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February 18, 2020
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Rent out a room with Depreciation related question

  • February 18, 2020
  • 2 replies
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Hi,

 

I rent out 2 room out of my 4 bedroom home. Is it okay if I deduct all the expense 50% based on the number of room? or I should go with the square feet calculation. 

 

I know that I can depreciate the house on schedule E for 50% of the depreciation value. I know depreciation will come with the cons --> the recapture thing later if I plan to sell the house. However, I did some more research and seem like depreciation is not a choice, even I don't do depreciation now, IRS still considered it as detailed  below

“If you were entitled to take depreciation deductions because you used your home for business, you cannot exclude the part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997.” 

 

My question is I do not rent out the whole property, it's my primary home not a rental property but I do rent out part of it, will I considered that used my home for business and above rule will apply?

 

Just trying to figure out if I should do the depreciation or not.

 

Last question about the house expense such as property tax, PMI, interest. I file those cost in Schedule A and therefore I can't put it again in Schedule E. However, what is the best practice here?

 

Thanks

    Best answer by ColeenD3

    Yes, all those that are an expense to get the rental income are deductible at 50% for the business portion. It doesn't matter which method you choose.

     

    If you don't take depreciation, you have to recapture it anyway, so yes, you would lose.

    2 replies

    ColeenD3
    February 18, 2020

    Yes, since you rent out a portion of your home, it is now 50% business property and 50% personal. It is your choice is you want to do it by rooms or square footage.

     

    You would divide each expense. However, some expenses might be strictly personal and therefore not deductibe. On the other hand, if you were to paint the tenant's rooms and not your own, then that is a 100% business expense.

     

    In addition, any space that is shared can't be included in the rental portion.

     

    Yes, you must depreciate. There is an area in the program where you can indicate if you want TurboTax to do the math or if you would rather do it.

    kaipoAuthor
    February 18, 2020

    Can I use the 50% for all the expenses like utility bills/cable/HOA if I do it by rooms.

     

    So depreciation is not a choice? if I don't do it, it's just considered as my loss?

    ColeenD3
    ColeenD3Answer
    February 18, 2020

    Yes, all those that are an expense to get the rental income are deductible at 50% for the business portion. It doesn't matter which method you choose.

     

    If you don't take depreciation, you have to recapture it anyway, so yes, you would lose.

    Carl11_2
    Employee
    February 18, 2020

    Apparently, there must be some change to the laws on this that I can't find in IRS Publication 527. From what I read (beginning on page 16) while you can use any reasonable method, renting out just two bedrooms in one's house doesn't come anywhere close to 50%.

    But the one thing that I do notice is now missing from the 2019 version of the publication, is the "exclusive use of the renter" clause.

    Also, there's no mention of splitting costs between SCH E and SCH A by any method other than either;

     - Percentage of total square footage (for figuring mortgage interest, insurance and property taxes)

     - Percentage of people in the house that are renters.(for splitting utility costs)

    On the matter of utilities, it does specifically state that you can't prorate one penny of the telephone bill to the SCH E for the "first" phone line in the house. So if there's only one telephone line to the house, you can't claim a penny of the phone bill as a rental expense.

    So if you have a three bedroom house and you're renting out two of them, I don't see how splitting things at 50% would be "reasonable". This seems to be a rather grey area in the publication since "reasonable" is not clearly defined. In fact, it's not even vaguely defined.

    The closest thing to clarification is the very first paragraph of that section which states:

    "If you rent part of your property, you must divide certain expenses between the part of the property used for rental purposes and the part of the property used for personal purposes, as though you actually had two separate pieces of property"

    I think the key words there are "as though you had two separate pieces of property". That to me seems to be the replacement for "exclusive use of the renter." Now the "Certain Expenses" it defines for the above, are the mortgage interest, property taxes and insurance.  On the insurance front it also indirectly insinuates deducting the insurance or portion of insurance that you pay for the "business use" of a part of your home. So this seems to be yet another grey area that leads me to believe you need a separate insurance policy for this.

    Now I do know for an absolute fact that the standard homeowner's policy does not cover business use of the property. So if for example there is a fire and it's caused by a paying tenant or occurs in one of the rental bedrooms, that fire occurred at a time it was not being used for it's insured purpose. That's how the insurance company gets out of paying the claim, and they will be successful in doing so.

    But if you either got a rider on your existing policy, or a completly separate policy to cover any damages related to the business use of the property, then the cost of that rider or separate policy would be a 100% rental insurance deduction with no prorating required.

     

    March 13, 2020

    I am so glad I found this thread. I want to make sure I understand especially in light of the changes you have discussed.

     

    I own my home, pay a mortgage, and rent one room in my two bedroom duplex to my niece who is on SSI and with whom I have a rental agreement on file with SSI.

     

    There are only two of us in my home. She has full run of the home. Therefore, I have used 50% of my home as used for business purposes and have divided Schedule E expenses by 50% as well.

     

    I am trying to be careful not to let my home revert to personal use given that my niece is a qualifying relative. As I understand it, it is a different ballgame when you are renting to a family member, personal use issues arise in this situation. I rent to her at fair rental value.

     

    I will also claim her as a dependent again.

     

    I hope I am doing all this correctly.  ??

     

     

     

     

     

     

    AmyC
    Employee
    March 13, 2020

    The renting out of rooms has changed much in the last few years. The room she rents from you has zero personal use to you. The rest of your home, is your home that you are letting her use.

    Traditionally, you based everything on that one room that was not available to you. The landscape and laws are evolving.

     

    @Carl11_2 and I are both wary of what these changes will look like after some court cases.

     

    You are claiming her as a dependent? Saying you provide over half of her support? Please review what is considered support and be sure you can prove that. Please use Worksheet for Determining Support. Particularly since she is paying you rent.   Use this online tool  to be sure you can claim your niece after the worksheet, Filing Status, Dependents and Exemptions 

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