 1826 days you owned it, thus
qualifying for the “lived in 2 of last 5 years” capital gains tax exclusion,
you cannot use these instructions, as you do not report this sale in the
Rentals & Royalties section. You’ll report this sale in the “Sale Of Home
(Gain or Loss)” section instead. It’s under the Wages & Income tab, all the
way at the bottom in the Less Common Income section. If you qualify for the
exclusion, then use the instructions at https://ttlc.intuit.com/questions/2615083
To determine if you
qualify for the exclusion, for total days owned start counting from the closing
date on the HUD-1 statement you received when you purchased the property. You
will include the closing date on that HUD-1 as day 1. The closing date on the
HUD-1 you received when you sold the property, does NOT count as a day you
owned or occupied it.
For the number of days it was your primary residence/main home,
the date you converted it to personal use is day 1 of your count. The date you
converted it to rental does NOT count, and the date of closing on your HUD-1
statement you received when you sold the property does NOT count.
You will be reporting all rental income and expenses, weather
you actually had a renter in the property or not on or after January 1st, 2014,
as well as sales information. Unless you change it on your 2013 or 2014 tax
return, even if the house has sat unoccupied since you filed your 2013 tax
return, it is STILL rental property as far as the IRS is concerned.
Before you start following these instructions, you are HIGHLY
ADVISED to read them through completely, all the way to the very last page. You
may not understand many things on this initial read. But the intent is that as
you work through them the 2nd time and are performing the tasks of these
instructions, you’ll at least have somewhat of an idea what comes later should
you have concerns like “well what about this?” or such as you work through
this. So for your own sanity, read them through completely, FIRST.
Before you can get started entering data into the TurboTax 2014
program you first need to gather information and do some math. We’ll
start with the HUD-1 statement which you received a copy of at the closing when
you sold it.
On page 2 of the HUD-1 statement your deductible sales expenses
start at line 703 and end at line 815. But pay attention to detail here. If you
have the NEW HUD-1 form, and there's an amount on line 803, then you will not
include the amounts on line 801 and 802. This is because line 803 is the sum of
lines 801 and 802. NOTE: as the seller, you can only deduct those expenses
which have an amount in the “Paid from seller’s funds at settlement” column.
Add these numbers together and write down the answer, labeling this figure as
“Deductible Sales Expenses”
Now, without entering any data or changing anything, we need to
get some numbers out of the TurboTax 2014 program. I am assuming you have
already started using the program and have therefore imported the data we need,
from your .tax2013 file from last year, into the TurboTax 2014 program.
For TurboTax Premier Under Federal Wages select the Wages &
Income tab, then the I’ll Choose What To Work On option. For TurboTax Home
& Business, under the Business tab select the I’ll Choose What To Work On
option.
Scroll down to Rental Properties & Royalties and elect to
start/update that section.
Work through the next 3-4 screens “AS IF” you still own the
property.
When you get to the Rental & Royalty Summary screen, elect
to edit the rental property you sold in 2014.
Work the next 2 screens AS IF you still own the property. The
3rd screen is titled, “Do any of these situations apply to this property?”
On this screen, select the option for “I sold or disposed of
this property in 2014” and select any other options that apply also. Then
click Continue.
On the screen asking if the property was rented for all of 2014,
if it was rental property between January 1st 2014 and the time you sold it,
select YES even if you did not have a renter in it. (If you did not live in it
for one single day in 2014, it was still rental property, weather it was
actually rented or not.) Then Continue.
Continue working through the next screens AS IF you still own
the property, until you come to a screen titled “Review Your <rental
property name> Rental Summary”. It’s 7 screens later for me.
On the summary screen, you will work through all four items.
Note that the 3rd item is titled “Sale of Property/Depreciation”. If it’s
titled differently, then you did NOT select the “I sold or disposed of this
property in 2014” where you should have, as outlined earlier in this post.
When you have completed the first two items on this screen,
click FILE then SAVE to save where you are now in the TT program. Then elect to
edit/update “Sale of Property/Depreciation”
On the “Your Property Assets” screen, you will at a minimum have
one item, which will be the actual property itself. Elect to review this item.
The screen should be titled “Review Information”.
On the Review Information screen write down the figures for
Cost, Land, and Prior Depreciation.
Once you have the above figures written down and labeled, click
the BACK button.
At this point, we need to do some math. The “Cost” you wrote
down is the full price you paid for the rental property, including the land.
The “Land” figure you wrote down is what portion of the “Cost” figure was
allocated to the land. We need to know what percentage of that “Cost” is for
land. Here’s the math equation to get that percentage.
LAND divided by COST. I’m going to plug in some imaginary figures to ensure you
understand this.
COST: $50,000 (This is what I paid for the entire rental
structure)
LAND:$10,000 (This is how much of the above $50,000 was used to
pay for the land only)
10000 divided by 50000 equals .2
I move the decimal point two places to the right for 20 and that
tells me that 20% of the $50,000 paid for the land. So now write down “Land
Cost – 20%” (You will need this figure later)
Now back to the TurboTax 2014 program for more information.
You should be looking at the screen titled “Your Property
Assets”. Do you have anything other than the actual property itself
listed there? If, during the period you owned this property you did anything
like put a new roof on, or replace the Central Air unit, you’ll see it listed here,
assuming it was correctly reported on your taxes in the past. If so, we
need your cost and prior depreciation for EACH AND EVERY ONE.
Elect to Edit the next one, write down the cost of that
improvement and the prior depreciation already taken and label it for the
improvement it is. Then click the BACK button and do the same for the next item
in the list on the “Your Property Assets” screen.
Now, replace my imaginary figures with your figures and lets do
some more math.
Sales Price: $100,000 (What I sold the rental property for)
Sales Price times Land Cost Percentage = what I sold the land
for
$100,000
X
.2
equals
$20,000
Sales Price minus what I sold the land for equals what I
sold the rental structure for
$100,000
--
$20,000
=
$80,000
Rental Structure Sales Price = $80,000
Land Sales Price = $20,000
If you have other property improvement assets that you wrote
down the cost of, here’s where it gets tricky, so PAY ATTENTION. You must now
allocate portions of your “Rental Structure Sales Price” ($80,000 in this
example) to each asset that you also sold as “a part of” the sale of this
rental property. (The sale price of the land does not change, just because you
added value to the rental structure with property improvements)
Now, so that you better understand and comprehend the reasoning
behind my asset sales price allocations, let’s do a little bit of history on my
imaginary rental property here.
I purchased the property in 2000 for $50,000
In 2003 the roof was in such bad shape, I had it re-shingled at
a cost of $5,000
When I did my taxes in 2003 I added this asset to my rental
property on my 2003 tax return.
In 2008 the Central A/C bit the dust and I replaced it for
$5,000
When I did my taxes in 2008 I added this asset to my rental
property on my 2008 tax return.
My total investment in this property is now $60,000 (this figure
is referred to as my “adjusted cost”)
Now, on my 2014 tax return, I have a total of three assets
listed for this rental property.
The rental property itself which I purchased for $50,000 (with $10K allocated
to the land)
The new roof which I purchased for $5,000
The New A/C which I purchased for $5,000.
I sold this house in 2014 for $100,000 which, per my figures
done earlier, the rental structure sold for $80,000 and the land sold for
$20,000.
Now I need to allocate some of that $80,000 rental structure
sales price, to the roof and the A/C assets. Since I sold the entire property
for a gain, I “MUST” show a gain on each and every asset. (Even if it’s only a
$1 gain on the A/C and a $1 gain on the roof) The reasons for this are
explained in the Q&A section at the end of this document. For now, just
accept my claims at face value please.
So here’s how I’m going to allocate my sales price, ensuring
that everything adds up to EXACTLY $100,000 (the price I sold the entire
property for)
Asset
I
Paid
I sold it for
House
$40,000
$68,000
Land
$10,000
$20,000
Roof
$5,000
$6,000
A/C
$5,000
$6,000
Totals
$60,000 $100,000
With the above you can see I have a “raw” taxable gain of
$40,000 I haven’t deducted sales expenses yet, and I’m not worried about it
because the TurboTax 2014 program takes care of that for me. I also haven’t
figured in reclaimed depreciation. But again, I’m not worried about it because
the TurboTax 2014 program will do that for me.
So in my chart above, replace my imaginary figures with your
actual figures you’re going to use on your tax return. Now we’re ready to start
entering data in the TurboTax 2014 program.
You’re already in the “Your Property Assets” screen, So elect to
edit the 1st asset, which I am assuming is the actual rental property itself.
Click Continue and the screen is titled “Did you stop using this
asset in 2014?”
Click YES.
On the “Disposition Information” screen enter the sale date as
it appears on your HUD-1 closing statement. The “date acquired” field is
already filled in. Leave it alone and click Continue.
On the “Special Handling Required?” screen, click NO. NOTE: for
that first item listed (the business use percentage of this asset varied during
the years it was used for business) if at sometime in the past you converted it
from a rental to personal use, and then back to rental again, the period of
time it was for personal use DOES NOT COUNT. Therefore, you will still select
the NO button on this screen because you did not use it for personal use WHILE
IT WAS A RENTAL. (If you have to click YES, then because of all the potential
scenarios, and they are many, I can’t help you. You’ll just have to wing it and
hope these instructions get back on track eventually.) On the “Home Sale”
screen click NO. I am assuming this is NOT your primary residence at the time
of sale. If it is, then you probably shouldn’t even be in the Rentals&
Royalties section to report this sale anyway.
Click No again, (this property is not your main home)
On the “Sales Information” screen, remember those figures I told
you to write down earlier? If you’ve got multiple assets to report the sale of
here for this rental property, that’s where the numbers you got in the above
section come into play. So for the amount you’re allocating to the actual
rental structure itself (Labeled “HOUSE” in my chart above) enter that figure
in the “Asset Sales Price” field. Then enter your figure for the land in the
“Land Sales Price” field.
Now, take your total sales expenses (which you already have from
lines 703-815 on the HUD-1 closing statement) and multiply the total sales
expenses by the “Land Cost Percentage” (remember? You wrote this percentage
down earlier) to see how much of your sales expenses will be allocated to the
land, and subtract that answer from the total sales expenses. Here’s the math.
TOTAL SALES COST times LAND COST PERCENTAGE equals SALES EXPENSES
OF THE LAND
$3500
X
.2
equals
$700
So still on the Sales Information” screen, I’ll enter this
data as follows:
After entering all the above data, click the Continue button.
On the “Personal Residence” screen, click NO. (If you need to
click YES, you’re on your own from here. Don’t know if these instructions will
fall apart on you, or what)
On the “Installment Sales” screen click NO, then click Continue
and work through until you are returned to the “Your Property Assets” screen.
IF you have other assets, then you will elect to edit each one
and enter the sales price you allocated for that asset. Make sure the
“disposition date” or “sale date” you enter for each item, matches what’s on
your HUD-1 closing statement. You wil NOT enter any sales expenses for these
additional assets because you already entered your total sales expenses on the
screen for the actual asset/land sales information. But you need to enter
“something” in the sales expense box, so just enter a zero and press on.
(Allocating sales expenses across your assets has no effect on your taxable
gain. So there’s no need to make it any more complicated than it already is)
Once you have completed entering the sales information for all
of this rental property’s assets click DONE and work on through to the end of
the Rentals & Royalties section to finish it out.
Once you have completed your tax return and print it out for
review, you should have a SCH D that shows all your numbers for the sale of
this rental property and the property improvement assets you sold as a part of
that property. Review everything in detail to confirm it is correct, and that you
understand it.
If you are filing by mail, and you elect to “print and file”, be
aware the program only prints those forms required for filing. So you should
print it again electing to print E-V-E-R-Y-T-H-I-N-G, and keep that copy for
your records for at least 7 years. That way, should you ever be audited or have
some other need for detailed information not included in the “print and file”
copy, you will have it. If you don’t do this, and you are doing your taxes with
the online version, or if using the desktop version and your computer dies, and
find you need this detailed information, then there is flat out no way possible
to get it. You’ll have no way to prove how you arrived at your figures and you
WILL LOSE your case if it’s one where the IRS says you did it wrong. Note that
for on-line users, TurboTax PERMANENTLY deletes your online tax file after 2
years.
FAQ – Frequently Asked Questions
Q – I lived in this property for 2 of the last 5 years. So why
am I still getting a capital gains tax? Isn’t that waived if you lived in the
property for 2 of the last 5 years you owned it?
A – Yes, you are correct. But you need to count days. Not
months, weeks or years. Also, the day of closing when you sold the property,
does not count as one of those days.
Basically, there are 1826 days in 5 years (365 times 5, plus 1 day for
leap year). You must have lived in the property as your primary residence (not
2nd home) for at least 731 days of the last 1826 days prior to the
closing date you sold it. If you’re even one day short on either number (you
only owned it 1825 days maybe), then you don’t qualify for the capital gains
exception.
Q – I only made a $40,000 gain on this sale. Why am I being
taxed on a substantially higher amount?
A – While the land was not depreciated during the period you
owned it, the rental structure and all property improvements you paid for(which
added to the cost basis of the property) did depreciate during the period you
owned it. When you sell the property, you are required to reclaim all that
depreciation in the tax year you sell it. Since you didn’t pay taxes on the
depreciation each year you owned it, you have to pay taxes on it now. So if you
sold the house with a $40,000 gain, and had $10,000 of depreciation over the 10
years you owned it, you now have to reclaim that depreciated amount. It gets
added to your “real” gain and you pay taxes on it in the tax year you sell it.
Q – I replaced the 10 year old central A/C in 2010 for $5,000.
How on earth can I say I sold a 3 year old “now used” central A/C unit, for
more than I paid for it?
A – You sold this property (which included the A/C unit) at a
gain (profit). if you report that you sold one single asset of this property at
a loss, it affects the taxable amount of the reclaimed depreciation on that
asset. The IRS says you can’t do that if you’re selling at a gain (which you
did sell at a gain, if you followed these instructions)
Q – Hey! If I amend my 2012 taxes to show I sold it in 2012, tax
rates are lower and my tax liability is lower (or I get money back). Can I do
that?
A. The IRS has a copy of your HUD-1 closing statement, which as
the sale date on it. Nuff said.
Q. When working through my property assets, I see a Central A/C
unit listed there, which I replaced years ago. I can’t allocate any sales price
to it, since it’s no longer there. Since I need to show a gain on all assets,
do I allocate some of my sales price to it? Otherwise, this is going to [removed] me up reporting this rental property sale. Can I just delete it from the “Your Property
Assets” screen?
A. No and No. ABSOLUTELY NOT! If you just delete it you’ll find
yourself in “tax hell” in 18-24 months. The IRS will want to know how you
disposed of that asset. If you removed it for personal use, then all prior
depreciation has to be reclaimed on the tax return for the year you removed it
from service, and YOU WILL BE TAXED AND FINED for the late tax payment on
that reclaimed depreciation. If you sold it, then you still have to
reclaim the depreciation and pay taxes on it. However, there is a “legal
loophole” way to fix this and keep the IRS off your back. This won’t matter if
the old unit was fully depreciated or not. Here’s what you do.
As you work through that specific asset in the rental property
section of the TurboTax program, you will indicate that it was “removed for
personal use” on whatever date in 2014 you want to pick. (I would suggest a
date that is well prior to the sale date on the HUD-1 closing statement). This
will of course, reclaim all prior depreciation and it will be taxable on your
2014 taxes. But that’s okay “for now”. We’ll offset all or a large
portion of that taxable reclaimed depreciation later (Keep reading to see how).
After you have completely finished everything in Rentals
& Royalties and work through the rest of the income section, you’ll work
through everything under the “Deductions& Credits” tab. As you work through
Deductions & Credits you’ll come to the “Other Deductions & Credits”
section under that tab. In that section there’s a sub-section for “Casualties
& Thefts”. Here’s where you’ll report the loss of the old A/C unit,
with a loss date of the day “after” you removed it from service in the rental
for personal use, as a casualty (not a theft). Then the allowed portion of the
FMV of that unit will be deducted from your reclaimed depreciation and you will
only pay tax on the difference. (It will be negligible, but this keeps you
legal)
In the future, if asked (you’ll never be asked) why it took 3
years to report it, the answer is simple. When you replaced it, you stored that
old non-functioning unit in the utility room or shed located on the rental
property. Therefore it was a “rental property asset” until you physically
removed it from the property on whatever date you specified in 2014, on your
2014 tax return.
Note that this asset WILL REMAIN on your 2014 tax return. When
you do your 2015 taxes, if that rental property is imported to the 2015 TT
program, then you will “at that time” delete the entire rental property and all
of its assets from your 2014 tax return.
Super Carl, Had rental property in 2017 & 2018 that I sold in 2019. Listed in January and closed in March. Since I had no intention of renting the property in 2019 TT tells me to "delete" it from Rentals income section. Where do I now report this - and, once it is deleted, how will TT access the depreciation figures? Anything else I am missing? Mike in Columbus
How did you arrive at the sold for price of the house, roof and A/C?
Basically, I pulled the numbers to use for the split out of thin air, keeping one significantly important thing in mind.
- If you sold the property at a gain, then you MUST show a gain on "ALL" assets - even if the gain on some of those assets is $1.
- If you sold the property at a loss, then you MUST show a loss on 'ALL" assets - even if that loss on some of the assets is only $1.
The program itself seems to have issues if you show a gain on some assets, and a loss on others. More often than not, it will screw things up and you'll never know it until you get that audit letter from the IRS 24-36 months after you file the tax return reporting the sale.
So when figuring what number to enter on an asset, keep in mind that you need to subtract the depreciation already taken on that asset and then enter your sales price from that "adjusted" cost basis.
Example:
Asset cost basis is $3,000
I've taken $300 of depreciation on the asset.
I sold the property as a whole, at a loss.
I report my sales price on this asset as $2,900.
That would be wrong, because the depreciation recapture puts my adjusted cost basis on this specific asset at $2,700. So if I report a sales price for this asset of $2,900 I'm reporting a gain on this asset. Chances are, with losses on other assets, the program is gonna screw this up big time.
I've not really looked that close into it, but I think it all has to do with gain/loss on the sale of the land, since the land is not depreciable.
So if your sales price for the land is at a gain, then "everything else" in the assets section must use a sales price that shows a gain too - even if that gain is only $1. Vice-versa if the sales price of the land shows a loss.
This is a fantastic write up and hope it will answer mosts, if not all my questions but, I want to throw a wrench into this to better understand my situation. I did a 1031 exchange so I don't click sold in the initial screen where you say click sold. Any other changes to this write-up that I need to do since I am deferring my gain?
Somewhere else I read to basically change the info on the primary asset from what is prefilled to add up to the cost with all the improvements and the depreciation of all the improvements then just report zero on the sale of all those said improvements. Would that work as well?
If you have been using Turbotax, I would follow their outline and just fill in their blanks because their set up is quite comprehensive. Turbotax calculations behind-the-scene appear very elaborate and if you you do not follow their steps, the end results may be messed up (e.g. counted twice, not all all, or in the wrong place).
It is correct that home improvement can be used to increase the cost basis but depreciation can be quite complicated (especially if there is partial rental). For example, depreciations taken earlier to decrease rental income is restituted at sale time into the cost basis, but taxed at income rate (not capital gain) etc... Also Turbotax grabs these depreciation numbers from prior tax files (if you used Turbotax in the past), so they may be automatically transferred. So beware.
WE SOLD OUR VACATION/RENTAL HALF DUPLEX IN FLORIDA SEPT. 2019. I REPORTED IT THIS YEAR 2021. FEDERAL WENT WELL. BUT CALIFORNIA SIDE OF TURBO TELLS ME TO CHANGE THE SALE DATE OF SEPT. 2019. WHAT DO I DO NOW?
These instructions are very detailed and I really appreciate them. But I can't help but notice it references Turbo Tax 2014 and the HUD-1 Settlement statement. Do these steps still apply with the 2021 TT? I'm using the desktop Turbo Tax 2021 Premier version. I sold my rental in 2021 and we didn't receive a HUD-1. I called the title company and she said HUD-1 is now obsolete and replaced with the ALTA Settlement statement and the Closing Disclosure statements. I do have both of these statements. I compared it to the HUD-1 I received in 2014 when I purchased the rental property and it's very condensed with different line item numbers.
But more importantly I just want to make sure these directions still apply with the 2021 software. I've been using TT for years and always thought it was very simple to use, but I have to say, trying to input the sale of this property has me very frustrated.