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June 23, 2020
Question

Rental Property Remodeled and sold in 2020

  • June 23, 2020
  • 2 replies
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I have a rental property which has been rented out since 2015, at the end of September 2019, the last tenant moved out, the property is terribly damaged, so I decided to do a total remodeling and then sell it. I hired a contractor start the remodeling in the middle of Nov 2019, and the remodeling is completed in early December, was put on market for sale before Christmas 2019, and finally sold in February 2020. I spent $18000 in the remodeling cost, now my question is how to report this $18000 on my tax return? Should I add it into 2019 tax return as depreciation, but choose "deduct the whole cost at once" with the section 179? Or can I just put this $18000 into my 2019 rental property expense? My confusion is the cost happens in 2019, but the house is sold in 2020, if I wait until i report 2020 tax return, can I still include this cost as cost basis for selling the property? Please help.

2 replies

Carl11_2
Employee
June 24, 2020

Your remodel is actually property improvements that add to your cost basis of the property. Normally rental property improvements are depreciated over time starting on the date those improvements are placed "in service" as a rental asset. However if your case your property improvements were never placed in service. Therefor they are not depreciated. Yet they still add to your cost basis of the property regardless.

 

There are a number of ways to report this. But regardless of the way you report it, there is absolutely no need to include these property improvements on your 2019 tax return if you don't want to. However, if you can if you want, and it might be a good idea to do so. Therefore I am recommending that you do. Before I get into how to do that correctly, some explanation concerning depreciation is called for here.

 

As you know, you are required by federal law to depreciate rental assets. However, by that same law land is not depreciated when utilized in the production of rental real estate income (commercial or residential.)  Then in the tax year you sell that property you are required to recapture all depreciation taken on the property and pay taxes on it. Recaptured depreciation is added to your AGI and has the potential to put you in a higher tax bracket. Therefore, if you are not required to depreciate the property, then you definitely don't want to do that.

Residential rental real estate property depreciation starts on the first day that property or property improvement is placed "in service" and becomes available for rent. SInce you made no attempt to rent the property after the last renter moved out in 2019, I highly recommend you convert the entire property and any depreciable assets that existed prior to the last renter moving out, back to personal use. This will stop depreciation on that day. Your date of conversion back to personal use needs to be no sooner than one day *after* the last renter moved out.

 

First, I will discuss how to convert the property back to personal use. Then I will discuss how to add your property improvements as assets in a way that will increase your cost basis in the property, without depreciating those property improvement assets that were completed after the last renter moved out.

 

Converting the property to personal use:

Start working through the rental "as if" nothing changed. About the third screen in (the property profile section) is titled "Do any of these situations apply to this property?"

On that screen select "I converted this property from a rental to personal use in 2019"

If you have passive carry over losses from IRS form 8582 on your 2018 (twenty eighteen) tax return, you'll also select the option for "I have passive activity real estate losses carried over from a prior year."

Then continue working it through, and enter your carry over losses if applicable and if you have any. Continue working it through "as if" nothing changed, reporting all rental income and rental expenses. Keep in mind that you can only claim those rental expenses incurred up to the date of conversion to personal use. (no, you're not going to "lose out" on expenses incurred after the renter moved out in Nov 2019. Those are dealt with differently. )

On the screen, "Was this property rented for all of 2019?" select NO.

For "days rented" the day count starts on Jan 1st and ends on the day the last renter moved out.

For "Personal use during the year" the number you enter here is ****ZERO****. The program is asking you for days of personal use *WHILE* *THE* *PROPERTY* *WAS* *CLASSIFIED* *AS* *A* *RENTAL*. What you used it for *after* you converted it to personal use *DOES* *NOT* *COUNT*. Period. End of story.

 

When you get done with rental income and rental expenses, the next section is "Assets/Depreciation". Start working through that section. Elect to edit/update the assets/depreciation section. If asked if you want to go straight to your asset summary, select YES. Now you have to work through each individual asset one at a time, and do the below for each individual asset listed here. At an absolute minimum, the property itself will be shown in the "Your Property Assets" list.

 

Elect to edit/update the first asset and begin working it through.

On the screen, "Did you stop using this asset in 2019?" select YES.

For the "date of sale or disposition" the date entered here must be at least one day after the last renter moved out. The date you enter here will be the date depreciation stops on this specific asset. So you want to enter the same date for all assets to keep things consistent. Leave the "date acquired" alone.

On the "Special Handling Required?" screen, select YES. If you select NO then you will be "forced" to enter sales information. Since you did not sell the property in 2019, you can't enter sales information on your 2019 return. So you must select YES on this screen.

The next screen shows you the depreciation on this asset for 2019, and the amount is based on the date you converted it to rental. Click Continue and repeat the above for the next asset, if you have other assets listed.

Once you have completed all the above for all assets listed, click the DONE button.

Now if at any time in any year you claimed any vehicle use for this property, even if less than 100% business use, you "must" work through the vehicle section and show your disposition of this vehicle. More than likely, you will just indicate that it was removed for personal use and be done with it.

This completes converting the property from rental business use, to personal use. Now lets add the property improvements you did after the last renter moved out.

Now back on the "Review.....Summary" screen elect to start/update the Assets/Depreciation section again. If prompted to go straight to your asset summary, select YES and continue. Now you're back on the "Your Property Assets" screen, and everything listed there has already been converted to personal use. Let's add those property improvements now.

Keep in mind that we really aren't "that" concerned with the MACRS asset classification for your property improvements, since they are not being placed in service, and will not be depreciated.

Click the "Add an Asset" button.

Select "Rental Real Estate Property " and continue.

Select "Residential Rental Real Estate" and continue.

Now enter a description for your property improvement. For all improvements that were completed after the last renter moved out, you can just group them all together. It makes your life easier in the long run, and since we're not going to depreciate them anyway, it's not going to matter.

For the cost of these property improvements, this will include not only what you paid for the asset, but also the cost of shipping, delivery, labor for installation, the electric and water bill used by the workmen in their labor process, etc.

Now enter in the "Cost of Land" box the same exact amount you entered in the COST box. What this does is allocate the entire amount entered in the cost box, to the land. Since land is not a depreciable asset, that means that no matter what "in service" date you enter, this asset will not be depreciated. I suggest you enter an in service date of Dec 31, 2019 in the box for "date purchased or acquired". Then continue.

Select "I purchased this asset new" and then for the sole sake of simplicity, select that you used the asset 100% of the time for this business. Then give it a start date of 12/31/2019 and continue.

If offered the "Special Depreciation Allowance" you will note the amount allowed is $0. Select NO and continue.

On the Asset Summary screen you'll see the depreciation amount is $0. If you select show details, you'll see the amount added to your cost basis, and no type of depreciation is taken or allowed. That's exactly what you want. Finish working this through and you're done.

If offered the "safe harbor" option, select "None of these apply" and continue.

Finish working things through to the "Rental and Royalty Summary" screen. Then to save everything and completely exit the SCH E section of the program click the DONE button.

Now you can continue with the rest of your tax return as needed or required. If you have done everything completely and correctly, then this particular property should "NOT" be imported into your 2020 tax return when you start it next year. THerefore, there a three documents that you will need to print a hard copy of, *AFTER* you have completed your return, filed it with the irs *AND* it has been accepted by the IRS.

 

Once your return has been accepted by the IRS, elect to save a copy of *EVERYTHING* as a PDF file. Not just the forms needed for filing, and not just the forms needed "for your records". You want to save "EVERYTHING" in PDF format so that you can open and print the pages you will need, using either the Edge browser, or the free Adobe Acrobat Reader program.

The documents I'm instructing you to print here will be *REQUIRED* when you report your sale of this property on your 2020 tax return. Without the information provided on these 2019 tax forms, it will be impossible for you to correctly and completely report the sale.

 

First, you need to print the two IRS Form 4562's for this specific rental property. Both of these 4562's print in landscape format. One is titled "Depreciation and Amortization Report" and the other is titled "Alternative Minimum Tax Depreciation".

The other form you will need is the IRS FOrm 8582. This form will only exist in your 2019 tax return if you have carry over losses that could not be used in 2019. So if the form 8582 does not exist in your PDF copy, that means either you have no carry over losses, or if you had carry over losses from 2018 they were all used up in 2019. This can and does happen. But it's not all that common.

File both 4562's and the 8582 (if applicable) with your 2020 tax data. You will need information off those forms when you report your 2020 sale of the property on your 2020 tax return that you will complete next year.

 

 

 

xzllAuthor
June 24, 2020

@Carl11_2  thanks so much for such a detailed answer, i have followed the steps to put the remodel cost into my 2019 tax return, and it does show as cost basis as you mentioned. I have some additional questions:

 

1. Thanks for pointing out specifically what form is important to keep and file. I always purchase the Turbotax software each year, and start with importing last year's return. And I always use e-file for both Federal and State return. Is my understanding correct that if I use e-file option, Turbotax will take care of including all needed forms to submit to IRS for my 2020 return? I will definitely save a PDF copy of all the forms for my return as well.

 

2. As the $18000 remodeling cost has been added in my 2019 return as cost-basis, so in 2020 return, this cost basis will be offset the capital gains I have when I sell the property, correct? Also is the closing cost I paid when selling the property can also be used to offset the capital gain as well? Well, I am trying to offset the gains as much as I can so I don't have to pay too much capital gain tax in 2020.

 

3. You mentioned that the depreciation recapture will be added to my AGI, I have followed your advice to convert the property back to personal use on 10/1/2019, and I do see the property's its own depreciation reduced around 1K. So is there any other ways I can do to make less recaptured depreciation being added to my 2020 AGI?

 

Thanks again for your time and it's really helpful.

Carl11_2
Employee
June 24, 2020

1.  Turbotax will take care of including all needed forms to submit to IRS for my 2020 return?

Yes. But the only forms actually submitted to the IRS (in electronic format of course) are those forms required for filing. The 4562's I informed you that you need to print, are not forms required for filing. But *you* *personally* will need to refer to them later when you report this sale on your 2020 tax return next year.

 

2. As the $18000 remodeling cost has been added in my 2019 return as cost-basis, so in 2020 return, this cost basis will be offset the capital gains I have when I sell the property, correct?

Yes, if you report it correctly of course. There are two possible ways to report this sale in TurboTax next year, and we'll use whatever you deem easiest/simplest for you. Regardless of which reporting process is used, the end result will be exactly the same.

Also is the closing cost I paid when selling the property can also be used to offset the capital gain as well?

You're referring to closing costs. The program deals with those just fine. But it's up to you to keep a detailed list of your closing costs. Thats because some of those costs add to the basis, while other costs are just a straight up deduction. 

Basically, costs associated with acquisition/deacquisition of the property are added to the cost basis. As the seller, you probably won't have any of these costs since it's the buyer that gets to claim them (regardless of who pays them). Costs associated with the loan (for you as the seller) will be a flat out deduction. You may have a few of those associated with the final payoff of the mortgage you had on the property prior to the sale.

Well, I am trying to offset the gains as much as I can so I don't have to pay too much capital gain tax in 2020.

For you as the seller, you're just not gonna have that much. One thing I would recommend you do "right now at this very instant in time" is that if you sold at a gain, go ahead and send the IRS a flat 20% of what you estimate that taxable gain is. You can do that at www.irs.gov/payments. Remember to print your receipt so you can include it as "taxes already paid" on your 2020 tax return.

If your state also taxes personal income, then send your state a percentage of whatever your "normal" tax rate is for your state. I would expect that to be anywhere from 5% to no more than 8%.

Now don't worry yourself to much about those payments. It's highly likely that when you file your 2020 federal and state taxes next year you will have over paid and will get a refund. But that's more preferable than being assessed and underpayment penalty and interest for under paying.

3. You mentioned that the depreciation recapture will be added to my AGI, I have followed your advice to convert the property back to personal use on 10/1/2019, and I do see the property's its own depreciation reduced around 1K. So is there any other ways I can do to make less recaptured depreciation being added to my 2020 AGI?

Nope. The IRS will get their money one way or another, sooner or later. For us rental property owners it's set up to make sure they get it later, so that they get more by hopefully bumping us into a higher tax bracket with the recaptured depreciation. It sucks, but it is what it is.

 

One thing is for that property improvement you entered for $18K, I assume you gave it an in service date of 12/31/2019. This ensures all the SCH E data will be imported into the 2020 return. So on  your 2020 return you "sorta" don't need to concern yourself with converting it back to personal use. Remember, you entered the cost of your property improvement in both the "cost" and "cost of land" box so that it won't be depreciated.

On the 2020 return you'll have the choice to covert that asset to personal use on 1/1/2020. But then you'll have to report the sale in the "Sale of Business Property" section. As it stands now, it looks like that's going to be the best way to report it, unless there are any major programming changes to the program. So this is the primary reason why you will need those forms I recommended you print out.

By the way, does your 2019 return have the IRS Form 8582 showing your passive carry over losses? Just curious at this point because it's more common than not for rental property to have carry overs every year.

Employee
July 13, 2020

I need to list property bought in 2019 but will not be producing income until after renovations are completed in 2020? Do I list all of these expenses into the cost basis?  This consists of a house with major renovations  and an adjacent lot that had to be cleared .