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February 8, 2024
Question

Rental property

  • February 8, 2024
  • 3 replies
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We bought a property in Oct 2022, renovated it in 2023, and made it available for rent Dec 1 2023. We have not occupied the property after the rental date commenced. I understand that improvements need to be depreciated over 27.5 yrs. What expenses will I be able to deduct give the long time period between purchase and rental? Thanks>

 

 

 

3 replies

AmyC
Employee
February 8, 2024

The purchase price of the house plus  some closing fees plus the cost of all the renovations equals your basis in the house. You will subtract out the land value and depreciate the house on that new larger number. Once the home was made available for rent on Dec 1, you may have trash, utilities, yard care, a lightbulb, little things to deduct.

 

See Pub 527

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Carl11_2
Employee
February 8, 2024

Basically, expenses for getting the property ready for the "very first" tenant after you purchased it, are not deductible. Things like repair expenses, maintenance expenses, and the such. However, property improvements you paid for at any time after the original purchase of the property can be claimed. But property improvements are not deducted. They add to the cost basis of the property and are depreciated over time. The depreciation time frame is dictated by the MACRS classification of the improvement.
As first time landlords, I'm providing you the below information in case you find it helpful. Please note that in your first year reporting rental income/expenses, absolute perfection on the tax return is not an option; it's a must. Even the tiniest of mistakes can (and will) grow exponentially as the years pass. Then when you catch your error years down the road, usually the tax year you sell the property, the cost of fixing it will be high.
So by all means, if/when you have questions, please ask. Even what you may consider a trivial question that goes unanswered, can be costly years later if your assumed correct answer is not the right one.
Also take note that if this property was not "available for rent" in 2022, then it would not be reported on SCH E on your 2022 tax return. I suspect it was not, since you say you were fixing things up between Oct 2022 and Dec 1, 2023. So I figure you didn't even start advertising it until Nov 2023 at the earliest, when you were close to having it ready for a potential Dec move in by a tenant.

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.

 

D-48Author
February 12, 2024

So to be specific, at our closing in 2022, we paid $10K at closing for HOA fees on our condo, but we had no mortgage/interest and closing fees were minimal. In 2023 we paid $12K in HOA fees and 4K in taxes  We actually tried to rent the property in mid 2023, but had no takers, so we spent 2 months (Sept 15 - Nov 15) renovating the property (improvements),  put it on the rental market on 12/1 and actually rented it beginning 12/20. Other than the improvements, we spent approx $5K on consumables, repairs, etc. My assumption is that we should start  depreciation of improvements on 12/1, but I am not sure which of the 2022 and 2023 fees and taxes are deductible. Please advise.

February 13, 2024

From your 2022 expenses when you purchased the property, some of your minimal closing fees may be added to the basis of the property, but not HOA fees.  

 

From your 2023 expenses, you can claim a prorated amount of the property tax as a Schedule A deduction since you own the property.  Prorate the amount and claim eleven months of property tax on your Schedule A, with the other month claimed on Schedule E since the property became a rental on December 1st.  The HOA expense for 2023 can also be prorated, with one month's worth deducted as a rental expense.  The remaining eleven months of HOA is a personal expense and not deductible.

 

Only the property improvements will be added to the basis.  Small repairs and consumables are a personal expense unless you incurred these expenses between December 1 when you placed the property in service as a rental and December 20 when it became occupied.

 

Another thing to note, you mentioned that you tried to rent the property earlier in the year before doing the renovations.  If it was still being advertised and available for rent during the renovation period, then you could consider that it was placed in service before December 1.  The key is that you would have been advertising it and trying to get it occupied during that time.

 

@D-48 

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February 16, 2024

TurboTax won't let me enter my rental property's real estate taxes, insurance premiums or repairs like I did last year.  The START button is absent.  Did the tax law change?  That was a big write off for me last year.  Any input would be greatly appreciated.  TIA!!

February 19, 2024

This is a problem on your end - the start button should still be there.  You should try a couple of things.

 

Restart your computer.  Always a good first step.

 

Clear your cache and cookies.  Here's how to do that.

 

Change the internet browser that you are using to access the software.  If that doesn't work then change computers.

 

@peachteach 

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