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Subject Author Date
Schedule E question Alex M 01-24-2008
Posted by Alex M on January 24, 2008, 7:25 pm
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My Ex and I rented our house during 2007 starting Jan 2007 and did not use
the house as our residence during 2007. We got divorced towards the end of
2007. Now we have a net income of $500 during 2007 after deducting all
expenses and taxes etc but without the depreication. Where should I indicate
on the Schedule E to indicate that this $500 is a joint income with each of
us accountable for $250 each.? Also is it necessary to take the
depreciation?
Thanks
VJ-

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Posted by Paul Thomas on January 24, 2008, 8:30 pm
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> My Ex and I rented our house during 2007 starting Jan 2007 and did not use
> the house as our residence during 2007. We got divorced towards the end of
> 2007. Now we have a net income of $500 during 2007 after deducting all
> expenses and taxes etc but without the depreication. Where should I
> indicate on the Schedule E to indicate that this $500 is a joint income
> with each of us accountable for $250 each.? Also is it necessary to take
> the depreciation



You should probably be filing a partnership return for 2007 for the rental
activity. You would split the net partnership profits via the K-1's
associated with that return.

Yes, go ahead and take depreciation.

Since it looks like you two still have the house, you'll need to do this
again for 2008.




--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- >>
<< 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 inky dink on January 24, 2008, 8:47 pm
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>
>> My Ex and I rented our house during 2007 starting Jan 2007 and did not
>> use the house as our residence during 2007. We got divorced towards the
>> end of 2007. Now we have a net income of $500 during 2007 after
>> deducting all expenses and taxes etc but without the depreication. Where
>> should I indicate on the Schedule E to indicate that this $500 is a joint
>> income with each of us accountable for $250 each.? Also is it necessary
>> to take the depreciation
>
>
>
> You should probably be filing a partnership return for 2007 for the rental
> activity. You would split the net partnership profits via the K-1's
> associated with that return.
>
> Yes, go ahead and take depreciation.
>
> Since it looks like you two still have the house, you'll need to do this
> again for 2008.

partnership return? I don't think that is necessary (see recent thread).

"go ahead and take the depreciation" - I am sure you did not intend this,
but that sounds rather optional. You MUST take the depreciation (well, you
don't HAVE to, but when it comes time to count your profits, the IRS will
treat it as if you did).

--
<< ------------------------------------------------------- >>
<< 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 Ron Rosenfeld on January 25, 2008, 4:47 pm
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On Fri, 25 Jan 2008 08:16:09 EST, "Paul Thomas, CPA"

>Is there a way two unrelated individuals can file their business/rental
>activity except as a partnership?

What about this statement from Pub 541:

"For example, co-ownership of property maintained and rented or leased is
not a partnership unless the co-owners provide services to the tenants."

--ron

--
<< ------------------------------------------------------- >>
<< 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 ebetts3 on January 24, 2008, 8:30 pm
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> My Ex and I rented our house during 2007 starting Jan 2007 and did not use
> the house as our residence during 2007. We got divorced towards the end of
> 2007.  Now we have a net income of $500 during 2007 after deducting all
> expenses and taxes etc but without the depreication. Where should I indicate
> on the Schedule E to indicate that this $500 is a joint income with each of
> us accountable for $250 each.? Also is it necessary to take the
> depreciation?
> Thanks
> VJ-
>
> --

Who has the property as a result of the divorce?

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