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Subject Author Date
Rental income and loss question nickra 06-08-2007
Posted by nickra on June 8, 2007, 1:22 pm
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Ok, I have a home, I stay in it for 14-28 days a year. It is
not my legal residence. I have rented it out for 30 days. I
take that income and deduct 12 months of mortgage, interest,
maintenance and expenses to produce a loss? This true? And I
can deduct this loss against my job income, other rental
property profits, capital gains?

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Posted by joetaxpayer on June 12, 2007, 1:06 am
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nickra wrote:

> Ok, I have a home, I stay in it for 14-28 days a year. It is
> not my legal residence. I have rented it out for 30 days. I
> take that income and deduct 12 months of mortgage, interest,
> maintenance and expenses to produce a loss? This true? And I
> can deduct this loss against my job income, other rental
> property profits, capital gains?

To be treated as a business for tax-loss purposes, your use
of the property can't exceed 14 days or 10% of the days the
unit is rented during the year, whichever is greater. If you
stayed there 15 days, you are out of luck. You may have a
tough time claiming 'rental' if it was only rented for 30
days out of the whole year.

JOE

<< ------------------------------------------------------- >>
<< 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 Tim on June 12, 2007, 1:07 am
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> Ok, I have a home, I stay in it for 14-28 days a year. It is
> not my legal residence. I have rented it out for 30 days. I
> take that income and deduct 12 months of mortgage, interest,
> maintenance and expenses to produce a loss? This true? And I
> can deduct this loss against my job income, other rental
> property profits, capital gains?

No. It sounds like you would fail the personal use test
(e.g. you are personally using the property for more than 14
days or 10% of the rented days).

<< ------------------------------------------------------- >>
<< 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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