Yeend, Castaneda & Flynn, LLP

For most taxpayers, the income collected from renting property is reported on Schedule E, Supplemental Income and Loss

If two or more people jointly own rental property, they can elect to form a partnership that holds the property and passes the income through to them

A security deposit is not income to you when you recieve it if you plan on returning it to your tentant at the end of the lease

Once it is deteremined that you will not return the security deposit, it becomes taxable

If you apply the security deposit to the last month's rent, it is considered income when you receive it

If your tenant pays for canceling a lease, or pays for improvements to the property, the amount you receive is taxable as rental income

 

Can I deduct a loss on rental activity?

Rental activity is considered a passive activity

Generally, you may only deduct losses from a passive activity to the extent you have income from a passive activity

Losses from the rental of real estate are generally allowed provided you actively participate in the activity and you rent your property for a fair rental price.

Fair rent is determined by the location you live and what the market determines is a fair rent to charge

You actively participate in the rental activity if you manage the property, collect the rent and approve tenants

If that is the case, you may be allowed to deduct up to $25,000 in losses regardless if you have other passive income

 

What expenses are deductible?

There are many expenses that can be deducted from your rental income to arrive at your profit or loss. Expenses that can be deducted in the year you pay them include:

Mortgage Interest

Property Taxes

Insurance

Travel Expenses

Legal or professional fees

Utilities

Cleaning and maintenance fees

Repairs, including labor costs

Supplies

Pest control, lawn care and trash disposal

Credit checks for tenants

Management fees

 

Repairs vs. Improvements

How do you determine whether an expense is a deductible repair or an improvement?

The general rule is that an improvement adds to the value or life of the property

A repair keeps your property in good operating condition

It does not substantially add to the value of the property or prolong its life

 

Deductible repairs include:

Fixing broken windows and doors

Repainting inside or out

Fixing gutters and downspouts

Repairing leaky plumbing and fixtures

Replastering holes

 

Improvements

If you make repairs as part of an extensive remodeling or restoration project, the entire job is considered an improvement.

Additions

Landscaping, including fences, plants, driveways, walkways, etc.

Roof replacement

Door and window replacement

Security systems

Electrical wiring and plumbing

Insulation

Siding

Heating and cooling systems

Interior remodeling

Carpeting

Appliances

Improvements that you make to your rental property are depreciated over their class life

This means that the cost is recovered ratably over a specified number of years instead of deducted in full in the year you pay for them

Costs you incur for repairs are deducted currently

 

Refinancing your rental property

If you have owned your rental property for several years, there is a good chance you have built up some equity, or perhaps no longer have a mortgage on the property.

While this may be a good source of funds for other purchases, you need to know the rules.

If you refinance your property, the interest on the mortgage will be traced to the use of the proceeds.

Unless you use the proceeds for improving the rental property, or purchasing another rental property, you may be losing a deduction. For example, if you mortgage your rental property and use the proceeds to buy a personal residence, none of the interest you pay will be deductible.

The reasoning is that your new residence is not securing the debt, the rental property is securing the debt.

If you use the proceeds to purchase investment property, such as stocks or bonds, you will have an investment interest expense.

Investment interest is only deductible to the extent you have investment income.

If you purchase personal use assets, such as a car or boat, or use the proceeds to payoff a credit card, none of the interest is deductible.

Personal interest is never deductible

 

Selling or exchanging your rental property

When you sell your rental property, it is considered a sale of a business asset.

This means that any gain is a capital gain, subject to the more favorable capital gains tax rates.

If you have a loss on the sale of the property, you have an ordinary loss.

An ordinary loss is deducted in full against your other income.

You should keep accurate records of the improvements you make to your property, their cost, and when they were made.

All the improvements you make add to the basis of your property and will be needed in the event of a sale.

The more accurately you compute the basis, the more accurately you will compute your gain or loss.

A way to avoid paying tax on the gain from a sale of your rental property is to exchange it for another rental property.

Special rules apply to what is commonly referred to as a like-kind exchange.

To facilitate the transaction, you will need to locate a qualified intermediary, such as a realtor who specializes in like-kind exchanges.

If handled properly, you will not pay tax on any gain unless you receive cash or unlike property in addition to the new real estate.

 

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