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Rental property tax rules are complicated

Whether you're an intentional landlord or an accidental one, you may have questions about how to report rental income and expenses. That's understandable. The rules are complex. Even the IRS admits it, saying errors related to rental real estate activities contribute to what's called the "tax gap," a measure of tax law compliance.

Here are three areas where rental property tax rules differ from what you might expect.

  • Depreciation. You're probably familiar with immediate expensing rules, also called Section 179. Using these rules, you write off the cost of business assets in the year you purchase them. But did you know Section 179 is generally not available for residential rental property?

    Typically, you'll depreciate residential rentals over 27.5 years. Appliances, carpeting, and furniture are depreciated over five years.
  • Rental losses. When rental expenses exceed income, the loss may not be deductible on your current year federal income tax return. Your income level and your participation in managing the property affect the deduction of any losses.

    Losses you're unable to use in the current year are "suspended." Suspended losses can be applied against income from your rental in future years and can also reduce gain when you sell your property.
  • Sale of rental property. Depending on how you acquired your rental, the tax basis - the amount used to calculate gain or loss when you sell - may not be your cost.

    For instance, say you used the property as your personal residence before renting it. In that case, your basis could be the fair market value of the home on the date you converted it to a rental instead of what you originally paid.

    Special rules may also apply if you made a former rental property your residence.

Please call if you need details on the tax treatment of rentals.

For more information, contact Ross Rizzo at 212-404-5528, rrizzo@sb-cpa.com.

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