Rental Property 10.1 Capital

Frequently Asked Questions - Keyword: Rental Property Home | Contact IRS | About IRS | Site Map | Español | Help Advanced Search Search Tips IRS Resources Compliance & Enforcement Contact My Local Office e-file Forms and Publications Frequently Asked Questions News Taxpayer Advocacy Where To File Frequently Asked Tax Questions And Answers Keyword: Rental Property 10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.) I lived in a home as my principal residence for the first 2 of the last 5 years. For the last 3 years, the home was a rental property before selling it. Can I still avoid the capital gains tax and, if so, how should I deal with the depreciation I took while it was rented out? If, during the 5-year period ending on the date of sale, you owned the home for at least 2 years and lived in it as your main home for at least 2 years, you can exclude up to the maximum dollar limit. However, you cannot exclude the portion of the gain equal to depreciation allowed or allowable for periods after May 6, 1997. This gain is reported on Form 4797. If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, the amount you cannot exclude is the amount allowed. Refer to Publication 523 , Selling Your Home and Form 4797 (PDF), Sale of Business Property for specifics on calculating and reporting the amount of gain. References: Publication 523 , Selling Your Home Publication 527 , Residential Rental Property Publication 587 , Business Use of Your Home Form 4797 (PDF), Sale of Business Property 11.1 Sale or Trade of Business, Depreciation, Rentals: Depreciation & Recapture Can the entire acquisition cost of a computer that I purchased for my business be deducted as a business expense or do I have to use depreciation? The entire acquisition cost of a computer purchased for business use can be expensed under Code section 179 in the first year if qualified, or depreciated over a 5-year recovery period. Under section 179, you can elect to recover all or part of the cost of certain qualifying property, up to a dollar limit, by deducting it in the year you place the property in service. You can elect to expense the cost of qualifying property instead of recovering the cost by taking depreciation. To claim the expense in the first year, the property must be used more than 50% for business use, and meet the other requirements for expensing. One of those requirements is that the total cost of qualifying property you can deduct after you apply the dollar limit is limited to the taxable income from the active conduct of any trade or business during the year. Any cost not deductible in one year under section 179 because of the business income limit can be carried to the next year. For any taxable year beginning after 2002 and before 2006, a new law raised the aggregate cost that can be expensed under section 179 to $100,000 and also expanded the definition of Code section 179 property to include off-the-shelf computer software. See IRS site for Code Section 179 for the expanded definition. If you make a choice to depreciate the property you can claim in the placed-in service year of the property a special depreciation allowance for eligible property you acquired after September 10, 2001 and before January 1, 2005. The special depreciation is figured before you calculate your regular depreciation. To qualify for the special depreciation the property must: Be property that is depreciated generally under MACRS (Modified Accelerated Cost Recovery System) and that has a recovery period of 20 years or less. Property required to be depreciated under the straight-line method of the alternative depreciation system of MACRS generally is not eligible. Be property that is acquired by you after September 10, 2001 and before January 1, 2005. Be property that is placed in service by you before January 1, 2005. Be property the original use of which began with you after September 10, 2001. This means that the property is new property. For eligible property acquired after September 10, 2001, and before May 6, 2003, the special depreciation deduction is equal to 30% of the property's depreciable basis. For eligible property acquired after May 5, 2003 and before January 1, 2005, the special depreciation deduction is equal to 50% of the property's depreciable basis. If the property is acquired after May 5, 2003, but there was a written binding contract to acquire the property in effect before May 6, 2003, the property is not eligible for the 50% special depreciation. Also, if the property is acquired after May 5, 2003, but the original use of the property began before May 6, 2003, the property is not eligible for the 50% special depreciation. And, if you acquired the property before May 6, 2003, but placed the property in service after May 5, 2003, the property is not eligible for the 50% special depreciation. If the property is eligible for the 50% special depreciation deduction and you claim this 50% depreciation, you cannot claim the 30% special depreciation deduction for the property. However, you can elect to deduct the 30% (instead of 50%) special depreciation for property eligible for the 50% special depreciation deduction. These elections are made for an entire class of property (for example, 5-year property) instead of for each property. If your property is located within the New York Liberty Zone, there are different rules for special depreciation deduction. See Publication 946 , How to Depreciate Property for additional information on the special deduction. References: Publication 946 , How to Depreciate Property Publication 535 , Business Expenses We have incurred substantial repairs to our rental property: new roof, gutters, windows, furnace, and outside paint. What are the IRS rules concerning depreciation? Replacements of roof, rain gutters, windows, and furnace on a residential rental property are capital improvements to the structure because they materially add to the value of your property or substantially prolong its life. The items would be in the same class of property as the rental property to which they are attached. Since the property is residential rental property, the items are generally depreciated over a recovery period of 27.5 years using the straight line method of depreciation and a mid-month convention. Repairs, such as repainting the residential rental property, are currently deductible expenses. A repair keeps your property in good operating condition. It does not materially add to the value of your property or substantially prolong its life. Repainting your property inside or out, fixing gutters or floors, fixing leaks, plastering, and replacing broken windows are examples of repairs. If you make repairs as part of an extensive remodeling or restoration of your property, the whole job is an improvement. In that case, you should capitalize and depreciate the repair costs as the same class of property that you have restored or remodeled as discussed above. For more information, refer to Publication 527 , Residential Rental Property , and Publication 946 , How to Depreciate Property . References: Publication 527 , Residential Rental Property Publication 946 , How to Depreciate Property 11.2 Sale or Trade of Business, Depreciation, Rentals: Rental Expenses v Passive Activity Losses (PALs) I purchased a rental property last year. What closing costs can I deduct? The only deductible closing costs are those for interest, and deductible real estate taxes. Other settlement fees and closing costs for buying the property become additions to your basis in the property. These basis adjustments include: Abstract fees, Charges for installing utility services, Legal fees, Recording fees, Surveys, Transfer taxes, Title insurance, and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Fees related to obtaining a loan are capital expenses and should be amortized over the life of the loan. For additional information, refer to Publication 527 , Residential Rental Property, Publication 17 , Your Individual Income Tax Guide , and Publication 535 , Business Expenses . References: Publication 527 , Residential Rental Property Publication 17 , Your Individual Income Tax Guide Publication 535 , Business Expenses Can you deduct Private Mortgage Insurance (PMI) premiums on rental property? If so, which line item on Schedule E? Yes. You can deduct Private Mortgage Insurance premium on line 9 of Form 1040, Schedule E (PDF), Supplemental Income and Loss . Write "PMI" on the dotted line. References: Publication 527 , Residential Rental Property Form 1040, Schedule E (PDF), Supplemental Income and Loss Form 1040, Schedule E Instructions , Supplemental Income and Loss 11.3 Sale or Trade of Business, Depreciation, Rentals: Personal Use of Business Property (Condo, Timeshare, etc.) I rent my home out for two weeks each year. Do I have to show the income on my return? You must first consider if you use your dwelling as a home. You are considered to use a dwelling as a home if you use it for personal purposes during the tax year for more than the greater of 14 days or 10% of the total days it is rented to others at a fair rental price. It is possible that you will use more than one dwelling unit as a home during the year. For example, if you live in your main home for 11 months and in your vacation home for 30 days, your home is a dwelling unit and your vacation home is also a dwelling unit, unless you rent your vacation home to others at a fair rental value for more than 300 days during the year. There is a special rule if you use a dwelling as a home and rent it for fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental expenses. If you itemize your deduction on Form 1040, Schedule A (PDF), Itemized Deductions , you may be able to deduct mortgage interest, property taxes, and any casualty losses. For additional information, refer to Tax Topic 415 , Renting Vacation Property/Renting to Relatives and Publication 527 , Residential Rental Property (including Rental of Vacation Homes) . References: Form 1040, Schedule A (PDF), Itemized Deductions Tax Topic 415 , Renting Vacation Property/Renting to Relatives Publication 527 , Residential Rental Property (Including Rental of Vacation Homes). I am renting a house to my son and daughter-in-law. Can I claim rental expenses? In general, if you receive income from the rental of a dwelling unit, such as a house, apartment, or duplex, there are certain expenses you may deduct. Besides knowing which expenses may be deductible, it is important to understand potential limitations on the amounts of rental expenses that may be deducted in a tax year. There are several types of limitations that may apply. Passive Activity losses : In general, you can deduct passive activity losses only from passive activity income (a limit on loss deductions). You carry any excess loss forward to the following year or years until used, or until deducted in the year you dispose of your entire interest in the activity in a fully taxable transaction. There are several exceptions that may apply to the passive activity limitations. Refer to Publication 527 , Residential Rental Property and Publication 925 , Passive Activity and At-Risk Rules . At risk rules: The at-risk rules limit your losses from most activities to your amount at risk in the activity. You treat any loss that is disallowed because of the at-risk limits as a deduction from the same activity in the next tax year. If your losses from an at-risk activity are allowed, they are subject to recapture in later years if your amount at risk is reduced below zero. Refer to Publication 925 , Passive Activity and At-Risk Rules. Not for profit activities: If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Any rental expenses in excess of rental income cannot be carried forward to the next year. Refer to Publication 527 , Residential Rental Property and Publication 535 , Business Expenses . Rental of a dwelling unit: The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes (renting to a relative may be considered personal use even if they are paying you rent) depends on whether you use it as a home. Refer to Publication 527 , Residential Rental Property . Expenses in connection with rental of a dwelling unit for less than 15 days per year . Refer to Publication 527 , Residential Rental Property . References: Publication 527 , Residential Rental Property Tax Topic 414 , Rental Income and Expenses Tax Topic 415 , Renting Vacation Property/Renting to Relatives 11.4 Sale or Trade of Business, Depreciation, Rentals: Sales, Trades, Exchanges What form(s) do we need to fill out to report the sale of rental property? The gain or loss on the sale of rental property is reported on Form 4797 (PDF), Sale of Business Property . Form 1040, Schedule D (PDF), Capital Gains and Losses , is often used in conjunction with Form 4797. For further information, refer to Publication 544 , Sales on Other Disposition of Assets, Publication 550 , Investment Income and Expense , the Instructions to Form 4797 (PDF), Sale of Business Property , and the Instructions to Form 1040, Schedule D, Capital Gain and Losses . References: Form 4797 (PDF), Sale of Business Property Form 4797 Instructions Publication 544 , Sales and Other Dispositions of Assets Publication 550 , Investment Income and Expense Form 1040 Schedule D (PDF), Capital Gains and Losses We are selling rental property and have never claimed depreciation. What do we do about this when we file our taxes? When reporting the sale of or computing gain or loss on rental property, you are required to make an adjustment to your basis for allowable depreciation regardless of whether the deduction was taken. For more information refer to Publication 544 , Sales or Other Dispositions of Assets , and the Form 4797 Instructions , Sales of Business Property . You can claim the depreciation not taken for the rental property in the years before the year of sale. How to do this depends on when you placed in service the rental property. If you placed in service the rental property before calendar year 2003, you may amend your income tax returns for the years before the year of the sale by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deductions for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for two or more years before the year of sale, you must use Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for only the year immediately preceding the year of sale, you may amend your income tax return for that prior year by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deduction for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the prior year. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. References: Publication 544 , Sales or Other Dispositions of Assets Form 1040X (PDF), Amended U.S. Individual Income Tax Return Form 3115 (PDF), Application for Change in Accounting Method Form 3115 Instructions , Application for Accounting Method Form 4797 Instructions , Sales of Business Property Publication 527 , Residential Rental Property (including Vacation Homes) What forms do we file to report a loss on the sale of a rental property? The loss on the sale of rental property is reported on Form 4797 (PDF), (Sale of Business Property) as ordinary loss. References: Form 4797 (PDF), Sale of Business Property Publication 544 , Sales and Other Dispositions of Assets More Frequently Asked Tax Questions Accessibility | FirstGov.gov | Freedom of Information Act | Important Links | IRS Privacy Policy | U.S. Treasury

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Business for sale | Businesses For Sale | Buy a business or sell a business on BizBuySell for brokers listings by email find a buyer advertise about us site map With over 35,000 active businesses for sale, BizBuySell is the Internet's largest and most heavily trafficked business for sale exchange. Start here to buy an established business for sale. 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MONEY Magazine: Buying property with family or friends - Oct. 21, 2005 Web CNN/Money Home News Markets Technology Commentary Personal Finance Autos Real Estate Real Estate SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Buying property with family or friends Is it a blessing or a curse? The right due diligence makes all the difference. October 21, 2005: 4:10 PM EDT By Gerri Willis , MONEY Magazine Top things to know Are you ready? Lining up cash Picking a team The hunt Closing the deal For sellers only NEW YORK (MONEY Magazine) - John D. Rockefeller once said that "a friendship founded on business...is a good deal better than a business founded on friendship." He might have added: "Except in real estate." That's because some of the most successful real estate companies have started as alliances of friends and family. Orange County, Calif. megadeveloper the Irvine Company was created in the 19th century by James Irvine and his son. Donald Trump's dad Fred taught his Apprentice plenty about the family biz. Chicago real estate guru Sam Zell credits much of his success to his longtime partnership with his college pal, the late Robert Lurie. (Old John D.'s spawn didn't fare too badly either with a family venture in the 1930s called Rockefeller Center.) To be sure, if you're just starting a real estate project, you'll find it difficult to resist the temptation to bring in friends and family as partners and investors. After all, those are the people you know and probably trust the most. But how do you avoid the seemingly inevitable "Dallas"-style dramas? 1. Trust but verify Even if she's your sister or cousin, you should investigate a would-be partner's finances before doing business with her. Handy Web sites like Intelius.com and Public-records-now.com can help you unearth basic background info like tax liens or bankruptcy filings. Ask her to share a copy of her latest credit report. Talk to her former business associates. To avoid ill will, tell her from the get-go that you'll be prying -- and invite her to do the same with your background. If she balks, calmly explain that such precautions will only make for a stronger team, suggests Nicole McAllister of the University of Southern California's Lusk Center for Real Estate. "Remember, this is business." 2. Share a vision It's critical that you and your partners agree to common goals before you buy. Will you renovate that apartment house to a level that would make a Hyatt Regency manager blush? Or do you want to rent the property "as is"? Is the goal long-term cash flow or cashing out quickly? Many partnerships founder on these simple points. 3. Get it in writing Lawyers and their contracts can't prevent every calamity, but a written agreement -- think of it as a prenup before your partnership marriage -- can prevent headaches (and heartaches) for you and the family or friends who invest with you. At the very least, an operating agreement will force you to plan for the unexpected, including death, divorce or a change of mind. You must also spell out exactly what happens if one of your partners wants to sell. Establishing a contingency plan "gets everything on the table," says Philip Davis, a C.P.A. and principal at accounting firm Kauffman & Davis in Boston. "It's like going to a therapist." 4. Hire strangers Unbiased advice is essential for all involved. Brooklyn real estate broker Tammy Shaw knows plenty about the business, but she says she'd never have bought her brownstone with family without professionals at her side. "Build a team ahead of time -- an attorney, mortgage broker or banker, and contractor," she suggests. "They have to be people all of you feel comfortable with." 5. Be an open book Garry Klein, co-founder of real estate fund Highpoint Equities in Scarsdale, N.Y., knows both the hazards and huzzahs of working with friends and family. He started buying real estate nearly a decade ago with his buddy Jeff Gault; family members have been a big source of capital ever since. "The upside is that these people know you and know what you're about; they cut you more slack," he says. "The downside is these are people you're going to see at Thanksgiving dinner." Klein shares thorough, detailed investment results every six months. Ultimately, success depends on your own ability to find good deals and execute. Friends and family can make a newcomer feel more comfortable, but you'll need to adopt professional practices for your effort to really pay off. ____________________ Gerri Willis is host of CNN's Open House. Write her at real_assets@moneymail.com . For more articles on Real Estate, subscribe to MONEY Magazine . The Hot List Most profitable renovations How risky is your 401(k)? 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Texas Land Trust Directory Listing Maincontent Local Navigation print friendly search Regulations Publications Outdoor Learning Kids Game Warden Grants Get Involved Shop FAQ Calendar Español Experience Texas Fishing & Boating State Parks & Destinations Hunting & Wildlife Land & Water Doing Business Home Land & Water Land Private Tltc Dir List Texas Land Trusts About Texas Land Trusts Starting a Land Trust Texas Land Trust Directory Foreword Listing Regional Index About the Texas Land Trust Council ( TLTC ) TLTC Board of Directors and Honorary Council News 2004 TLTC Conference Speech Bulletin Board TLTC Publications Land Trust Resources Texas Land Trusts Top 1-Million Mark in Acres Conserved Texas Land Trust Directory Listing Land Trusts are listed below. Each title is a link to additional information about the Land Trust. American Farmland Trust (413) 586-4593 or (800) 370-4879 http://www.farmland.org Archaeological Conservancy (505) 266-1540 http://www.americanarchaeology.org Audubon Texas (512) 306-0225 http://www.tx.audubon.org/ Bat Conservation International (512) 327-9721 http://www.batcon.org Bexar Land Trust (210) 222-8430 http://www.bexarlandtrust.org Big Thicket Natural Heritage Trust (903) 566-8939 or (903) 566-0535 http://www.btatx.org Brazos Valley Land Conservancy (979) 764-3844 Cactus Conservation Institute (432) 364-2620 Cibolo Conservancy (210) 699-9290 Coastal Bend Land Trust (361) 882-5624 http://www.coastalbendlandtrust.org Connemara Conservancy (214) 351-0990 http://www.connemaraconservancy.org Conservation Fund (512) 477-1712 http://www.conservationfund.org Cradle of Texas Conservancy (979) 238-5001 Ducks Unlimited (832) 595-0663 http://www.ducks.org Frontera Land Alliance (915) 545-5214 Galveston Bay Foundation (281) 332-3381 http://www.galvbay.org Guadalupe-Blanco River Trust (830) 372-5077 http://www.gbrtrust.org Gulf Coast Bird Observatory (979) 480-0999 http://www.gcbo.org Hill Country Conservancy (512) 328-2481 http://www.hillcountryconservancy.org Hill Country Land Trust (830) 997-0027 Houston Audubon Society (713) 932-1639 http://www.houstonaudubon.org Hudspeth Directive for Conservation (505) 531-7246 Humane Society of the United States Wildlife Land Trust (301) 548-7735 http://www.hsus.org Katy Prairie Conservancy (713) 523-6135 http://www.katyprairie.org Legacy Land Trust (713) 524-2100 http://www.llt.org National Wild Turkey Federation (803) 637-3106 http://www.nwtf.org Native Prairies Association of Texas (254) 897-3646 http://www.texasprairie.org Natural Area Preservation Association (512) 804-1981 or (972) 234-5768 http://www.napa-texas.org Nature Conservancy of Texas (East Texas) (409) 941-9114 Nature Conservancy of Texas (Headquarters) (210) 224-8774 http://www.nature.org Nature Conservancy of Texas (North Texas) (903) 568-4139 Nature Conservancy of Texas (South Texas) (361) 882-3584 or (361) 887-9487 Nature Conservancy of Texas (West Texas) (432) 426-2390 Panhandle Land Trust (806) 374-5317 Pines and Prairies Land Trust (512) 308-1911 Rock Art Foundation (210) 525-9907 http://www.rockart.org Texas Cave Conservancy (512) 249-2283 Texas Cave Management Association (210) 699-1388 or (512) 832-1965 http://www.tcmacaves.org Texas Land Trust Council (512) 389-4779 or (512) 389-4961 http:..www.tpwd.state.tx.us/conserve/tltc/ Texas Ornithological Society (713) 743-0590 http://www.texasbirds.org Texas Parks and Recreation Foundation (972) 744-4595 Texas Parks and Wildlife Foundation (214) 720-1478 http://www.tpwf.org Trees For Houston (713) 840-8733 http://www.treesforhouston.org Trust for Public Land (Austin) (512) 478-4644 http://www.tpl.org Trust for Public Land (Dallas) (214) 741-3600 http://www.tpl.org Trust for Public Land (Houston/Galveston) (713) 226-7200 or (713) 703-1123 Valley Land Fund (956) 971-8550 http://www.valleylandfund.com Westcave Preserve (830) 825-3442 http://www.westcave.org Wetland Habitat Alliance of Texas (936) 569-9428 http://www.whatduck.org Wimberley Valley Watershed Association (512) 847-1582 http://www.visitwimberley.org/water/ Contact Us | Help | Accessibility | Media | Site Policies | Complaints | Intranet | State of Texas | TRAILS Search | TexasOnline | Compact with Texans Texas Parks and Wildlife Department , 4200 Smith School Road, Austin, TX 78744 Toll Free: (800) 792-1112, Austin: (512) 389-4800 Content of this site © Texas Parks and Wildlife Department unless otherwise noted. Last modified: July 29, 2005, 3:56 pm

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