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How to account for the Loss on rental property

 

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Subject Author Date
How to account for the Loss on rental property Alex M 03-17-2008
Posted by Norm on March 18, 2008, 12:32 am
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> removeps-gro...@yahoo.com wrote:
>
> >> I own a rental home property and during 2007 I am having a net loss of 7K
> >> after accounting depreciation and other expenses. [...]
>
> > If you are a real estate professional (meaning you work around 15
> > hours a week or more on your property and a few other conditions), you
> > can deduct your loss in full.
>
> And you work no *more* than 15 hours week at any *other* job that is not
> real-estate related, and you materially participated.  Not all states
> conform to this rule.
>
> Working 15+ hours/week "on your property" would bother the tenants,
> wouldn't it?
>
> [...]
>
> > You only get the 500k exclusion if you lived in the house for 2 of the
> > last 5 years.  So if you lived there for 2 years, then rented it for 3
> > years, you're set.  Assuming your gains on the property are 600k, and
> > your disallowed loss over the 3 years is 50k, then your capital gain
> > on the house is 600k-500k=100k, and gain from Schedule E on line 17 is
> > negative 50k. [...]
>
> Don't forgot the up-to-25% gains tax on the unrecaptured sec. 1250 gain
> from depreciation allowed or allowable.
>
> -Mark Bole
>
> --
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Along the same subject line and relating to the sec 1250 gain.

Scenario: There was not active participation and the renter is not a
real estate professional so the $7K loss is not allowed. Of the $7K
loss, $6K was depreciation.
The following year the home is sold. Technically the $6K would have
to be recaptured as income. How can you use the disallowed loss to
offset the income? Seems tough to have to include depreciation as
income when it never was used (disallowed) to reduce the income in the
first place??


========================================= MODERATOR'S COMMENT:
Please trim away all extra text not needed in your reply.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by removeps-groups@yahoo.com on March 18, 2008, 4:41 am
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> Scenario: There was not active participation and the renter is not a
> real estate professional so the $7K loss is not allowed. Of the $7K
> loss, $6K was depreciation.
> The following year the home is sold. Technically the $6K would have
> to be recaptured as income. How can you use the disallowed loss to
> offset the income? Seems tough to have to include depreciation as
> income when it never was used (disallowed) to reduce the income in the
> first place??

Yeah, I totally forgot about depreciation.

Schedule E will have a loss of 7k, allowed because you are disposing
of the property, so it is transferred to Line 17 if 1040. Line 13
will be the capital gain which includes profit on the house minus the
allowable exclusion, plus the depreciation of 6k. So these are
balancing each other out: -7k (say you are in 25% tax bracket that
reduces your tax by 1.75k), 25% capital gains on 6k (increasing your
tax by 1.5k).

What if you sell the house at a loss? There is no loss for personal
residence, so I guess you still have a capital gain of 6k*0.25. But
if you didn't live in the house for 2 of the last 5 years, then you
could take a capital loss on the house. So the question is: if you
did live in the house 2 of the last 5 years, do you have to treat it
as a personal residence (because treating it as business property is
favorable if you are selling at a loss)?

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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