Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/p527/2022/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 27 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 527 Cat. No. 15052W Contents What’s New . . . . . . . . . . . . . . . . . . 1 Department of the Residential Reminders . . . . . . . . . . . . . . . . . . . 2 Treasury Internal Introduction . . . . . . . . . . . . . . . . . . 2 Revenue Rental Service Chapter 1. Rental Income and Expenses (If No Personal Use Property of Dwelling) . . . . . . . . . . . . . . . 3 Rental Income . . . . . . . . . . . . . . 3 Rental Expenses . . . . . . . . . . . . . 3 (Including Rental of Chapter 2. Depreciation of Vacation Homes) Rental Property . . . . . . . . . . . . . 6 The Basics . . . . . . . . . . . . . . . . 6 Special Depreciation Allowance . . . . 8 MACRS Depreciation . . . . . . . . . . 8 For use in preparing Claiming the Correct Amount of Depreciation . . . . . . . . . . . . 12 Returns Chapter 3. Reporting Rental 2022 Income, Expenses, and Losses . . . . . . . . . . . . . . . . . 12 Which Forms To Use . . . . . . . . . 12 Limits on Rental Losses . . . . . . . . 12 At-Risk Rules . . . . . . . . . . . 13 Passive Activity Limits . . . . . . 13 Casualties and Thefts . . . . . . . . . 14 Example . . . . . . . . . . . . . . . . . 14 Chapter 4. Special Situations . . . . . . 15 Condominiums . . . . . . . . . . . . . 15 Cooperatives . . . . . . . . . . . . . . 15 Property Changed to Rental Use . . . 15 Renting Part of Property . . . . . . . . 16 Not Rented for Profit . . . . . . . . . . 16 Example—Property Changed to Rental Use . . . . . . . . . . . . . 16 Chapter 5. Personal Use of Dwelling Unit (Including Vacation Home) . . . . . . . . . . . . 17 Dividing Expenses . . . . . . . . . . . 17 Dwelling Unit Used as a Home . . . . 18 Reporting Income and Deductions . . . . . . . . . . . . . 19 Worksheet 5-1. Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home . . . . . . . . . . . . . . . . 20 Chapter 6. How To Get Tax Help . . . . 23 Index . . . . . . . . . . . . . . . . . . . . . 26 Future Developments For the latest information about developments related to Pub. 527, such as legislation enacted after it was published, go to IRS.gov/Pub527. Get forms and other information faster and easier at: What’s New • IRS.gov (English) • IRS.gov/Korean (한국어) Standard mileage rate. For 2022, the stand- • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) ard mileage rate for the cost of operating your • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) car, van, pickup, or panel truck between Janu- ary 1, 2022, to June 30, 2022, is 58.5 cents per Jan 27, 2023 |
Page 2 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. mile. The business standard mileage rate from deferred Social Security tax for more informa- 2008-10_IRB#RP-2008-16. For more informa- July 1, 2022, to December 31, 2022, is 62.5 tion about due dates and payment options. tion on like-kind exchanges, see chapter 1 of cents per mile. Photographs of missing children. The Inter- Pub. 544. Excess business loss limitation. If you re- nal Revenue Service is a proud partner with the port a loss on line 26, 32, 37, or 39 of your National Center for Missing & Exploited Comments and suggestions. We welcome Schedule E (Form 1040), you may be subject to Children® (NCMEC). Photographs of missing your comments about this publication and sug- a business loss limitation. The disallowed loss children selected by the Center may appear in gestions for future editions. resulting from the limitation will not be reflected this publication on pages that would otherwise You can send us comments through on line 26, 32, 37, or 39 of your Schedule E. In- be blank. You can help bring these children IRS.gov/FormComments. Or, you can write to stead, use Form 461 to determine the amount home by looking at the photographs and calling the Internal Revenue Service, Tax Forms and of your excess business loss, which will be in- 1-800-THE-LOST (1-800-843-5678) if you rec- Publications, 1111 Constitution Ave. NW, cluded as income on Schedule 1 (Form 1040), ognize a child. IR-6526, Washington, DC 20224. line 8p. Any disallowed loss resulting from this Although we can’t respond individually to limitation will be treated as a net operating loss each comment received, we do appreciate your that must be carried forward and deducted in a Introduction feedback and will consider your comments and subsequent year. Do you own a second house that you rent out suggestions as we revise our tax forms, instruc- See Form 461 and its instructions for details all the time? Do you own a vacation home that tions, and publications. Don’t send tax ques- on the excess business loss limitation. you rent out when you or your family isn't using tions, tax returns, or payments to the above ad- Section 179 deduction dollar limits. For tax it? dress. years beginning in 2022, the maximum section These are two common types of residential Getting answers to your tax questions. 179 expense deduction is $1,080,000. This limit rental activities discussed in this publication. In If you have a tax question not answered by this is reduced by the amount by which the cost of most cases, all rental income must be reported publication or the How To Get Tax Help section section 179 property placed in service during on your tax return, but there are differences in at the end of this publication, go to the IRS In- the tax year exceeds $2,700,000. the expenses you are allowed to deduct and in teractive Tax Assistant page at IRS.gov/ the way the rental activity is reported on your re- Help/ITA where you can find topics by using the Form 7205, Energy Efficient Commercial turn. search feature or viewing the categories listed. Buildings Deduction. This new form and its Chapter 1 discusses rental-for-profit activity separate instructions are used to claim the IRC in which there is no personal use of the prop- Getting tax forms, instructions, and pub- 179D deduction for qualifying energy efficient erty. It examines some common types of rental lications. Go to IRS.gov/Forms to download commercial building expense(s). income and when each is reported, as well as current and prior-year forms, instructions, and Qualified paid sick leave and qualified paid some common types of expenses and which publications. family leave payroll tax credit. The amount are deductible. of any payroll tax credit taken by an employer Chapter 2 discusses depreciation as it ap- Ordering tax forms, instructions, and for qualified paid sick leave and qualified paid plies to your rental real estate activity—what publications. Go to IRS.gov/OrderForms to family leave under the Families First Coronavi- property can be depreciated and how much it order current forms, instructions, and publica- rus Response Act (FFCRA) and the American can be depreciated. tions; call 800-829-3676 to order prior-year Rescue Plan Act (ARP) must be included in in- Chapter 3 covers the reporting of your rental forms and instructions. The IRS will process come. See Form 941, lines 11b, 11d, 13c, and income and deductions, including casualties your order for forms and publications as soon 13e; and Form 944, lines 8b, 8d, 10d, and 10f. and thefts, limitations on losses, and claiming as possible. Don’t resubmit requests you’ve al- You must include the full amount (both the re- the correct amount of depreciation. ready sent us. You can get forms and publica- fundable and nonrefundable portions) of the Chapter 4 discusses special rental situa- tions faster online. credit for qualified sick and family leave wages tions. These include condominiums, coopera- in gross income on line 3 or 4, as applicable, for tives, property changed to rental use, renting Useful Items the tax year that includes the last day of any cal- only part of your property, and a not-for-profit You may want to see: endar quarter with respect to which a credit is rental activity. allowed. Chapter 5 discusses the rules for rental in- Publication come and expenses when there is also per- 463 Note. A credit is available only if the leave sonal use of the dwelling unit, such as a vaca- 463 Travel, Gift, and Car Expenses was taken after March 31, 2020, and before Oc- tion home. 523 523 Selling Your Home tober 1, 2021, and only after the qualified leave Finally, chapter 6 explains how to get tax 534 534 Depreciating Property Placed in wages were paid, which might, under certain help from the IRS. circumstances, not occur until a quarter after Service Before 1987 September 30, 2021, including quarters during Sale or exchange of rental property. For in- 535 535 Business Expenses 2022. Accordingly, all lines related to qualified formation on how to figure and report any gain sick and family leave wages remain on the em- or loss from the sale, exchange, or other dispo- 544 544 Sales and Other Dispositions of ployment tax returns for 2022. sition of your rental property, see Pub. 544. Assets 547 Sale of main home used as rental prop- 547 Casualties, Disasters, and Thefts erty. For information on how to figure and re- 551 551 Basis of Assets port any gain or loss from the sale or other dis- Reminders position of your main home that you also used 925 925 Passive Activity and At-Risk Rules Net Investment Income Tax (NIIT). You may as rental property, see Pub. 523. 946 946 How To Depreciate Property be subject to the NIIT. NIIT is a 3.8% tax on the lesser of net investment income or the excess Tax-free exchange of rental property oc- of modified adjusted gross income (MAGI) over casionally used for personal purposes. If Form (and Instructions) the threshold amount. Net investment income you meet certain qualifying use standards, you 461 461 Excess Business Loss Limitation may include rental income and other income may qualify for a tax-free exchange (a like-kind 4562 4562 Depreciation and Amortization from passive activities. Use Form 8960 to figure or section 1031 exchange) of one piece of this tax. For more information on NIIT, go to rental property you own for a similar piece of 5213 5213 Election To Postpone Determination IRS.gov/NIIT. rental property, even if you have used the rental as To Whether the Presumption property for personal purposes. Applies That an Activity Is Engaged Self-employed tax payments deferred from For information on the qualifying use stand- in for Profit 2020. If you elected to defer self-employed tax ards, see Revenue Procedure 2008-16, 7205 7205 Energy Efficient Commercial payments from 2020, see How self-employed 2008-10 I.R.B. 547, available at IRS.gov/irb/ individuals and household employers repay Buildings Deduction Page 2 Publication 527 (2022) |
Page 3 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 8582 8582 Passive Activity Loss Limitations about when you constructively receive income curity deposit during any year because your 8960 8960 Net Investment Income and accrual methods of accounting. tenant doesn’t live up to the terms of the lease, Tax—Individuals, Estates, and Trusts include the amount you keep in your income in that year. Schedule E (Form 1040) Schedule E (Form 1040) Supplemental Types of Income If an amount called a security deposit is to Income and Loss be used as a final payment of rent, it is advance The following are common types of rental in- rent. Include it in your income when you receive come. it. Advance rent. Advance rent is any amount you receive before the period that it covers. In- Other Sources of Rental Income clude advance rent in your rental income in the 1. year you receive it regardless of the period cov- Lease with option to buy. If the rental agree- ered or the method of accounting you use. ment gives your tenant the right to buy your rental property, the payments you receive under Example. On March 18, 2022, you signed the agreement are generally rental income. If Rental Income a 10-year lease to rent your property. During your tenant exercises the right to buy the prop- 2022, you received $9,600 for the first year's erty, the payments you receive for the period af- rent and $9,600 as rent for the last year of the ter the date of sale are considered part of the and Expenses (If lease. You must include $19,200 in your rental selling price. income in 2022. Part interest. If you own a part interest in No Personal Use Canceling a lease. If your tenant pays you to rental property, you must report your part of the cancel a lease, the amount you receive is rent. rental income from the property. of Dwelling) Include the payment in your rental income in the year you receive it regardless of your method of Rental of property also used as your home. This chapter discusses the various types of accounting. If you rent property that you also use as your home and you rent it less than 15 days during rental income and expenses for a residential the tax year, don’t include the rent you receive rental activity with no personal use of the dwell- Expenses paid by tenant. If your tenant pays ing. Generally, each year, you will report all in- any of your expenses, those payments are in your income. Also, expenses from this activ- come and deduct all out-of-pocket expenses in rental income. Because you must include this ity are not considered rental expenses. For full. The deduction to recover the cost of your amount in income, you can also deduct the ex- more information, see Used as a home but ren- rental property—depreciation—is taken over a penses if they are deductible rental expenses. ted less than 15 days under Reporting Income prescribed number of years, and is discussed in For more information, see Rental Expenses, and Deductions in chapter 5. chapter 2. later. If your rental income is from property Example 1. Your tenant pays the water and Rental Expenses ! you also use personally or rent to sewage bill for your rental property and deducts CAUTION someone at less than a fair rental price, the amount from the normal rent payment. Un- In most cases, the expenses of renting your first read chapter 5. der the terms of the lease, your tenant doesn’t property, such as maintenance, insurance, have to pay this bill. Include the utility bill paid taxes, and interest, can be deducted from your by the tenant and any amount received as a rental income. rent payment in your rental income. You can de- Rental Income duct the utility payment made by your tenant as Personal use of rental property. If you a rental expense. sometimes use your rental property for personal In most cases, you must include in your gross purposes, you must divide your expenses be- income all amounts you receive as rent. Rental Example 2. While you are out of town, the tween rental and personal use. Also, your rental income is any payment you receive for the use furnace in your rental property stops working. expense deductions may be limited. See chap- or occupation of property. It isn’t limited to Your tenant pays for the necessary repairs and ter 5. amounts you receive as normal rental pay- deducts the repair bill from the rent payment. In- ments. clude the repair bill paid by the tenant and any Part interest. If you own a part interest in amount received as a rent payment in your rental property, you can deduct expenses you When To Report rental income. You can deduct the repair pay- paid according to your percentage of owner- ment made by your tenant as a rental expense. ship. When you report rental income on your tax re- turn generally depends on whether you are a Property or services. If you receive property Example. Roger owns a one-half undivided cash or an accrual basis taxpayer. Most individ- or services as rent, instead of money, include interest in a rental house. Last year, he paid ual taxpayers use the cash method. the fair market value (FMV) of the property or $968 for necessary repairs on the property. services in your rental income. Roger can deduct $484 (50% (0.50) × $968) as Cash method. You are a cash basis taxpayer If the services are provided at an agreed a rental expense. He is entitled to reimburse- if you report income on your return in the year upon or specified price, that price is the FMV ment for the remaining half from the co-owner. you actually or constructively receive it, regard- unless there is evidence to the contrary. less of when it was earned. You constructively When To Deduct receive income when it is made available to Example. Your tenant is a house painter. you, for example, by being credited to your He offers to paint your rental property instead of You generally deduct your rental expenses in bank account. paying 2 months rent. You accept his offer. the year you pay them. Include in your rental income the amount the Accrual method. If you are an accrual basis tenant would have paid for 2 months rent. You If you use the accrual method, see Pub. 538 taxpayer, you generally report income when can deduct that same amount as a rental ex- for more information. you earn it, rather than when you receive it. You pense for painting your property. generally deduct your expenses when you incur them, rather than when you pay them. Security deposits. Don’t include a security deposit in your income when you receive it if More information. See Pub. 538, Accounting you plan to return it to your tenant at the end of Periods and Methods, for more information the lease. But if you keep part or all of the se- Chapter 1 Rental Income and Expenses (If No Personal Use of Dwelling) Page 3 |
Page 4 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Types of Expenses Legal and other professional fees. You can Travel expenses. You can deduct the ordi- deduct, as a rental expense, legal and other nary and necessary expenses of traveling away Listed below are the most common rental ex- professional expenses such as tax return prep- from home if the primary purpose of the trip is to penses. aration fees you paid to prepare Schedule E, collect rental income or to manage, conserve, • Advertising. Part I. For example, on your 2022 Schedule E, or maintain your rental property. You must prop- • Auto and travel expenses. you can deduct fees paid in 2022 to prepare erly allocate your expenses between rental and • Cleaning and maintenance. Part I of your 2021 Schedule E. You can also nonrental activities. You can’t deduct the cost of • Commissions. deduct, as a rental expense, any expense traveling away from home if the primary pur- • Depreciation. (other than federal taxes and penalties) you pose of the trip is to improve the property. The • Insurance. paid to resolve a tax underpayment related to cost of improvements is recovered by taking • Interest (other). your rental activities. depreciation. For information on travel expen- • Legal and other professional fees. ses, see chapter 1 of Pub. 463. • Local transportation expenses. Local benefit taxes. In most cases, you can’t • Management fees. deduct charges for local benefits that increase To deduct travel expenses, you must • Mortgage interest paid to banks, etc. the value of your property, such as charges for keep records that follow the rules in • Points. putting in streets, sidewalks, or water and RECORDS chapter 5 of Pub. 463. • Rental payments. sewer systems. These charges are nondepreci- • Repairs. able capital expenditures and must be added to Uncollected rent. If you are a cash basis tax- • Taxes. the basis of your property. However, you can payer, don’t deduct uncollected rent. Because • Utilities. deduct local benefit taxes that are for maintain- you haven’t included it in your income, it’s not ing, repairing, or paying interest charges for the deductible. Some of these expenses, as well as other less benefits. If you use an accrual method, report income common ones, are discussed below. when you earn it. If you are unable to collect the Local transportation expenses. You may be rent, you may be able to deduct it as a business Depreciation. Depreciation is a capital ex- able to deduct your ordinary and necessary lo- bad debt. See chapter 10 of Pub. 535 for more pense. It is the mechanism for recovering your cal transportation expenses if you incur them to information about business bad debts. cost in an income-producing property and must collect rental income or to manage, conserve, be taken over the expected life of the property. or maintain your rental property. However, Vacant rental property. If you hold property You can begin to depreciate rental property transportation expenses incurred to travel be- for rental purposes, you may be able to deduct when it is ready and available for rent. See tween your home and a rental property gener- your ordinary and necessary expenses (includ- Placed in Service under When Does Deprecia- ally constitute nondeductible commuting costs ing depreciation) for managing, conserving, or tion Begin and End? in chapter 2. unless you use your home as your principal maintaining the property while the property is place of business. See Pub. 587, Business Use vacant. However, you can’t deduct any loss of Insurance premiums paid in advance. If you of Your Home, for information on determining if rental income for the period the property is va- pay an insurance premium for more than 1 year your home office qualifies as a principal place of cant. in advance, you can’t deduct the total premium business. in the year you pay it. For each year of cover- Generally, if you use your personal car, Vacant while listed for sale. If you sell age, you can deduct only the part of the pre- pickup truck, or light van for rental activities, you property you held for rental purposes, you can mium payment that applies to that year. See can deduct the expenses using one of two deduct the ordinary and necessary expenses chapter 6 of Pub. 535 for information on deduc- methods: actual expenses or the standard mile- for managing, conserving, or maintaining the tible premiums. age rate. For 2022, the standard mileage rate property until it is sold. If the property isn’t held for business use is 58.5 cents per mile from out and available for rent while listed for sale, Interest expense. You can deduct mortgage January 1, 2022, to June 30, 2022. From July 1, the expenses aren’t deductible rental expenses. interest you pay on your rental property. When 2022, to December 31, 2022, the standard mile- you refinance a rental property for more than age rate for business use is 62.5 cents per mile. Points the previous outstanding balance, the portion of For more information, see chapter 4 of Pub. the interest allocable to loan proceeds not rela- 463. The term “points” is often used to describe ted to rental use generally can’t be deducted as some of the charges paid, or treated as paid, by a rental expense. Chapter 4 of Pub. 535 ex- To deduct car expenses under either a borrower to take out a loan or a mortgage. plains mortgage interest in detail. method, you must keep records that These charges are also called loan origination RECORDS follow the rules in chapter 5 of Pub. Expenses paid to obtain a mortgage. 463. In addition, you must complete Form 4562, fees, maximum loan charges, or premium Certain expenses you pay to obtain a mortgage Part V, and attach it to your tax return. charges. Any of these charges (points) that are on your rental property can’t be deducted as in- solely for the use of money are interest. Be- terest. These expenses, which include mort- cause points are prepaid interest, you generally gage commissions, abstract fees, and record- Pre-rental expenses. You can deduct your or- can’t deduct the full amount in the year paid, but ing fees, are capital expenses that are part of dinary and necessary expenses for managing, must deduct the interest over the term of the your basis in the property. conserving, or maintaining rental property from loan. the time you make it available for rent. Form 1098, Mortgage Interest State- The method used to figure the amount of ment. If you paid $600 or more of mortgage in- Rental of equipment. You can deduct the rent points you can deduct each year follows the terest on your rental property to any one per- you pay for equipment that you use for rental original issue discount (OID) rules. In this case, son, you should receive a Form 1098 or similar purposes. However, in some cases, lease con- points are equivalent to OID, which is the differ- statement showing the interest you paid for the tracts are actually purchase contracts. If so, you ence between: year. If you and at least one other person (other can’t deduct these payments. You can recover • Stated redemption price at maturity (gener- than your spouse if you file a joint return) were the cost of purchased equipment through de- ally the stated principal amount or amount liable for, and paid interest on, the mortgage, preciation. borrowed) over and the other person received the Form 1098, • Issue price (generally the proceeds). report your share of the interest on Schedule E Rental of property. You can deduct the rent (Form 1040), line 13. Attach a statement to your you pay for property that you use for rental pur- If the difference is equal to or less than zero, return showing the name and address of the poses. If you buy a leasehold for rental purpo- the amount of OID is zero. other person. On the dotted line next to line 13, ses, you can deduct an equal part of the cost enter “See attached.” each year over the term of the lease. The first step is to determine whether your total OID (which you may have on bonds or other investments in addition to the mortgage Page 4 Chapter 1 Rental Income and Expenses (If No Personal Use of Dwelling) |
Page 5 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. loan), including the OID resulting from the your lender. If you don’t have this information, be deductible over the term of the new mort- points, is insignificant or de minimis. If the OID consult your lender or tax advisor. In general, gage or loan. isn’t de minimis, you must use the con- the YTM is the discount rate that, when used in stant-yield method to figure how much you can computing the present value of all principal and Points when loan refinance is more than deduct. interest payments, produces an amount equal the previous outstanding balance. When to the principal amount of the loan. you refinance a rental property for more than De minimis OID. The OID is de minimis if it is the previous outstanding balance, the portion of less than one-fourth of 1% (0.0025) of the sta- Qualified stated interest (QSI). In gen- the points allocable to loan proceeds not rela- ted redemption price at maturity (principal eral, this is the stated interest that is uncondi- ted to rental use generally can’t be deducted as amount of the loan) multiplied by the number of tionally payable in cash or property (other than a rental expense. full years from the date of original issue to ma- another loan of the issuer) at least annually over turity (term of the loan). the term of the loan at a fixed rate. Example. Charles refinanced a loan with a If the OID is de minimis, you can choose one balance of $100,000. The amount of the new of the following ways to figure the amount of Example—Year 1. The facts are the same loan was $120,000. Charles used the additional points you can deduct each year. as in the previous example. The YTM on Carol's $20,000 to purchase a car. The points allocable • On a constant-yield basis over the term of loan is 10.2467%, compounded annually. to the $20,000 would be treated as nondeducti- the loan. She figured the amount of points (OID) she ble personal interest. • On a straight line basis over the term of the could deduct in 2022 as follows. loan. Repairs and Improvements • In proportion to stated interest payments. Principal amount of the loan . . . . . . . . . . $100,000 • In its entirety at maturity of the loan. Minus: Points (OID) . . . . . . . . . . . . . . . . – 1,500 Generally, an expense for repairing or maintain- Issue price of the loan . . . . . . . . . . . . . . $ 98,500 You make this choice by deducting the OID Multiplied by: YTM . . . . . . . . . . . . . . . . × 0.102467 ing your rental property may be deducted if you aren’t required to capitalize the expense. (points) in a manner consistent with the method Total . . . . . . . . . . . . . . . . . . . . . . . . . . 10,093 chosen on your timely filed tax return for the tax Minus: QSI . . . . . . . . . . . . . . . . . . . . . . – 10,000 Improvements. You must capitalize any ex- year in which the loan is issued. Points (OID) deductible in 2022. . . . $ 93 pense you pay to improve your rental property. An expense is for an improvement if it results in Example. Carol took out a $100,000 mort- To figure your deduction in any subsequent a betterment to your property, restores your gage loan on January 1, 2022, to buy a house year, you start with the adjusted issue price. To property, or adapts your property to a new or she will use as a rental during 2022. The loan is get the adjusted issue price, add to the issue different use. Table 1-1 shows examples of to be repaid over 30 years. During 2022, Carol price figured in Year 1 any OID previously de- many improvements. paid $10,000 of mortgage interest (stated inter- ducted. Then, follow steps (2) and (3), earlier. est) to the lender. When the loan was made, Betterments. Expenses that may result in she paid $1,500 in points to the lender. The Example—Year 2. Carol figured the de- a betterment to your property include expenses points reduced the principal amount of the loan duction for 2023 as follows. for fixing a pre-existing defect or condition, en- from $100,000 to $98,500, resulting in $1,500 larging or expanding your property, or increas- of OID. Carol determines that the points (OID) Issue price . . . . . . . . . . . . . . . . . . . . . . $98,500 ing the capacity, strength, or quality of your she paid are de minimis based on the following Plus: Points (OID) deducted property. computation. in 2022 . . . . . . . . . . . . . . . . . . . . . . . + 93 Adjusted issue price . . . . . . . . . . . . . . . $98,593 Restoration. Expenses that may be for re- Redemption price at maturity (principal Multiplied by: YTM . . . . . . . . . . . . . . . . × 0.102467 storation include expenses for replacing a sub- amount of the loan) . . . . . . . . . . . . . . . $100,000 Total . . . . . . . . . . . . . . . . . . . . . . . . . . 10,103 stantial structural part of your property, repairing Multiplied by: The term of the Minus: QSI . . . . . . . . . . . . . . . . . . . . . . – 10,000 damage to your property after you properly ad- loan in complete years . . . . . . . . . . . . × 30 Points (OID) deductible in 2023. . . . $ 103 justed the basis of your property as a result of a Multiplied by . . . . . . . . . . . . . . . . . . . . . × 0.0025 casualty loss, or rebuilding your property to a De minimis amount. . . . . . . . . . . . $ 7,500 like-new condition. Loan or mortgage ends. If your loan or mort- The points (OID) she paid ($1,500) are less gage ends, you may be able to deduct any re- Adaptation. Expenses that may be for than the de minimis amount ($7,500). There- maining points (OID) in the tax year in which the adaptation include expenses for altering your fore, Carol has de minimis OID and she can loan or mortgage ends. A loan or mortgage may property to a use that isn’t consistent with the choose one of the four ways discussed earlier end due to a refinancing, prepayment, foreclo- intended ordinary use of your property when to figure the amount she can deduct each year. sure, or similar event. However, if the refinanc- you began renting the property. Under the straight line method, she can deduct ing is with the same lender, the remaining $50 each year for 30 years. points (OID) generally aren’t deductible in the De minimis safe harbor for tangible year in which the refinancing occurs, but may property. If you elect this de minimis safe Constant-yield method. If the OID isn’t de minimis, you must use the constant-yield Table 1-1. Examples of Improvements method to figure how much you can deduct each year. Additions Miscellaneous Plumbing You figure your deduction for the first year in Bedroom Storm windows, doors Septic system the following manner. Bathroom New roof Water heater 1. Determine the issue price of the loan. If Deck Central vacuum Soft water system you paid points on the loan, the issue price Garage Wiring upgrades Filtration system is generally the difference between the Porch Satellite dish principal and the points. Patio Security system Interior Improvements 2. Multiply the result in (1) by the yield to ma- Built-in appliances turity (defined later). Lawn & Grounds Heating & Air Conditioning Kitchen modernization Landscaping Heating system Flooring 3. Subtract any qualified stated interest pay- Driveway Central air conditioning Wall-to-wall carpeting ments (defined later) from the result in (2). Walkway Furnace This is the OID you can deduct in the first Fence Duct work Insulation year. Retaining wall Central humidifier Attic Yield to maturity (YTM). This rate is gen- Sprinkler system Filtration system Walls, floor erally shown in the literature you receive from Swimming pool Pipes, duct work Chapter 1 Rental Income and Expenses (If No Personal Use of Dwelling) Page 5 |
Page 6 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. harbor for your rental activity for the tax year, straight line method (same deduction each depreciated. You may, however, be able to de- you aren’t required to capitalize the de minimis year). preciate certain land preparation costs if the costs of acquiring or producing certain real and The prescribed depreciation methods for costs are so closely associated with other de- tangible personal property and may deduct rental real estate aren’t accelerated, so the de- preciable property that you can determine a life these amounts as rental expenses on line 19 of preciation deduction isn’t adjusted for the AMT. for them along with the life of the associated Schedule E. For more information on electing However, accelerated methods are generally property. and using the de minimis safe harbor for tangi- used for other property connected with rental ble property, see chapter 1 of Pub. 535. activities (for example, appliances and Example. You built a new house to use as wall-to-wall carpeting). a rental and paid for grading, clearing, seeding, Safe harbor for routine maintenance. If and planting bushes and trees. Some of the you determine that your cost was for an im- To find out if you are subject to the AMT, provement to a building or equipment, you may see the Instructions for Form 6251. bushes and trees were planted right next to the house, while others were planted around the still be able to deduct your cost under the rou- outer border of the lot. If you replace the house, tine maintenance safe harbor. See Pub. 535 for you would have to destroy the bushes and trees more information. The Basics right next to it. These bushes and trees are closely associated with the house, so they have Separate the costs of repairs and im- The following section discusses the information a determinable useful life. Therefore, you can RECORDS cords. You will need to know the cost provements, and keep accurate re- you will need to have about the rental property depreciate them. Add your other land prepara- and the decisions to be made before figuring tion costs to the basis of your land because of improvements when you sell or depreciate your depreciation deduction. they have no determinable life and you can’t de- your property. preciate them. The expenses you capitalize for improving What Rental Property Can Be your property can generally be depreciated as if Depreciated? Excepted property. Even if the property meets all the requirements listed earlier under the improvement were separate property. What Rental Property Can Be Depreciated, you You can depreciate your property if it meets all can’t depreciate the following property. the following requirements. • Property placed in service and disposed of • You own the property. (or taken out of business use) in the same • You use the property in your business or year. income-producing activity (such as rental • Equipment used to build capital improve- property). ments. You must add otherwise allowable 2. • The property has a determinable useful depreciation on the equipment during the life. period of construction to the basis of your • The property is expected to last more than improvements. 1 year. Depreciation of For more information, see chapter 1 of Pub. Property you own. To claim depreciation, you 946. must usually be the owner of the property. You Rental Property are considered to be the owner of the property When Does Depreciation even if it’s subject to a debt. You recover the cost of income-producing prop- Begin and End? erty through yearly tax deductions. You do this Rented property. Generally, if you pay rent by depreciating the property; that is, by deduct- for property, you can’t depreciate that property. You begin to depreciate your rental property ing some of the cost each year on your tax re- Usually, only the owner can depreciate it. How- when you place it in service for the production turn. ever, if you make permanent improvements to of income. You stop depreciating it either when leased property, you may be able to depreciate you have fully recovered your cost or other ba- Three factors determine how much depreciation the improvements. See Additions or improve- sis, or when you retire it from service, whichever you can deduct each year: (1) your basis in the ments to property, later in this chapter, under happens first. property, (2) the recovery period for the prop- Recovery Periods Under GDS. erty, and (3) the depreciation method used. You Placed in Service can’t simply deduct your mortgage or principal Cooperative apartments. If you are a ten- payments, or the cost of furniture, fixtures, and ant-stockholder in a cooperative housing corpo- equipment, as an expense. ration and rent your cooperative apartment to You place property in service in a rental activity others, you can depreciate your stock in the when it is ready and available for a specific use You can deduct depreciation only on the part of corporation. See chapter 4. in that activity. Even if you aren’t using the prop- your property used for rental purposes. Depre- erty, it is in service when it is ready and availa- ciation reduces your basis for figuring gain or Property having a determinable useful life. ble for its specific use. loss on a later sale or exchange. To be depreciable, your property must have a determinable useful life. This means that it must Example 1. On November 22 of last year, You may have to use Form 4562 to figure and be something that wears out, decays, gets used you purchased a dishwasher for your rental report your depreciation. See Which Forms To up, becomes obsolete, or loses its value from property. The appliance was delivered on De- Use in chapter 3. Also, see Pub. 946. natural causes. cember 7, but wasn’t installed and ready for use until January 3 of this year. Because the dish- Section 179 deduction. The section 179 de- washer wasn’t ready for use last year, it isn’t duction is a means of recovering part or all of What Rental Property Can’t Be considered placed in service until this year. the cost of certain qualifying property in the year Depreciated? If the appliance had been installed and you place the property in service. It is separate ready for use when it was delivered in Decem- from your depreciation deduction. See chap- Certain property can’t be depreciated. This in- ber of last year, it would have been considered ter 2 of Pub. 946 for more information about cludes land and certain excepted property. placed in service in December, even if it wasn’t claiming this deduction. actually used until this year. Land. You can’t depreciate the cost of land be- Alternative minimum tax (AMT). If you use cause land generally doesn’t wear out, become Example 2. On April 6, you purchased a accelerated depreciation, you may be subject to obsolete, or get used up. But if it does, the loss house to use as residential rental property. You the AMT. Accelerated depreciation allows you is accounted for upon disposition. The costs of made extensive repairs to the house and had it to deduct more depreciation earlier in the recov- clearing, grading, planting, and landscaping are ready for rent on July 5. You began to advertise ery period than you could deduct using a usually all part of the cost of land and can’t be the house for rent in July and actually rented it Page 6 Chapter 2 Depreciation of Rental Property |
Page 7 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. beginning September 1. The house is consid- If you placed rental property in service be- debt obligation, in other property, or in services. ered placed in service in July when it was ready fore 1987, you are using one of the following Your cost also includes amounts you pay for: and available for rent. You can begin to depreci- methods. • Sales tax charged on the purchase (but ate the house in July. • Accelerated Cost Recovery System see Exception next), (ACRS) for property placed in service after • Freight charges to obtain the property, and Example 3. You moved from your home in 1980 but before 1987. • Installation and testing charges. July. During August and September, you made • Straight line or declining balance method several repairs to the house. On October 1, you over the useful life of property placed in Exception. If you deducted state and local listed the property for rent with a real estate service before 1981. general sales taxes as an itemized deduction on Schedule A (Form 1040), don’t include as company, which rented it on December 1. The See MACRS Depreciation, later, for more infor- part of your cost basis the sales taxes you de- property is considered placed in service on Oc- mation. ducted. Such taxes were deductible before tober 1, the date when it was available for rent. 1987 and after 2003. Rental property placed in service before Conversion to business use. If you place 2022. Continue to use the same method of fig- Loans with low or no interest. If you buy property in service in a personal activity, you uring depreciation that you used in the past. property on any payment plan that charges little can’t claim depreciation. However, if you or no interest, the basis of your property is your change the property's use to business or the Use of real property changed. Generally, stated purchase price, less the amount consid- production of income, you can begin to depreci- you must use MACRS to depreciate real prop- ered to be unstated interest. See Unstated In- ate it at the time of the change. You place the erty that you acquired for personal use before terest and Original Issue Discount (OID) in Pub. property in service for business or income-pro- 1987 and changed to business or income-pro- 537, Installment Sales. ducing use on the date of the change. ducing use after 1986. This includes your resi- dence that you changed to rental use. See Real property. If you buy real property, such Example. You bought a house and used it Property Owned or Used in 1986 in chapter 1 of as a building and land, certain fees and other as your personal home several years before Pub. 946 for those situations in which MACRS expenses you pay are part of your cost basis in you converted it to rental property. Although its isn’t allowed. the property. specific use was personal and no depreciation was allowable, you placed the home in service Improvements made after 1986. Treat an im- Real estate taxes. If you buy real property when you began using it as your home. You can provement made after 1986 to property you and agree to pay real estate taxes on it that begin to claim depreciation in the year you con- placed in service before 1987 as separate de- were owed by the seller and the seller doesn’t verted it to rental property because at that time preciable property. As a result, you can depreci- reimburse you, the taxes you pay are treated as its use changed to the production of income. ate that improvement as separate property un- part of your basis in the property. You can’t de- der MACRS if it is the type of property that duct them as taxes paid. Idle Property otherwise qualifies for MACRS depreciation. If you reimburse the seller for real estate For more information about improvements, see taxes the seller paid for you, you can usually Continue to claim a deduction for depreciation Additions or improvements to property, later in deduct that amount. Don’t include that amount on property used in your rental activity even if it this chapter, under Recovery Periods Under in your basis in the property. is temporarily idle (not in use). For example, if GDS. Settlement fees and other costs. The fol- you must make repairs after a tenant moves This publication discusses MACRS de- lowing settlement fees and closing costs for out, you still depreciate the rental property dur- ! preciation only. If you need information buying the property are part of your basis in the ing the time it isn’t available for rent. CAUTION about depreciating property placed in property. service before 1987, see Pub. 534. • Abstract fees. Cost or Other Basis Fully • Charges for installing utility services. Recovered • Legal fees. Basis of Depreciable • Recording fees. You must stop depreciating property when the Property • Surveys. total of your yearly depreciation deductions • Transfer taxes. equals your cost or other basis of your property. The basis of property used in a rental activity is • Title insurance. For this purpose, your yearly depreciation de- generally its adjusted basis when you place it in • Any amounts the seller owes that you ductions include any depreciation that you were service in that activity. This is its cost or other agree to pay, such as back taxes or inter- allowed to claim, even if you didn’t claim it. See basis when you acquired it, adjusted for certain est, recording or mortgage fees, charges Basis of Depreciable Property, later. items occurring before you place it in service in for improvements or repairs, and sales the rental activity. commissions. Retired From Service The following are settlement fees and clos- If you depreciate your property under ing costs you can’t include in your basis in the You stop depreciating property when you retire MACRS, you may also have to reduce your ba- property. it from service, even if you haven’t fully recov- sis by certain deductions and credits with re- 1. Fire insurance premiums. ered its cost or other basis. You retire property spect to the property. from service when you permanently withdraw it 2. Rent or other charges relating to occu- from use in a trade or business or from use in Basis and adjusted basis are explained in pancy of the property before closing. the production of income because of any of the the following discussions. 3. Charges connected with getting or refi- following events. If you used the property for personal nancing a loan, such as: • You sell or exchange the property. ! purposes before changing it to rental a. Points (discount points, loan origina- • You convert the property to personal use. CAUTION use, its basis for depreciation is the • You abandon the property. lesser of its adjusted basis or its FMV when you tion fees), • The property is destroyed. change it to rental use. See Basis of Property b. Loan assumption fees, Changed to Rental Use in chapter 4. c. Cost of a credit report, and Depreciation Methods d. Fees for an appraisal required by a Cost Basis lender. Generally, you must use the Modified Acceler- ated Cost Recovery System (MACRS) to de- The basis of property you buy is usually its cost. Also, don’t include amounts placed in es- preciate residential rental property placed in The cost is the amount you pay for it in cash, in crow for the future payment of items such as service after 1986. taxes and insurance. Chapter 2 Depreciation of Rental Property Page 7 |
Page 8 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Assumption of a mortgage. If you buy • Amounts spent after a casualty to restore • Casualty loss not covered by insurance for property and become liable for an existing mort- the damaged property. which you took a deduction. gage on the property, your basis is the amount • The cost of extending utility service lines to • Amount(s) you receive for granting an you pay for the property plus the amount re- the property. easement. maining to be paid on the mortgage. • Legal fees, such as the cost of defending • Residential energy credits you were al- and perfecting title, or settling zoning is- lowed before 1986 or after 2005 if you Example. You buy a building for $60,000 sues. added the cost of the energy items to the cash and assume a mortgage of $240,000 on it. basis of your home. Your basis is $300,000. Additions or improvements. Add to the • Exclusion from income of subsidies for en- basis of your property the amount an addition or ergy conservation measures. Separating cost of land and buildings. If improvement actually costs you, including any • Special depreciation allowance or a sec- you buy buildings and your cost includes the amount you borrowed to make the addition or tion 179 deduction claimed on qualified cost of the land on which they stand, you must improvement. This includes all direct costs, property. divide the cost between the land and the build- such as material and labor, but doesn’t include • Depreciation you deducted or could have ings to figure the basis for depreciation of the your own labor. It also includes all expenses re- deducted on your tax returns under the buildings. The part of the cost that you allocate lated to the addition or improvement. method of depreciation you chose. If you to each asset is the ratio of the FMV of that as- For example, if you had an architect draw up didn’t deduct enough or deducted too set to the FMV of the whole property at the time plans for remodeling your property, the archi- much in any year, see Depreciation under you buy it. tect's fee is a part of the cost of the remodeling. Decreases to Basis in Pub. 551. If you aren’t certain of the FMVs of the land Or, if you had your lot surveyed to put up a and the buildings, you can divide the cost be- fence, the cost of the survey is a part of the cost If your rental property was previously used tween them based on their assessed values for of the fence. as your main home, you must also decrease the real estate tax purposes. Keep separate accounts for depreciable ad- basis by the following. ditions or improvements made after you place • Gain you postponed from the sale of your Example. You buy a house and land for the property in service in your rental activity. For main home before May 7, 1997, if the re- $200,000. The purchase contract doesn’t spec- information on depreciating additions or im- placement home was converted to your ify how much of the purchase price is for the provements, see Additions or improvements to rental property. house and how much is for the land. property, later in this chapter, under Recovery • District of Columbia first-time homebuyer The latest real estate tax assessment on the Periods Under GDS. credit allowed on the purchase of your property was based on an assessed value of main home after August 4, 1997, and be- $160,000, of which $136,000 was for the house The cost of landscaping improvements fore January 1, 2012. and $24,000 was for the land. ! is usually treated as an addition to the • Amount of qualified principal residence in- You can allocate 85% ($136,000 ÷ CAUTION basis of the land, which isn’t deprecia- debtedness discharged on or after January $160,000) of the purchase price to the house ble. However, see What Rental Property Can’t 1, 2007. and 15% ($24,000 ÷ $160,000) of the purchase Be Depreciated, earlier. price to the land. Your basis in the house is $170,000 (85% of Assessments for local improvements. Special Depreciation $200,000) and your basis in the land is $30,000 Assessments for items which tend to increase (15% of $200,000). the value of property, such as streets and side- Allowance walks, must be added to the basis of the prop- erty. For example, if your city installs curbing on For 2022, some properties used in connection Basis Other Than Cost the street in front of your house, and assesses with residential real property activities may you and your neighbors for its cost, you must qualify for a special depreciation allowance. You can’t use cost as a basis for property that add the assessment to the basis of your prop- This allowance is figured before you figure your you received: erty. Also, add the cost of legal fees paid to ob- regular depreciation deduction. See chapter 3 • In return for services you performed; tain a decrease in an assessment levied against of Pub. 946 for details. Also, see the instruc- • In an exchange for other property; property to pay for local improvements. You tions for Form 4562, line 14. • As a gift; can’t deduct these items as taxes or depreciate • From your spouse, or from your former them. If you qualify for, but choose not to take, a spouse as the result of a divorce; or However, you can deduct assessments for special depreciation allowance, you must attach • As an inheritance. the purpose of maintenance or repairs or for the a statement to your return. The details of this purpose of meeting interest charges related to election are in chapter 3 of Pub. 946 and the in- If you received property in one of these the improvements. Don’t add them to your basis structions for Form 4562, line 14. ways, see Pub. 551 for information on how to in the property. figure your basis. Deducting vs. capitalizing costs. Don’t MACRS Depreciation add to your basis costs you can deduct as cur- Adjusted Basis rent expenses. However, there are certain costs Most business and investment property placed you can choose either to deduct or to capitalize. in service after 1986 is depreciated using To figure your property's basis for depreciation, If you capitalize these costs, include them in MACRS. you may have to make certain adjustments (in- your basis. If you deduct them, don’t include creases and decreases) to the basis of the them in your basis. This section explains how to determine property for events occurring between the time The costs you may choose to deduct or cap- which MACRS depreciation system applies to you acquired the property and the time you italize include carrying charges, such as interest your property. It also discusses other informa- placed it in service for business or the produc- and taxes, that you must pay to own property. tion you need to know before you can figure de- tion of income. The result of these adjustments For more information about deducting or preciation under MACRS. This information in- to the basis is the adjusted basis. capitalizing costs and how to make the election, cludes the property's: see Carrying Charges in chapter 7 of Pub. 535. Increases to basis. You must increase the • Recovery class, • Applicable recovery period, basis of any property by the cost of all items Decreases to basis. You must decrease the • Convention, properly added to a capital account. These in- basis of your property by any items that repre- • Placed-in-service date, clude the following. sent a return of your cost. These include the fol- • Basis for depreciation, and • The cost of any additions or improvements lowing. • Depreciation method. made before placing your property into • Insurance or other payment you receive as service as a rental that have a useful life of the result of a casualty or theft loss. more than 1 year. Page 8 Chapter 2 Depreciation of Rental Property |
Page 9 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Depreciation Systems Under MACRS, property that you placed in • 15-year property. This class includes service during 2022 in your rental activities gen- roads, fences, and shrubbery (if deprecia- erally falls into one of the following classes. ble). MACRS consists of two systems that determine 5-year property. This class includes com- • Residential rental property. This class how you depreciate your property—the General • puters and peripheral equipment, office includes any real property that is a rental Depreciation System (GDS) and the Alternative machinery (typewriters, calculators, cop- building or structure (including a mobile Depreciation System (ADS). You must use iers, etc.), automobiles, and light trucks. home) for which 80% or more of the gross GDS unless you are specifically required by law This class also includes appliances, rental income for the tax year is from dwell- to use ADS or you elect to use ADS. carpeting, and furniture used in a residen- ing units. It doesn’t include a unit in a hotel, tial rental real estate activity. motel, inn, or other establishment where Excluded Property Depreciation is limited on automobiles more than half of the units are used on a and other property used for transportation transient basis. If you live in any part of the You can’t use MACRS for certain personal and property of a type generally used for building or structure, the gross rental in- property (such as furniture or appliances) entertainment, recreation, or amusement. come includes the fair rental value of the placed in service in your rental property in 2022 See chapter 5 of Pub. 946. part you live in. if it had been previously placed in service be- The other property classes generally fore 1987, when MACRS became effective. • 7-year property. This class includes of- fice furniture and equipment (desks, file don’t apply to property used in rental In most cases, personal property is exclu- cabinets, and similar items). This class CAUTION! activities. These classes aren’t dis- ded from MACRS if you (or a person related to also includes any property that doesn’t cussed in this publication. See Pub. 946 for you) owned or used it in 1986 or if your tenant is have a class life and that hasn’t been des- more information. a person (or someone related to the person) ignated by law as being in any other class. who owned or used it in 1986. However, the property isn’t excluded if your 2022 deduction under MACRS (using a half-year convention) is less than the deduction you would have under Table 2-1. MACRS Recovery Periods for ACRS. For more information, see What Method Property Used in Can You Use To Depreciate Your Property? in Rental Activities Keep for Your Records chapter 1 of Pub. 946. MACRS Recovery Period Electing ADS General Alternative Depreciation Depreciation Type of Property System System If you choose, you can use the ADS method for most property. Under ADS, you use the straight Computers and their peripheral equipment . . . . . . . . . . . . . . 5 years 5 years line method of depreciation. Office machinery, such as: • Typewriters The election of ADS for one item in a class • Calculators of property generally applies to all property in • Copiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years 6 years that class placed in service during the tax year Automobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years 5 years of the election. However, the election applies on Light trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years 5 years a property-by-property basis for residential rental property and nonresidential real property. Appliances, such as: • Stoves If you choose to use ADS for your residential • Refrigerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years 9 years rental property, the election must be made in Carpets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years 9 years the first year the property is placed in service. Furniture used in rental property . . . . . . . . . . . . . . . . . . . . . . 5 years 9 years Once you make this election, you can never re- Office furniture and equipment, such as: voke it. • Desks • Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 years 10 years For property placed in service during 2022, Any property that doesn’t have a class life and that hasn’t been you make the election to use ADS by entering designated by law as being in any other class . . . . . . . . . . . . 7 years 12 years the depreciation on Form 4562, Part III, Sec- tion C, line 20c. Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years Shrubbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years Property Classes Under GDS Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years Residential rental property (buildings or structures) and Each item of property that can be depreciated structural components such as furnaces, waterpipes, venting, under MACRS is assigned to a property class, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.5 years 30 years1 determined by its class life. The property class generally determines the depreciation method, Additions and improvements, such as a new roof . . . . . . . . . The same recovery period as recovery period, and convention. that of the property to which the addition or improvement is The property classes under GDS are: made, determined as if the • 3-year property, property were placed in service • 5-year property, at the same time as the addition • 7-year property, or improvement. • 10-year property, • 15-year property, 1 40 years for property placed in service before January 1, 2018. However, the ADS recovery period for • 20-year property, • Nonresidential real property, and residential rental property placed in service before January 1, 2018, is 30 years if the property is held by an • Residential rental property. electing real property trade or business (as defined in section 163(j)(7)(B)) and section 168(g)(1)(A), (B), (C), (D), or (E) did not apply to the property before January 1, 2018. Chapter 2 Depreciation of Rental Property Page 9 |
Page 10 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Recovery Periods Under quarter of a tax year as placed in service, or dis- in that class that is placed in service during the posed of, at the midpoint of the quarter. tax year of the election. You make this election GDS on Form 4562. In Part III, column (f), enter “150 Example. During the tax year, Tom pur- DB.” Once you make this election, you can’t The recovery period of property is the number chased the following items to use in his rental change to another method. of years over which you recover its cost or other property. He elects not to claim the special de- If you use either the 200% or 150% DB basis. The recovery periods are generally lon- preciation allowance discussed earlier. method, figure your deduction using the straight ger under ADS than GDS. • A dishwasher for $400 that he placed in line method in the first tax year that the use of service in January. the straight line method gives you an equal or The recovery period of property depends on • Used furniture for $100 that he placed in larger deduction than the use of the 200% or its property class. Under GDS, the recovery pe- service in September. 150% DB method. riod of an asset is generally the same as its • A refrigerator for $800 that he placed in You can also choose to use the straight line property class. service in October. method with a half-year or mid-quarter conven- Class lives and recovery periods for most Tom uses the calendar year as his tax year. tion for 5-, 7-, or 15-year property. The choice to assets are listed in Appendix B of Pub. 946. The total basis of all property placed in service use the straight line method for one item in a See Table 2-1 for recovery periods of property that year is $1,300. The $800 basis of the refrig- class of property applies to all property in that commonly used in residential rental activities. erator placed in service during the last 3 months class that is placed in service during the tax of his tax year exceeds $520 (40% × $1,300). year of the election. You elect the straight line Additions or improvements to property. Tom must use the mid-quarter convention in- method on Form 4562. In Part III, column (f), Treat additions or improvements you make to stead of the half-year convention for all three enter “S/L.” Once you make this election, you your depreciable rental property as separate items. can’t change to another method. property items for depreciation purposes. The property class and recovery period of Half-year convention. The half-year conven- MACRS Percentage Tables the addition or improvement are the ones that tion is used if neither the mid-quarter conven- would apply to the original property if you had tion nor the mid-month convention applies. Un- You can use the percentages in Table 2-2 to placed it in service at the same time as the ad- der this convention, you treat all property compute annual depreciation under MACRS. dition or improvement. placed in service, or disposed of, during a tax The tables show the percentages for the first The recovery period for an addition or im- year as placed in service, or disposed of, at the few years or until the change to the straight line provement to property begins on the later of: midpoint of that tax year. method is made. See Appendix A of Pub. 946 • The date the addition or improvement is If this convention applies, you deduct a half for complete tables. The percentages in Tables placed in service, or year of depreciation for the first year and the 2-2a, 2-2b, and 2-2c make the change from us- • The date the property to which the addition last year that you depreciate the property. You ing the DB method to the straight line method in or improvement was made is placed in deduct a full year of depreciation for any other the first tax year that the use of the straight line service. year during the recovery period. method gives you an equal or greater deduction than the use of the DB method. Example. You own a residential rental Figuring Your Depreciation If you elect to use the straight line method house that you have been renting since 1999 and depreciating under ACRS. You built an ad- Deduction for 5-, 7-, or 15-year property, or the 150% DB dition onto the house and placed it in service in method for 5- or 7-year property, use the tables 2022. You must use MACRS for the addition. You can figure your MACRS depreciation de- in Appendix A of Pub. 946. Under GDS, the addition is depreciated as resi- duction in one of two ways. The deduction is dential rental property over 27.5 years. substantially the same both ways. You can fig- How to use the percentage tables. You must ure the deduction using either: apply the table rates to your property's unadjus- • The depreciation method and convention ted basis (defined later) each year of the recov- Conventions that apply over the recovery period of the ery period. property, or Once you begin using a percentage table to A convention is a method established under • The percentage from the MACRS percent- figure depreciation, you must continue to use it MACRS to set the beginning and end of the re- age tables. for the entire recovery period unless there is an covery period. The convention you use deter- adjustment to the basis of your property for a mines the number of months for which you can In this publication, we will use the percent- reason other than: claim depreciation in the year you place prop- age tables. For instructions on how to compute erty in service and in the year you dispose of the deduction, see chapter 4 of Pub. 946. 1. Depreciation allowed or allowable, or the property. 2. An addition or improvement that is depre- Residential rental property. You must use ciated as a separate item of property. Mid-month convention. A mid-month conven- the straight line method and a mid-month con- tion is used for all residential rental property and vention for residential rental property. In the first If there is an adjustment for any reason nonresidential real property. Under this conven- year that you claim depreciation for residential other than (1) or (2), for example, because of a tion, you treat all property placed in service, or rental property, you can claim depreciation only deductible casualty loss, you can no longer use disposed of, during any month as placed in for the number of months the property is in use. the table. For the year of the adjustment and for service, or disposed of, at the midpoint of that Use the mid-month convention (explained un- the remaining recovery period, figure deprecia- month. der Conventions, earlier). tion using the property's adjusted basis at the end of the year and the appropriate deprecia- Mid-quarter convention. A mid-quarter con- 5-, 7-, or 15-year property. For property in the tion method, as explained earlier under Figuring vention must be used if the mid-month conven- 5- or 7-year class, use the 200% declining bal- Your Depreciation Deduction. See Figuring the tion doesn’t apply and the total depreciable ba- ance (DB) method and a half-year convention. Deduction Without Using the Tables in chap- sis of MACRS property placed in service in the However, in limited cases, you must use the ter 4 of Pub. 946. last 3 months of a tax year (excluding nonresi- mid-quarter convention, if it applies. For prop- Unadjusted basis. This is the same basis dential real property, residential rental property, erty in the 15-year class, use the 150% DB you would use to figure gain on a sale (see Ba- and property placed in service and disposed of method and a half-year convention, unless the sis of Depreciable Property, earlier), but without in the same year) is more than 40% of the total mid-quarter convention applies. reducing your original basis by any MACRS de- basis of all such property you place in service You can also choose to use the 150% DB preciation taken in earlier years. during the year. method for property in the 5- or 7-year class. Under this convention, you treat all property The choice to use the 150% method for one placed in service, or disposed of, during any item in a class of property applies to all property Page 10 Chapter 2 Depreciation of Rental Property |
Page 11 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. However, you do reduce your original basis ble 2-2a for 5-year property, Table 2-2b for in the refrigerator is $1,000. Both are 5-year by other amounts claimed on the property, in- 7-year property, and Table 2-2c for 15-year property. Using the half-year convention col- cluding: property. Use the percentage in the second col- umn in Table 2-2a, the depreciation percentage • Any amortization, umn (half-year convention) unless you are re- for Year 1 is 20%. For that year, your deprecia- • Any section 179 deduction, and quired to use the mid-quarter convention (ex- tion deduction is $120 ($600 × 20% (0.20)) for • Any special depreciation allowance. plained earlier). If you must use the mid-quarter the stove and $200 ($1,000 × 20% (0.20)) for For more information, see chapter 4 of Pub. convention, use the column that corresponds to the refrigerator. 946. the calendar year quarter in which you placed For Year 2, the depreciation percentage is the property in service. 32%. That year's depreciation deduction will be Tables 2-2a, 2-2b, and 2-2c. The percen- $192 ($600 × 32% (0.32)) for the stove and tages in these tables take into account the Example 1. You purchased a stove and re- $320 ($1,000 × 32% (0.32)) for the refrigerator. half-year and mid-quarter conventions. Use Ta- frigerator and placed them in service in June. Your basis in the stove is $600 and your basis Example 2. Assume the same facts as in Example 1, except you buy the refrigerator in Table 2-2. Optional MACRS GDS Percentage Tables October instead of June. Because the refrigera- tor was placed in service in the last 3 months of a. MACRS 5-Year Property (200% DB) the tax year, and its basis ($1,000) is more than Half-year convention Mid-quarter convention 40% of the total basis of all property placed in service during the year ($1,600 × 40% (0.40) = Year First Second Third Fourth $640), you are required to use the mid-quarter quarter quarter quarter quarter convention to figure depreciation on both the stove and refrigerator. 1 20.00% 35.00% 25.00% 15.00% 5.00% Because you placed the refrigerator in serv- 2 32.00 26.00 30.00 34.00 38.00 ice in October, you use the fourth quarter col- 3 19.20 15.60 18.00 20.40 22.80 umn of Table 2-2a and find the depreciation 4 11.52 11.01 11.37 12.24 13.68 percentage for Year 1 is 5%. Your depreciation 5 11.52 11.01 11.37 11.30 10.94 deduction for the refrigerator is $50 ($1,000 x 6 5.76 1.38 4.26 7.06 9.58 5% (0.05)). b. MACRS 7-Year Property (200% DB) Because you placed the stove in service in June, you use the second quarter column of Ta- Half-year convention Mid-quarter convention ble 2-2a and find the depreciation percentage for Year 1 is 25%. For that year, your deprecia- Year First Second Third Fourth tion deduction for the stove is $150 ($600 x quarter quarter quarter quarter 25% (0.25)). 1 14.29% 25.00% 17.85% 10.71% 3.57% Table 2-2d. Use this table when you are using 2 24.49 21.43 23.47 25.51 27.55 the GDS 27.5-year option for residential rental 3 17.49 15.31 16.76 18.22 19.68 property. Find the row for the month that you 4 12.49 10.93 11.97 13.02 14.06 placed the property in service. Use the percen- 5 8.93 8.75 8.87 9.30 10.04 tages listed for that month to figure your depre- 6 8.92 8.74 8.87 8.85 8.73 ciation deduction. The mid-month convention is 7 8.93 8.75 8.87 8.86 8.73 taken into account in the percentages shown in c. MACRS 15-Year Property (150% DB) the table. Continue to use the same row Half-year convention Mid-quarter convention (month) under the column for the appropriate year. Year First Second Third Fourth quarter quarter quarter quarter Example. You purchased a single family rental house for $185,000 and placed it in serv- 1 5.00% 8.75% 6.25% 3.75% 1.25% ice on February 8. The sales contract showed 2 9.50 9.13 9.38 9.63 9.88 that the building cost $160,000 and the land 3 8.55 8.21 8.44 8.66 8.89 cost $25,000. Your basis for depreciation is its 4 7.70 7.39 7.59 7.80 8.00 original cost, $160,000. This is the first year of 5 6.93 6.65 6.83 7.02 7.20 service for your residential rental property and 6 6.23 5.99 6.15 6.31 6.48 you decide to use GDS, which has a recovery 7 5.90 5.90 5.91 5.90 5.90 period of 27.5 years. Using Table 2-2d, you find 8 5.90 5.91 5.90 5.90 5.90 that the depreciation percentage for property d. Residential Rental Property-GDS (27.5-year S/L with mid-month convention) placed in service in February of Year 1 is 3.182%. That year's depreciation deduction is Use the row for the month of the taxable year placed in service. $5,091 ($160,000 x 3.182% (0.03182)). Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Jan. 3.485% 3.636% 3.636% 3.636% 3.636% 3.636% Figuring MACRS Feb. 3.182 3.636 3.636 3.636 3.636 3.636 Depreciation Under ADS March 2.879 3.636 3.636 3.636 3.636 3.636 Apr. 2.576 3.636 3.636 3.636 3.636 3.636 May 2.273 3.636 3.636 3.636 3.636 3.636 Table 2-1 shows the ADS recovery periods for property used in rental activities. June 1.970 3.636 3.636 3.636 3.636 3.636 July 1.667 3.636 3.636 3.636 3.636 3.636 See Appendix B of Pub. 946 for other prop- Aug. 1.364 3.636 3.636 3.636 3.636 3.636 erty. If your property isn’t listed in Appendix B, it Sept. 1.061 3.636 3.636 3.636 3.636 3.636 is considered to have no class life. Under ADS, Oct. 0.758 3.636 3.636 3.636 3.636 3.636 personal property with no class life is depreci- ated using a recovery period of 12 years. Nov. 0.455 3.636 3.636 3.636 3.636 3.636 Dec. 0.152 3.636 3.636 3.636 3.636 3.636 Use the mid-month convention for residen- tial rental property and nonresidential real Chapter 2 Depreciation of Rental Property Page 11 |
Page 12 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. property. For all other property, use the 1040). However, don’t use that schedule to re- Schedule C (Form 1040), half-year or mid-quarter convention, as appro- port a not-for-profit activity. See Not Rented for priate. Profit, later, in chapter 4. There are also other Profit or Loss From Business See Pub. 946 for ADS depreciation tables. rental situations in which forms other than Schedule E would be used. Generally, Schedule C is used when you pro- vide substantial services in conjunction with the property or the rental is part of a trade or busi- Claiming the Correct Schedule E (Form 1040) ness as a real estate dealer. Amount of Depreciation If you rent buildings, rooms, or apartments, and Providing substantial services. If you pro- provide basic services such as heat and light, vide substantial services that are primarily for You should claim the correct amount of depreci- trash collection, etc., you normally report your your tenant's convenience, such as regular ation each tax year. If you didn’t claim all the rental income and expenses on Schedule E, cleaning, changing linen, or maid service, you depreciation you were entitled to deduct, you Part I. report your rental income and expenses on must still reduce your basis in the property by Schedule C. Use Form 1065, U.S. Return of the full amount of depreciation that you could List your total income, expenses, and depre- Partnership Income, if your rental activity is a have deducted. For more information, see De- ciation for each rental property. Be sure to enter partnership (including a partnership with your preciation under Decreases to Basis in Pub. the number of fair rental and personal-use days spouse unless it is a qualified joint venture). 551. on line 2. Substantial services don’t include the furnishing of heat and light, cleaning of public areas, trash If you deducted an incorrect amount of de- If you have more than three rental or royalty collection, etc. For more information, see Pub. preciation for property in any year, you may be properties, complete and attach as many 334, Tax Guide for Small Business. Also, you able to make a correction by filing Form 1040-X, Schedules E as are needed to separately list all may have to pay self-employment tax on your Amended U.S. Individual Income Tax Return. If of the properties. However, fill in lines 23a rental income using Schedule SE (Form 1040), you aren’t allowed to make the correction on an through 26 on only one Schedule E. The figures Self-Employment Tax. For a discussion of “sub- amended return, you may be able to change on lines 23a through 26 on that Schedule E stantial services,” see Real Estate Rents in your accounting method to claim the correct should be the combined totals for all properties chapter 5 of Pub. 334. amount of depreciation. See How Do You Cor- reported on your Schedules E. rect Depreciation Deductions? in Pub. 946 for more information. On Schedule E, page 1, line 18, enter the Qualified Joint Venture depreciation you are claiming for each property. You may also need to attach Form 4562 to If you and your spouse each materially partici- claim some or all of your depreciation. See pate (see Material participation under Passive Form 4562, later, for more information. Activity Limits, later) as the only members of a jointly owned and operated real estate busi- If you have a loss from your rental real es- ness, and you file a joint return for the tax year, 3. tate activity, you may also need to complete you can make a joint election to be treated as a one or both of the following forms. qualified joint venture instead of a partnership. • Form 6198, At-Risk Limitations. See This election, in most cases, won’t increase the At-Risk Rules, later. Also, see Pub. 925. total tax owed on the joint return, but it does Reporting • Form 8582, Passive Activity Loss Limita- give each of you credit for social security earn- tions. See Passive Activity Limits, later. ings on which retirement benefits are based and for Medicare coverage if your rental income Rental Income, Page 2 of Schedule E is used to report in- is subject to self-employment tax. come or loss from partnerships, S corporations, estates, trusts, and real estate mortgage invest- If you make this election, you must report Expenses, and ment conduits. If you need to use page 2 of rental real estate income on Schedule E (or Schedule E and you have more than three Schedule C, if you provide substantial serv- Losses rental or royalty properties, be sure to use ices). You won’t be required to file Form 1065 page 2 of the same Schedule E you used to en- for any year the election is in effect. Rental real Figuring the net income or loss for a residential ter the combined totals for your rental activity on estate income generally isn’t included in net rental activity may involve more than just listing page 1. Also, include the amount from line 26 earnings from self-employment subject to the income and deductions on Schedule E (Part I) in the “Total income or (loss)” on line 41 self-employment tax and is generally subject to (Form 1040). There are activities that don’t (Part V). the passive activity limits. qualify to use Schedule E, such as when the ac- tivity isn’t engaged in to make a profit or when Form 4562. You must complete and attach If you and your spouse filed a Form 1065 for you provide substantial services in conjunction Form 4562 if you are claiming the following de- the year prior to the election, the partnership with the property. preciation in your rental activity. terminates at the end of the tax year immedi- • Depreciation, including the special depre- ately preceding the year the election takes ef- There are also the limitations that may need to ciation allowance, on property placed in fect. be applied if you have a net loss on Schedule E. service during 2022. There are two: (1) the limitation based on the • Depreciation on listed property (such as a For more information on qualified joint ven- amount of investment you have at risk in your car), regardless of when it was placed in tures, go to IRS.gov/QJV. rental activity, and (2) the special limits imposed service. on passive activities. Otherwise, figure your depreciation on your own You may also have a gain or loss related to your worksheet. You don’t have to attach these com- Limits on Rental Losses rental property from a casualty or theft. This is putations to your return, but you should keep considered separately from the income and ex- them in your records for future reference. If you have a loss from your rental real estate pense information you report on Schedule E. You may also need to attach Form 4562 if activity, two sets of rules may limit the amount you are claiming a section 179 deduction, am- of loss you can report on Schedule E. You must ortizing costs that began during 2022, or claim- consider these rules in the order shown below. Which Forms To Use ing any other deduction for a vehicle, including Both are discussed in this section. the standard mileage rate or lease expenses. 1. At-risk rules. These rules are applied first if The basic form for reporting residential rental in- See Pub. 946 for information on preparing there is investment in your rental real es- come and expenses is Schedule E (Form Form 4562. tate activity for which you aren’t at risk. Page 12 Chapter 3 Reporting Rental Income, Expenses, and Losses |
Page 13 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. This applies only if the real property was and for rental real estate with active participa- Material participation. Generally, you materi- placed in service after 1986. tion are discussed later. ally participated in an activity for the tax year if you were involved in its operations on a regular, 2. Passive activity limits. Generally, rental For a detailed discussion of these rules, see continuous, and substantial basis during the real estate activities are considered pas- Pub. 925. year. For details, see Pub. 925 or the Instruc- sive activities and losses aren’t deductible tions for Schedule C. unless you have income from other pas- Real estate professionals. If you are a real sive activities to offset them. However, estate professional, complete line 43 of Sched- Participating spouse. If you are married, there are exceptions. ule E. determine whether you materially participated in You qualify as a real estate professional for an activity by also counting any participation in Excess business loss limitation. In addition the tax year if you meet both of the following re- the activity by your spouse during the year. Do to at-risk rules and passive activity limits, ex- quirements. this even if your spouse owns no interest in the cess business loss rules apply to losses from all • More than half of the personal services you activity or files a separate return for the year. noncorporate trades or businesses. This busi- perform in all trades or businesses during ness loss limitation is figured using Form 461 the tax year are performed in real property Form 8582. You may have to complete Form after you complete your Schedule E. Any limita- trades or businesses in which you materi- 8582 to figure the amount of any passive activ- tion to your loss resulting from these rules will ally participate. ity loss for the current tax year for all activities not be reflected on your Schedule E. Instead, it • You perform more than 750 hours of serv- and the amount of the passive activity loss al- will be added to your income on Form 1040 or ices during the tax year in real property lowed on your tax return. See Form 8582 not re- 1040-SR and treated as a net operating loss trades or businesses in which you materi- quired, later in this chapter, to determine if you that must be carried forward and deducted in a ally participate. must complete Form 8582. subsequent year. If you are required to complete Form 8582 If you qualify as a real estate professional, and are also subject to the at-risk rules, include rental real estate activities in which you materi- the amount from Form 6198, line 21 (deductible At-Risk Rules ally participated aren’t passive activities. For loss), in column (b) of Form 8582, Worksheet 1 purposes of determining whether you materially or 2, as required. You may be subject to the at-risk rules if you participated in your rental real estate activities, have: each interest in rental real estate is a separate • A loss from an activity carried on as a trade activity unless you elect to treat all your inter- Exception for Personal Use of or business or for the production of in- ests in rental real estate as one activity. Dwelling Unit come, and Don’t count personal services you perform • Amounts invested in the activity for which as an employee in real property trades or busi- If you used the rental property as a home during you aren’t fully at risk. nesses unless you are a 5% owner of your em- the year, any income, deductions, gain, or loss ployer. You are a 5% owner if you own (or are allocable to such use is not to be taken into ac- Losses from holding real property (other considered to own) more than 5% of your em- count for purposes of the passive activity loss than mineral property) placed in service before ployer's outstanding stock, or capital or profits limitation. Instead, follow the rules explained in 1987 aren’t subject to the at-risk rules. interest. chapter 5. In most cases, any loss from an activity sub- Don’t count your spouse's personal services ject to the at-risk rules is allowed only to the ex- to determine whether you met the requirements Exception for Rental Real Estate tent of the total amount you have at risk in the listed earlier to qualify as a real estate profes- With Active Participation activity at the end of the tax year. You are con- sional. However, you can count your spouse's sidered at risk in an activity to the extent of cash participation in an activity in determining if you If you or your spouse actively participated in a and the adjusted basis of other property you materially participated. passive rental real estate activity, you may be contributed to the activity and certain amounts Real property trades or businesses. A able to deduct up to $25,000 of loss from the borrowed for use in the activity. Any loss that is real property trade or business is a trade or activity from your nonpassive income. This spe- disallowed because of the at-risk limits is trea- business that does any of the following with real cial allowance is an exception to the general ted as a deduction from the same activity in the property. rule disallowing losses in excess of income next tax year. See Pub. 925 for a discussion of • Develops or redevelops it. from passive activities. Similarly, you may be the at-risk rules. • Constructs or reconstructs it. able to offset credits from the activity against • Acquires it. the tax on up to $25,000 of nonpassive income Form 6198. If you are subject to the at-risk • Converts it. after taking into account any losses allowed un- rules, file Form 6198 with your tax return. • Rents or leases it. der this exception. • Operates or manages it. Example. Jane is single and has $40,000 Passive Activity Limits • Brokers it. in wages, $2,000 of passive income from a limi- Choice to treat all interests as one activity. ted partnership, and $3,500 of passive loss In most cases, all rental real estate activities If you were a real estate professional and had from a rental real estate activity in which she ac- (except those of certain real estate professio- more than one rental real estate interest during tively participated. $2,000 of Jane's $3,500 loss nals, discussed later) are passive activities. For the year, you can choose to treat all the inter- offsets her passive income. The remaining this purpose, a rental activity is an activity from ests as one activity. You can make this choice $1,500 loss can be deducted from her $40,000 which you receive income mainly for the use of for any year that you qualify as a real estate wages. tangible property, rather than for services. For a professional. If you forgo making the choice for The special allowance isn’t available if discussion of activities that aren’t considered one year, you can still make it for a later year. ! you were married, lived with your rental activities, see Rental Activities in Pub. CAUTION spouse at any time during the year, 925. If you make the choice, it is binding for the tax year you make it and for any later year that and are filing a separate return. Deductions or losses from passive activities you are a real estate professional. This is true are limited. You generally can’t offset income, even if you aren’t a real estate professional in Active participation. You actively participated other than passive income, with losses from any intervening year. (For that year, the excep- in a rental real estate activity if you (and your passive activities. Nor can you offset taxes on tion for real estate professionals won’t apply in spouse) owned at least 10% of the rental prop- income, other than passive income, with credits determining whether your activity is subject to erty and you made management decisions or resulting from passive activities. Any excess the passive activity rules.) arranged for others to provide services (such as loss or credit is carried forward to the next tax See the Instructions for Schedule E for infor- repairs) in a significant and bona fide sense. year. Exceptions to the rules for figuring passive mation about making this choice. Management decisions that may count as ac- activity limits for personal use of a dwelling unit tive participation include approving new Chapter 3 Reporting Rental Income, Expenses, and Losses Page 13 |
Page 14 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tenants, deciding on rental terms, approving ex- 8. The deduction allowed for one-half of More information. For information on busi- penditures, and other similar decisions. self-employment tax, ness and nonbusiness casualty and theft los- Example. Mike is single and had the follow- 9. The deduction allowed for interest paid on ses, see Pub. 547. ing income and losses during the tax year. student loans, and How to report. If you had a casualty or theft 10. The deduction allowed for foreign-derived that involved property used in your rental activ- Salary . . . . . . . . . . . . . . . . . . . . . . . $42,300 intangible income and global intangible ity, figure the net gain or loss in Section B of Dividends . . . . . . . . . . . . . . . . . . . . . 300 low-taxed income. Form 4684, Casualties and Thefts. Follow the Interest . . . . . . . . . . . . . . . . . . . . . . 1,400 Instructions for Form 4684 for where to carry Rental loss . . . . . . . . . . . . . . . . . . . . (4,000 ) Form 8582 not required. Don’t complete your net gain or loss. The rental loss was from the rental of a Form 8582 if you meet all of the following condi- house Mike owned. Mike had advertised and tions. rented the house to the current tenant himself. • Your only passive activities were rental real Example He also collected the rents, which usually came estate activities in which you actively par- by mail. All repairs were either made or contrac- ticipated. In February 2017, Marie bought a rental house ted out by Mike. • Your overall net loss from these activities is for $135,000 (house $120,000 and land Although the rental loss is from a passive $25,000 or less ($12,500 or less if married $15,000) and immediately began renting it out. activity, because Mike actively participated in filing separately and you lived apart from In 2022, she rented it all 12 months for a the rental property management, he can use your spouse all year). monthly rental fee of $1,125. In addition to her the entire $4,000 loss to offset his other income. • If married filing separately, you lived apart rental income of $13,500 (12 x $1,125), Marie from your spouse all year. had the following expenses. Maximum special allowance. The maximum • You have no prior year unallowed losses special allowance is: from these (or any other passive) activities. Mortgage interest . . . . . . . . . . . . . . . . . . . $8,000 • $25,000 for single individuals and married • You have no current or prior year unal- Fire insurance (1-year policy) . . . . . . . . . . . 250 individuals filing a joint return for the tax lowed credits from passive activities. Miscellaneous repairs . . . . . . . . . . . . . . . . 400 year, • Your MAGI is $100,000 or less ($50,000 or Real estate taxes imposed and paid . . . . . . 500 • $12,500 for married individuals who file less if married filing separately and you Maintenance . . . . . . . . . . . . . . . . . . . . . . 200 separate returns for the tax year and lived lived apart from your spouse all year). apart from their spouses at all times during • You don’t hold any interest in a rental real Marie depreciates the residential rental the tax year, and estate activity as a limited partner or as a property under MACRS GDS. This means using • $25,000 for a qualifying estate reduced by beneficiary of an estate or a trust. the straight line method over a recovery period of 27.5 years. the special allowance for which the surviv- If you meet all of the conditions listed above, ing spouse qualified. your rental real estate activities aren’t limited by She uses Table 2-2d to find her depreciation If your MAGI is $100,000 or less ($50,000 or the passive activity rules and you don’t have to percentage. Because she placed the property less if married filing separately), you can deduct complete Form 8582. On lines 23a through 23e in service in February 2017, she continues to your loss up to the amount specified above. If of your Schedule E, enter the applicable use that row of Table 2-2d. For year 6, the rate your MAGI is more than $100,000 (more than amounts. is 3.636%. $50,000 if married filing separately), your spe- Marie figures her net rental income or loss cial allowance is limited to 50% of the difference for the house as follows. between $150,000 ($75,000 if married filing separately) and your MAGI. Total rental income received Generally, if your MAGI is $150,000 or more Casualties and Thefts ($1,125 × 12) . . . . . . . . . . . . . . . . . . . . . . $13,500 ($75,000 or more if you are married filing sepa- Minus: Expenses rately), there is no special allowance. As a result of a casualty or theft, you may have Mortgage interest . . . . . . . . . . $8,000 a loss related to your rental property. You may Fire insurance . . . . . . . . . . . . . 250 Modified adjusted gross income (MAGI). be able to deduct the loss on your income tax Miscellaneous repairs . . . . . . . . 400 Real estate taxes . . . . . . . . . . 500 This is your adjusted gross income from Form return. Maintenance . . . . . . . . . . . . . . 200 1040, 1040-SR, or 1040-NR, line 11, figured without taking into account: Casualty. This is the damage, destruction, or Total expenses . . . . . . . . . . . . . . . . . . . 9,350 1. The taxable amount of social security or loss of property resulting from an identifiable Balance . . . . . . . . . . . . . . . . . . . . . . . . . . $4,150 Minus: Depreciation ($120,000 x 3.636% equivalent tier 1 railroad retirement bene- event that is sudden, unexpected, or unusual. (0.03636)) . . . . . . . . . . . . . . . . . . . . . . 4,363 fits, Such events include a storm, fire, or earth- quake. Net rental (loss) for house. . . . . . . . . ($213) 2. The deductible contributions to traditional individual retirement accounts (IRAs) and Theft. This is defined as the unlawful taking Marie had a net loss for the year. Because section 501(c)(18) pension plans, and removing of your money or property with she actively participated in her passive rental 3. The exclusion from income of interest from the intent to deprive you of it. real estate activity and her loss was less than series EE and I U.S. savings bonds used $25,000, she can deduct the loss on her return. to pay higher educational expenses, Gain from casualty or theft. It is also possi- Marie also meets all of the requirements for not ble to have a gain from a casualty or theft if you 4. The exclusion of amounts received under receive money, including insurance, that is having to file Form 8582. She uses Schedule E, an employer's adoption assistance pro- more than your adjusted basis in the property. Part I, to report her rental income and expen- gram, Generally, you must report this gain. However, ses. She enters her income, expenses, and de- 5. Any passive activity income or loss inclu- under certain circumstances, you may defer preciation for the house in the column for Prop- ded on Form 8582, paying tax by choosing to postpone reporting erty A and enters her loss on line 22. Form 4562 the gain. To do this, you must generally buy re- isn’t required. 6. Any rental real estate loss allowed to real placement property within 2 years after the estate professionals, close of the first tax year in which any part of 7. Any overall loss from a publicly traded your gain is realized. In certain circumstances, partnership (see Publicly Traded Partner- the replacement period can be greater than 2 ships (PTPs) in the Instructions for Form years; see Replacement Period in Pub. 547 for 8582), more information. The cost of the replacement property must be equal to or more than the net insurance or other payment you received. Page 14 Chapter 3 Reporting Rental Income, Expenses, and Losses |
Page 15 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a. Multiply your cost per share by the to- You can’t deduct depreciation or insurance tal number of outstanding shares. for the part of the year the property was held for 4. b. Add to the amount figured in (a) any personal use. However, you can include the mortgage debt on the property on the home mortgage interest and real estate tax ex- date you bought the stock. penses for the part of the year the property was held for personal use when figuring the amount c. Subtract from the amount figured in you can deduct on Schedule A. Special (b) any mortgage debt that isn’t for the depreciable real property, such as the Example. Your tax year is the calendar Situations part for the land. year. You moved from your home in May and 2. Subtract from the amount figured in (1) started renting it out on June 1. You can deduct This chapter discusses some rental real estate any depreciation for space owned by the as rental expenses seven-twelfths of your activities that are subject to additional rules. corporation that can be rented but can’t be yearly expenses, such as taxes and insurance. lived in by tenant-stockholders. Starting with June, you can deduct as rental expenses the amounts you pay for items gener- 3. Divide the number of your shares of stock ally billed monthly, such as utilities. Condominiums by the total number of shares outstanding, When figuring depreciation, treat the prop- including any shares held by the corpora- erty as placed in service on June 1. A condominium is most often a dwelling unit in tion. a multi-unit building, but can also take other forms, such as a townhouse or garden apart- 4. Multiply the result of (2) by the percentage Basis of Property Changed ment. you figured in (3). This is your depreciation to Rental Use on the stock. If you own a condominium, you also own a When you change property you held for per- share of the common elements, such as land, Your depreciation deduction for the year lobbies, elevators, and service areas. You and can’t be more than the part of your adjusted ba- sonal use to rental use (for example, you rent the other condominium owners may pay dues sis (defined in chapter 2) in the stock of the cor- your former home), the basis for depreciation or assessments to a special corporation that is poration that is allocable to your rental property. will be the lesser of the FMV or adjusted basis on the date of conversion. organized to take care of the common ele- ments. Payments added to capital account. Pay- ments earmarked for a capital asset or improve- FMV. This is the price at which the property Special rules apply if you rent your condo- ment, or otherwise charged to the corporation's would change hands between a willing buyer minium to others. You can deduct as rental ex- capital account, are added to the basis of your and a willing seller, neither having to buy or sell, penses all the expenses discussed in chapters stock in the corporation. For example, you can’t and both having reasonable knowledge of all 1 and 2. In addition, you can deduct any dues deduct a payment used to pave a community the relevant facts. Sales of similar property, on or assessments paid for maintenance of the parking lot, install a new roof, or pay the princi- or about the same date, may be helpful in figur- common elements. pal of the corporation's mortgage. ing the FMV of the property. You can’t deduct special assessments you Treat as a capital cost the amount you were pay to a condominium management corporation assessed for capital items. This can’t be more Figuring the basis. The basis for depreciation for improvements. However, you may be able to than the amount by which your payments to the is the lesser of: recover your share of the cost of any improve- corporation exceeded your share of the corpo- • The FMV of the property on the date you ment by taking depreciation. ration's mortgage interest and real estate taxes. changed it to rental use; or Your share of interest and taxes is the • Your adjusted basis on the date of the amount the corporation elected to allocate to change—that is, your original cost or other you, if it reasonably reflects those expenses for basis of the property, plus the cost of per- Cooperatives your apartment. Otherwise, figure your share in manent additions or improvements since the following manner. you acquired it, minus deductions for any If you live in a cooperative, you don’t own your casualty or theft losses claimed on earlier apartment. Instead, a corporation owns the 1. Divide the number of your shares of stock years' income tax returns and other de- apartments and you are a tenant-stockholder in by the total number of shares outstanding, creases to basis. For other increases and the cooperative housing corporation. If you rent including any shares held by the corpora- decreases to basis, see Adjusted Basis in your apartment to others, you can usually de- tion. chapter 2. duct, as a rental expense, all the maintenance 2. Multiply the corporation's deductible inter- Example. You originally built a house for fees you pay to the cooperative housing corpo- est by the number you figured in (1). This $140,000 on a lot that cost you $14,000, which ration. is your share of the interest. you used as your home for many years. Before In addition to the maintenance fees paid to 3. Multiply the corporation's deductible taxes changing the property to rental use this year, the cooperative housing corporation, you can by the number you figured in (1). This is you added $28,000 of permanent improve- deduct your direct payments for repairs, up- your share of the taxes. ments to the house and claimed a $3,500 casu- keep, and other rental expenses, including in- alty loss deduction for damage to the house. terest paid on a loan used to buy your stock in Part of the improvements qualified for a $500 the corporation. residential energy credit, which you claimed on a prior year tax return. Because land isn’t de- Property Changed to Depreciation preciable, you can only include the cost of the house when figuring the basis for depreciation. Rental Use You will be depreciating your stock in the corpo- The adjusted basis of the house at the time of the change in its use was $164,000 ration rather than the apartment itself. Figure If you change your home or other property (or a ($140,000 + $28,000 − $3,500 − $500). your depreciation deduction as follows. part of it) to rental use at any time other than the On the date of the change in use, your prop- 1. Figure the depreciation for all the depreci- beginning of your tax year, you must divide erty had a FMV of $168,000, of which $21,000 able real property owned by the corpora- yearly expenses, such as taxes and insurance, was for the land and $147,000 was for the tion. (Depreciation methods are discussed between rental use and personal use. house. in chapter 2 of this publication and Pub. You can deduct as rental expenses only the The basis for depreciation on the house is 946.) If you bought your cooperative stock part of the expense that is for the part of the the FMV on the date of the change ($147,000) after its first offering, figure the deprecia- year the property was used or held for rental ble basis of this property as follows. purposes. Chapter 4 Special Situations Page 15 |
Page 16 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. because it is less than your adjusted basis You can’t deduct any part of the cost of the tate taxes, and casualty losses from your ($164,000). first phone line even if your tenants have unlimi- not-for-profit rental activity when figuring the ted use of it. amount you can deduct on Schedule A. Cooperatives You don’t have to divide the expenses that belong only to the rental part of your property. Presumption of profit. If your rental income is If you change your cooperative apartment to For example, if you paint a room that you rent or more than your rental expenses for at least 3 rental use, figure your allowable depreciation as pay premiums for liability insurance in connec- years out of a period of 5 consecutive years, explained earlier. (Depreciation methods are tion with renting a room in your home, your en- you are presumed to be renting your property to discussed in chapter 2 of this publication and tire cost is a rental expense. If you install a sec- make a profit. Pub. 946.) The basis of all the depreciable real ond phone line strictly for your tenant's use, all Postponing decision. If you are starting property owned by the cooperative housing cor- the cost of the second line is deductible as a your rental activity and don’t have 3 years poration is the smaller of the following amounts. rental expense. You can deduct depreciation on showing a profit, you can elect to have the pre- • The FMV of the property on the date you the part of the house used for rental purposes sumption made after you have the 5 years of change your apartment to rental use. This as well as on the furniture and equipment you experience required by the test. You may is considered to be the same as the corpo- use for rental purposes. choose to postpone the decision of whether the ration's adjusted basis minus straight line rental is for profit by filing Form 5213. You must depreciation, unless this value is unrealis- How to divide expenses. If an expense is for file Form 5213 within 3 years after the due date tic. both rental use and personal use, such as mort- of your return (determined without extensions) • The corporation's adjusted basis in the gage interest or heat for the entire house, you for the year in which you first carried on the ac- property on that date. Don’t subtract de- must divide the expense between rental use tivity or, if earlier, within 60 days after receiving preciation when figuring the corporation's and personal use. You can use any reasonable written notice from the IRS proposing to disal- adjusted basis. method for dividing the expense. It may be rea- low deductions attributable to the activity. sonable to divide the cost of some items (for ex- If you bought the stock after its first offering, ample, water) based on the number of people More information. For more information about the corporation's adjusted basis in the property using them. The two most common methods for the rules for an activity not engaged in for profit, is the amount figured in (1) under Depreciation, dividing an expense are (1) the number of see Not-for-Profit Activities in chapter 1 of Pub. earlier. The FMV of the property is considered rooms in your home, and (2) the square footage 535. to be the same as the corporation's adjusted of your home. basis figured in this way minus straight line de- preciation, unless the value is unrealistic. Example. You rent a room in your house. Example—Property The room is 12 × 15 feet, or 180 square feet. Figuring the Depreciation Your entire house has 1,800 square feet of floor Changed to Rental Use space. You can deduct as a rental expense Deduction 10% of any expense that must be divided be- In January, Eileen bought a condominium apart- tween rental use and personal use. If your heat- ment to live in. Instead of selling the house she To figure the deduction, use the depreciation ing bill for the year for the entire house was had been living in, she decided to change it to system in effect when you convert your resi- $600, $60 ($600 × 10% (0.10)) is a rental ex- rental property. Eileen selected a tenant and dence to rental use. Generally, that will be pense. The balance, $540, is a personal ex- started renting the house on February 1. Eileen MACRS for any conversion after 1986. Treat pense that you can’t deduct. charges $750 a month for rent and collects it the property as placed in service on the conver- herself. Eileen also received a $750 security sion date. Duplex. A common situation is the duplex deposit from her tenant. Because she plans to where you live in one unit and rent out the other. return it to her tenant at the end of the lease, Example. Your converted residence (see Certain expenses apply to the entire property, she doesn’t include it in her income. Her rental the previous example under Figuring the basis, such as mortgage interest and real estate expenses for the year are as follows. earlier) was available for rent on August 1. Us- taxes, and must be split to determine rental and ing Table 2-2d (see chapter 2), the percentage personal expenses. Mortgage interest . . . . . . . . . . . . . . . . $1,800 for Year 1 beginning in August is 1.364% and Fire insurance (1-year policy) . . . . . . . . 100 the depreciation deduction for Year 1 is $2,005 Example. You own a duplex and live in one Miscellaneous repairs (after renting) . . . 297 ($147,000 × 0.01364). half, renting out the other half. Both units are Real estate taxes imposed and paid . . . 1,200 approximately the same size. Last year, you paid a total of $10,000 mortgage interest and Eileen must divide the real estate taxes, Renting Part of Property $2,000 real estate taxes for the entire property. mortgage interest, and fire insurance between You can deduct $5,000 mortgage interest and the personal use of the property and the rental If you rent part of your property, you must divide $1,000 real estate taxes on Schedule E. If you use of the property. She can deduct certain expenses between the part of the prop- itemize your deductions, include the other eleven-twelfths of these expenses as rental ex- erty used for rental purposes and the part of the $5,000 mortgage interest and $1,000 real es- penses. She can include the balance of the real property used for personal purposes, as though tate taxes when figuring the amount you can estate taxes and mortgage interest when figur- you actually had two separate pieces of prop- deduct on Schedule A. ing the amount she can deduct on Schedule A if erty. she itemizes. She can’t deduct the balance of the fire insurance because it is a personal ex- You can deduct the expenses related to the pense. part of the property used for rental purposes, Not Rented for Profit such as home mortgage interest and real estate Eileen bought this house in 1987 for taxes, as rental expenses on Schedule E (Form If you don’t rent your property to make a profit, $35,000. Her property tax was based on as- 1040). You can also deduct as rental expenses you can’t deduct rental expenses in excess of sessed values of $10,000 for the land and a portion of other expenses that are normally the amount of your rental income. You can’t de- $25,000 for the house. Before changing it to nondeductible personal expenses, such as ex- duct a loss or carry forward to the next year any rental property, Eileen added several improve- penses for electricity or painting the outside of rental expenses that are more than your rental ments to the house. She figures her adjusted the house. income for the year. basis as follows. There is no change in the types of expenses Where to report. Report your not-for-profit deductible for the personal-use part of your rental income on Schedule 1 (Form 1040), property. Generally, these expenses may be line 8j. If you itemize your deductions, include deducted only if you itemize your deductions on your mortgage interest (if you use the property Schedule A (Form 1040). as your main home or second home), real es- Page 16 Chapter 4 Special Situations |
Page 17 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Improvements Cost must use Form 4562 to figure the depreciation. House . . . . . . . . . . . . . . . . . . . . . . . $25,000 See the Instructions for Form 4562 for more in- Remodeled kitchen . . . . . . . . . . . . . . 4,200 formation on preparing the form. Dividing Expenses Recreation room . . . . . . . . . . . . . . . 5,800 New roof . . . . . . . . . . . . . . . . . . . . . 1,600 If you use a dwelling unit for both rental and per- Patio and deck . . . . . . . . . . . . . . . . . 2,400 sonal purposes, divide your expenses between Adjusted basis. . . . . . . . . . . . $39,000 the rental use and the personal use based on the number of days used for each purpose. On February 1, when Eileen changed her When dividing your expenses, follow these house to rental property, the property had an 5. rules. FMV of $152,000. Of this amount, $35,000 was • Any day that the unit is rented at a fair for the land and $117,000 was for the house. rental price is a day of rental use even if you used the unit for personal purposes Because Eileen's adjusted basis is less than Personal Use of that day. (This rule doesn’t apply when de- the FMV on the date of the change, Eileen uses termining whether you used the unit as a $39,000 as her basis for depreciation. home.) Dwelling Unit As specified for residential rental property, • Any day that the unit is available for rent but not actually rented isn’t a day of rental Eileen must use the straight line method of de- (Including use. preciation over the GDS or ADS recovery pe- riod. She chooses the GDS recovery period of Fair rental price. A fair rental price for your 27.5 years. Vacation Home) property is generally the amount of rent that a person who isn’t related to you would be willing She uses Table 2-2d to find her depreciation If you have any personal use of a dwelling unit to pay. The rent you charge isn’t a fair rental percentage. Because she placed the property (including a vacation home) that you rent, you price if it is substantially less than the rents in service in February, the percentage is must divide your expenses between rental use charged for other properties that are similar to 3.182%. and personal use. In general, your rental expen- your property in your area. On April 1, Eileen bought a new dishwasher ses will be no more than your total expenses Ask yourself the following questions when for the rental property at a cost of $425. The multiplied by a fraction, the denominator of comparing another property with yours. dishwasher is personal property used in a rental which is the total number of days the dwelling • Is it used for the same purpose? real estate activity, which has a 5-year recovery unit is used and the numerator of which is the • Is it approximately the same size? period. She uses Table 2-2a to find the depreci- total number of days actually rented at a fair • Is it in approximately the same condition? ation percentage for Year 1 under “Half-year rental price. Only your rental expenses may be • Does it have similar furnishings? convention” (20%) to figure her depreciation de- deducted on Schedule E (Form 1040). Some of • Is it in a similar location? duction. your personal expenses may be deductible on Schedule A (Form 1040) if you itemize your de- If any of the answers are no, the properties On May 1, Eileen paid $4,000 to have a fur- ductions. probably aren’t similar. nace installed in the house. The furnace is resi- dential rental property. Because she placed the You must also determine if the dwelling unit is Example. Your beach cottage was availa- property in service in May, the depreciation per- considered a home. The amount of rental ex- ble for rent from June 1 through August 31 (92 centage from Table 2-2d is 2.273%. penses that you can deduct may be limited if days). Except for the first week in August (7 the dwelling unit is considered a home. days), when you were unable to find a renter, Eileen figures her net rental income or loss Whether a dwelling unit is considered a home you rented the cottage at a fair rental price dur- for the house as follows. depends on how many days during the year are ing that time. The person who rented the cot- considered to be days of personal use. There is tage for July allowed you to use it over the Total rental income received a special rule if you used the dwelling unit as a weekend (2 days) without any reduction in or ($750 × 11) . . . . . . . . . . . . . . . . . . . . . $8,250 home and you rented it for less than 15 days refund of rent. Your family also used the cottage Minus: Expenses during the year. during the last 2 weeks of May (14 days). The Mortgage interest ($1,800 × cottage wasn’t used at all before May 17 or af- 11 12/ ) . . . . . . . . . . . . . . . . . . . $1,650 Dwelling unit. A dwelling unit includes a ter August 31. Fire insurance ($100 × house, apartment, condominium, mobile home, 11 12/ ) . . . . . . . . . . . . . . . . . . . 92 boat, vacation home, or similar property. It also You figure the part of the cottage expenses Miscellaneous repairs . . . . . . 297 includes all structures or other property belong- to treat as rental expenses as follows. Real estate taxes ($1,200 × ing to the dwelling unit. A dwelling unit has ba- • The cottage was used for rental a total of 11 12/ ) . . . . . . . . . . . . . . . . . . . 1,100 sic living accommodations, such as sleeping 85 days (92 − 7). The days it was available Total expenses . . . . . . . . . . . . . . . . . . 3,139 space, a toilet, and cooking facilities. for rent but not rented (7 days) aren’t days Balance . . . . . . . . . . . . . . . . . . . . . . . . . $5,111 A dwelling unit doesn’t include property (or of rental use. The July weekend (2 days) part of the property) used solely as a hotel, mo- you used it is rental use because you re- Minus: Depreciation tel, inn, or similar establishment. Property is ceived a fair rental price for the weekend. House ($39,000 × used solely as a hotel, motel, inn, or similar es- • You used the cottage for personal purpo- 0.03182) . . . . . . . . . . . . . . . . $1,241 tablishment if it is regularly available for occu- ses for 14 days (the last 2 weeks in May). Dishwasher ($425 × pancy by paying customers and isn’t used by • The total use of the cottage was 99 days 0.20) . . . . . . . . . . . . . . . . . . . 85 an owner as a home during the year. (14 days personal use + 85 days rental Furnace ($4,000 × use). 0.02273) . . . . . . . . . . . . . . . . 91 Example. You rent a room in your home • Your rental expenses are 85/99 (86%) of Total depreciation . . . . . . . . . . . . . . . . 1,417 that is always available for short-term occu- the cottage expenses. Net rental income for pancy by paying customers. You don’t use the house . . . . . . . . . . . . . . $3,694 room yourself and you allow only paying cus- Note. When determining whether you used tomers to use the room. This room is used the cottage as a home, the July weekend (2 solely as a hotel, motel, inn, or similar establish- days) you used it is considered personal use Eileen uses Schedule E, Part I, to report her ment and isn’t a dwelling unit. even though you received a fair rental price for rental income and expenses. She enters her in- the weekend. Therefore, you had 16 days of come, expenses, and depreciation for the personal use and 83 days of rental use for this house in the column for Property A. Because all property was placed in service this year, Eileen Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) Page 17 |
Page 18 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. purpose. Because you used the cottage for per- Donation of use of the property. You use day during the week. The main purpose of be- sonal purposes more than 14 days and more a dwelling unit for personal purposes if: ing at the cabin that week is to do maintenance than 10% of the days of rental use (8 days), you • You donate the use of the unit to a charita- work. Therefore, the use of the cabin during the used it as a home. If you have a net loss, you ble organization, week by Corey and his family won’t be consid- may not be able to deduct all of the rental ex- • The organization sells the use of the unit at ered personal use by Corey. penses. See Dwelling Unit Used as a Home a fundraising event, and next. • The “purchaser” uses the unit. Days used as a main home before or af- ter renting. For purposes of determining Examples. The following examples show whether a dwelling unit was used as a home, how to determine if you have days of personal you may not have to count days you used the Dwelling Unit Used as a use. property as your main home before or after rent- Home ing it or offering it for rent as days of personal Example 1. You and your neighbor are use. Don’t count them as days of personal use If you use a dwelling unit for both rental and per- co-owners of a condominium at the beach. Last if: sonal purposes, the tax treatment of the rental year, you rented the unit to vacationers when- • You rented or tried to rent the property for expenses you figured earlier under Dividing Ex- ever possible. The unit wasn’t used as a main 12 or more consecutive months, or penses and rental income depends on whether home by anyone. Your neighbor used the unit • You rented or tried to rent the property for you are considered to be using the dwelling unit for 2 weeks last year; you didn’t use it at all. a period of less than 12 consecutive as a home. Because your neighbor has an interest in months and the period ended because you the unit, both of you are considered to have sold or exchanged the property. You use a dwelling unit as a home during used the unit for personal purposes during However, this special rule doesn’t apply when the tax year if you use it for personal purposes those 2 weeks. dividing expenses between rental and personal more than the greater of: use. See Property Changed to Rental Use in Example 2. You and your neighbors are 1. 14 days, or co-owners of a house under a shared equity fi- chapter 4. 2. 10% of the total days it is rented to others nancing agreement. Your neighbors live in the Example 1. On February 28, 2021, you at a fair rental price. house and pay you a fair rental price. moved out of the house you had lived in for 6 Even though your neighbors have an inter- years because you accepted a job in another See What is a day of personal use, later. est in the house, the days your neighbors live town. You rented your house at a fair rental If a dwelling unit is used for personal purpo- there aren’t counted as days of personal use by price from March 15, 2021, to May 14, 2022 (14 ses on a day it is rented at a fair rental price you. This is because your neighbors rent the months). On June 1, 2022, you moved back (discussed earlier), don’t count that day as a house as their main home under a shared into your old house. day of rental use in applying (2) above. Instead, equity financing agreement. The days you used the house as your main count it as a day of personal use in applying home from January 1 to February 28, 2021, and both (1) and (2) above. Example 3. You own a rental property that you rent to your son. Your son doesn’t own any from June 1 to December 31, 2022, aren’t coun- What is a day of personal use? A day of per- interest in this property. He uses it as his main ted as days of personal use. Therefore, you sonal use of a dwelling unit is any day that the home and pays you a fair rental price. would use the rules in chapter 1 when figuring unit is used by any of the following persons. Your son's use of the property isn’t personal your rental income and expenses. use by you because your son is using it as his Example 2. On January 31, you moved out 1. You or any other person who owns an in- main home, he owns no interest in the property, of the condominium where you had lived for 3 terest in it, unless you rent it to another and he is paying you a fair rental price. years. You offered it for rent at a fair rental price owner as their main home under a shared equity financing agreement (defined later). Example 4. You rent your beach house to beginning on February 1. You were unable to However, see Days used as a main home Rosa. Rosa rents her cabin in the mountains to rent it until April. On September 15, you sold the before or after renting, later. you. You each pay a fair rental price. condominium. 2. A member of your family or a member of You are using your beach house for per- The days you used the condominium as the family of any other person who owns sonal purposes on the days that Rosa uses it your main home from January 1 to January 31 an interest in it, unless the family member because your house is used by Rosa under an aren’t counted as days of personal use when uses the dwelling unit as their main home arrangement that allows you to use her cabin. determining whether you used it as a home. and pays a fair rental price. Family in- Examples. The following examples show how cludes only your spouse, siblings, half sib- Example 5. You rent an apartment to your lings, ancestors (parents, grandparents, mother at less than a fair rental price. You are to determine whether you used your rental etc.), and lineal descendants (children, using the apartment for personal purposes on property as a home. grandchildren, etc.). the days that your mother rents it because you Example 1. You converted the basement rent it for less than a fair rental price. 3. Anyone under an arrangement that lets of your home into an apartment with a bedroom, you use some other dwelling unit. Days used for repairs and maintenance. a bathroom, and a small kitchen. You rented the Any day that you spend working substantially basement apartment at a fair rental price to col- 4. Anyone at less than a fair rental price. full time repairing and maintaining (not improv- lege students during the regular school year. Main home. If the other person or member ing) your property isn’t counted as a day of per- You rented to them on a 9-month lease (273 of the family in (1) or (2) has more than one sonal use. Don’t count such a day as a day of days). You figured 10% of the total days rented home, their main home is ordinarily the one they personal use even if family members use the to others at a fair rental price is 27 days. lived in most of the time. property for recreational purposes on the same During June (30 days), your brothers stayed day. with you and lived in the basement apartment Shared equity financing agreement. This rent free. is an agreement under which two or more per- Example. Corey owns a cabin in the moun- Your basement apartment was used as a sons acquire undivided interests for more than tains that he rents for most of the year. He home because you used it for personal purpo- 50 years in an entire dwelling unit, including the spends a week at the cabin with family mem- ses for 30 days. Rent-free use by your brothers land, and one or more of the co-owners is enti- bers. Corey works on maintenance of the cabin is considered personal use. Your personal use tled to occupy the unit as their main home upon 3 or 4 hours each day during the week and (30 days) is more than the greater of 14 days or payment of rent to the other co-owner(s). spends the rest of the time fishing, hiking, and 10% of the total days it was rented (27 days). relaxing. Corey's family members, however, work substantially full time on the cabin each Page 18 Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) |
Page 19 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 2. You rented the guest bedroom than your rental income, some or all of the ex- Expenses. The expenses for personal use in your home at a fair rental price during the lo- cess expenses can’t be used to offset income aren’t deductible as rental expenses. cal college's homecoming, commencement, from other sources. The excess expenses that Your deductible rental expenses can be and football weekends (a total of 27 days). Your can’t be used to offset income from other sour- more than your gross rental income; however, sister-in-law stayed in the room rent free for the ces are carried forward to the next year and see Limits on Rental Losses in chapter 3. last 3 weeks (21 days) in July. You figured 10% treated as rental expenses for the same prop- of the total days rented to others at a fair rental erty. Any expenses carried forward to the next Used as a home but rented less than 15 price is 3 days. year will be subject to any limits that apply for days. If you use a dwelling unit as a home and The room was used as a home because you that year. This limitation will apply to expenses you rent it less than 15 days during the year, its used it for personal purposes for 21 days. That carried forward to another year even if you don’t primary function isn’t considered to be rental is more than the greater of 14 days or 10% of use the property as your home for that subse- and it shouldn’t be reported on Schedule E the 27 days it was rented (3 days). quent year. (Form 1040). You aren’t required to report the To figure your deductible rental expenses rental income and rental expenses from this ac- Example 3. You own a condominium apart- for this year and any carryover to next year, use tivity. Any expenses related to the home, such ment in a resort area. You rented it at a fair Worksheet 5-1. as mortgage interest, property taxes, and any rental price for a total of 170 days during the qualified casualty loss, will be reported as nor- year. For 12 of these days, the tenant wasn’t mally allowed on Schedule A (Form 1040). See the Instructions for Schedule A for more infor- able to use the apartment and allowed you to Reporting Income and mation on deducting these expenses. use it even though you didn’t refund any of the rent. Your family actually used the apartment for Deductions Used as a home and rented 15 days or 10 of those days. Therefore, the apartment is more. If you use a dwelling unit as a home and treated as having been rented for 160 (170 – Property not used for personal purposes. If rent it 15 days or more during the year, include 10) days. You figured 10% of the total days ren- you don’t use a dwelling unit for personal purpo- all your rental income in your income. Because ted to others at a fair rental price is 16 days. ses, see chapter 3 for how to report your rental you used the dwelling unit for personal purpo- Your family also used the apartment for 7 other income and expenses. ses, you must divide your expenses between days during the year. the rental use and the personal use as descri- You used the apartment as a home because Property used for personal purposes. If you bed earlier in this chapter under Dividing Ex- you used it for personal purposes for 17 days. do use a dwelling unit for personal purposes, penses. The expenses for personal use aren’t That is more than the greater of 14 days or 10% then how you report your rental income and ex- deductible as rental expenses. of the 160 days it was rented (16 days). penses depends on whether you used the If you had a net profit from renting the dwell- dwelling unit as a home. ing unit for the year (that is, if your rental income Minimal rental use. If you use the dwelling is more than the total of your rental expenses, unit as a home and you rent it less than 15 days Not used as a home. If you use a dwelling during the year, that period isn’t treated as unit for personal purposes, but not as a home, including depreciation), deduct all of your rental rental activity. See Used as a home but rented report all the rental income in your income. Be- expenses. You don’t need to use Worksheet less than 15 days, later, for more information. cause you used the dwelling unit for personal 5-1. purposes, you must divide your expenses be- However, if you had a net loss from renting Limit on deductions. Renting a dwelling unit tween the rental use and the personal use as the dwelling unit for the year, your deduction for that is considered a home isn’t a passive activ- described earlier in this chapter under Dividing certain rental expenses is limited. To figure your deductible rental expenses and any carryover ity. Instead, if your rental expenses are more to next year, use Worksheet 5-1. Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) Page 19 |
Page 20 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 5-1. Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Keep for Your Records Use this worksheet only if you answer “Yes” to all of the following questions. • Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home.) • Did you rent the dwelling unit at a fair rental price 15 days or more this year? • Is the total of your rental expenses and depreciation more than your rental income? PART I. Rental Use Percentage A. Total days available for rent at fair rental price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. Total days available for rent (line A) but not rented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. C. Total days of rental use. Subtract line B from line A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. D. Total days of personal use (including days rented at less than fair rental price) . . . . . . . . . D. E. Total days of rental and personal use. Add lines C and D . . . . . . . . . . . . . . . . . . . . . . . . . E. F. Percentage of expenses allowed for rental. Divide line C by line E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. . PART II. Allowable Rental Expenses 1. Enter rents received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2a. Enter the rental portion of deductible home mortgage interest. See instructions . . . . . . . . . . . 2a. b. Enter the rental portion of deductible real estate taxes. See instructions . . . . . . . . . . . . . . . . . b. c. Enter the rental portion of deductible casualty and theft losses. See instructions . . . . . . . . . . c. d. Enter direct rental expenses. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Fully deductible rental expenses. Add lines 2a–2d. Enter here and on the appropriate lines on Schedule E. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e. 3. Subtract line 2e from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4a. Enter the rental portion of expenses directly related to operating or maintaining the dwelling unit (such as repairs, insurance, and utilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4a. b. Enter the rental portion of excess mortgage interest. See instructions . . . . . . . . . . . . . . . . . . b. c. Enter the rental portion of excess real estate taxes. See instructions . . . . . . . . . . . . . . . . . . . c. d. Carryover of operating expenses from 2021 worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Add lines 4a–4d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. f. Allowable expenses. Enter the smaller of line 3 or line 4e. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4f. 5. Subtract line 4f from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6a. Enter the rental portion of excess casualty and theft losses. See instructions . . . . . . . . . . . . . 6a. b. Enter the rental portion of depreciation of the dwelling unit . . . . . . . . . . . . . . . . . . . . . . . . . . . b. c. Carryover of excess casualty and theft losses and depreciation from 2021 worksheet . . . . . . c. d. Add lines 6a–6c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. e. Allowable excess casualty and theft losses and depreciation. Enter the smaller of line 5 or line 6d. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6e. PART III. Carryover of Unallowed Expenses to Next Year 7a. Operating expenses to be carried over to next year. Subtract line 4f from line 4e . . . . . . . . . . . . . . . . . . . . . . 7a. b. Excess casualty and theft losses and depreciation to be carried over to next year. Subtract line 6e from line 6d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Page 20 Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) |
Page 21 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 5-1 Instructions. Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Keep for Your Records Caution. Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4c, and 6a–6b of Part II. Line 2a. If you are claiming the standard deduction, do not report an amount on line 2a; instead, report the rental portion of your mortgage interest on line 4b. If you are itemizing your deductions on Schedule A, figure the amount of mortgage interest to include on line 2a by using the following steps. Step 1. Treat all the mortgage interest you paid for mortgages secured by your home(s) as a personal expense and figure the amount that would be deductible as an itemized expense on Schedule A. See Pub. 936 for more information about figuring the home mortgage interest deduction and the limits that may apply. Step 2. Include on line 2a the rental portion of deductible mortgage interest figured in Step 1 that is attributable to the home you are renting. Note. Be sure to claim only the personal portion of your deductible mortgage interest on Schedule A. The personal portion of mortgage interest on the dwelling unit doesn't include the rental portion you reported on line 2a of this Worksheet 5-1 or any portion that you deducted on other forms, such as Schedule C or F. Line 2b. If you are claiming the standard deduction, do not report an amount on line 2b; instead, report the rental portion of your real estate taxes on line 4c. If you are itemizing your deductions on Schedule A, figure the amount to report on line 2b by using the following steps. Step 1. If the total of your state and local income (or, if elected on your Schedule A, general sales) taxes, real estate taxes, and personal property taxes is not more than $10,000 ($5,000 if married filing separately), enter the rental portion of the real estate taxes attributable to the dwelling unit you are renting on line 2b. Step 2. If you do not meet the condition of Step 1, use the following worksheet to figure the amount to include on line 2b. Line 2b Worksheet 1. Enter your state and local income taxes (or, if you elect on Schedule A, your state and local general sales taxes) that are personal expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Enter all the state and local real estate taxes you paid on the dwelling unit you are renting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Enter any other state and local real estate taxes you paid that are a personal expense and not included on line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Enter your state and local personal property taxes that are a personal expense . . . . . . . 5. Add lines 1 through 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Multiply line 2 by the percentage of expenses allowed for rental (Part I, line F) . . . . . . . . 7. Subtract line 6 from line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Subtract line 7 from $10,000 ($5,000 if married filing separately). If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Real estate taxes reported on line 2b. Enter the smaller of line 6 or line 8 here and on line 2b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Excess real estate taxes reported on line 4c. Subtract line 9 from line 6 . . . . . . . . . . Note. Be sure to report only the personal portion of your real estate taxes on line 5b of Schedule A. The personal portion of real estate taxes on the dwelling unit doesn't include the rental portion you reported on line 2b of this Worksheet 5-1 or any portion that you deducted on other forms, such as Schedule C or F. Line 2c. If you are claiming the standard deduction and you are not increasing your standard deduction by a net qualified disaster loss, do not report an amount on line 2c; instead, report the rental portion of your casualty losses on line 6a. If you are itemizing your deductions on Schedule A or filing a Schedule A to increase your standard deduction by a net qualified disaster loss, figure the amount to report on line 2c by using the following steps. Step 1. Complete a worksheet version of Section A of Form 4684 treating all your casualty losses (and gains) as personal expenses. If you are itemizing your deductions, when completing line 17 of this worksheet version of Form 4684, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. Don't file this worksheet version of Form 4684; instead, keep it for your records. You will complete a separate Form 4684 to attach to your return using only the personal portion of your casualty losses (and gains) for Section A. Step 2. Include on line 2c the rental portion of the loss amounts from lines 15 and 18 of this worksheet version of Form 4684 that are the result of a federally declared disaster. If you are claiming an increased standard deduction instead of itemizing your deductions, only use the rental portion of a net qualified disaster loss on line 15 of the worksheet version of Form 4684 for this Step 2. Note. Be sure to use only the personal portion of your casualty losses (and gains) when completing Section A of the separate Form 4684 you attach to your return. The separate Form 4684 you attach to your return is used to figure the casualty losses you can include on line 15 of Schedule A and the net qualified disaster losses you can include on line 16 of Schedule A. You will report casualty and theft losses attributable to your rental activity in Section B of the separate Form 4684 you attach to your return. Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) Page 21 |
Page 22 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 5-1 Instructions—Continued Line 2d. Enter the total of your rental expenses that are directly related only to the rental activity. These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. Also, include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity. Line 2e. You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses even if your rental expenses are more than your rental income. Enter the amounts on lines 2a, 2b, and 2d on the appropriate lines of Schedule E. Include the amount from line 2c with the casualty loss from line 6e, if any, in Section B of Form 4684, on line 27, and enter “See attached statement” above line 27. Attach a statement to your tax return showing how you calculated the deductible loss (you can use the worksheet as your attachment). Line 4b. If you are claiming the standard deduction, enter the rental portion of all the home mortgage interest paid for loans used to buy, build, or substantially improve the dwelling unit you are renting on line 4b. Do not include mortgage interest on a loan that did not benefit the dwelling unit (for example, a home equity loan used to pay off credit card bills, to buy a car, or to pay tuition costs). If you are itemizing your deductions and the amount you figured in Step 1 under Line 2a was less than the full amount of interest you paid because of the limits on deducting home mortgage interest as a personal expense, include on line 4b the rental portion of the excess attributable to the loans used to buy, build, or substantially improve the dwelling unit you rented. Line 4c. If you are claiming the standard deduction, enter the rental portion of all the real estate taxes paid on the dwelling unit you rented. If you are itemizing your deductions and you used the Line 2b Worksheet to figure the amount to include on line 2b, then include the amount from line 10 of the Line 2b Worksheet on line 4c; otherwise, do not enter an amount on line 4c. Line 4f. You can deduct the amounts on lines 4a, 4b, 4c, and 4d as rental expenses on Schedule E only to the extent they aren’t more than the amount on line 4f.* Line 6a. If you are claiming the standard deduction and not increasing it by a net qualified disaster loss, enter the rental portion of all casualty losses attributable to the dwelling unit you rented. If you are itemizing your deductions on Schedule A or filing a Schedule A to increase your standard deduction by a net qualified disaster loss, enter the rental portion of the casualty losses attributable to the dwelling unit you rented that are in excess of the amount you figured on lines 15 and 18 of your worksheet version of Form 4684. Line 6e. You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses only to the extent they aren’t more than the amount on line 6e.* Include the depreciation from line 6e, if any, on the appropriate line of Schedule E. Include the casualty loss from line 6e, if any, with the casualty loss from line 2c in Section B of Form 4684, on line 27, and enter “See attached statement” above line 27. Attach a statement to your tax return showing how you calculated the deductible loss (you can use the worksheet as your attachment). * Allocating the limited deduction. If you can’t deduct all of the amount on line 4e or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4e or 6d. Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I, or if a casualty loss, as instructed earlier on Form 4684, line 27. Page 22 Chapter 5 Personal Use of Dwelling Unit (Including Vacation Home) |
Page 23 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Using online tools to help prepare your re- Employers can register to use Business turn. Go to IRS.gov/Tools for the following. Services Online. The Social Security Adminis- • The Earned Income Tax Credit Assistant tration (SSA) offers online service at SSA.gov/ 6. (IRS.gov/EITCAssistant) determines if employer for fast, free, and secure online W-2 you’re eligible for the earned income credit filing options to CPAs, accountants, enrolled (EIC). agents, and individuals who process Form W-2, • The Online EIN Application IRS.gov/EIN ( ) Wage and Tax Statement, and Form W-2c, How To Get Tax helps you get an employer identification Corrected Wage and Tax Statement. number (EIN) at no cost. Help • The Tax Withholding Estimator IRS.gov/ ( IRS social media. 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On IRS.gov, you can get You can prepare the tax return yourself, see if up-to-date information on current Watching IRS videos. The IRS Video portal you qualify for free tax preparation, or hire a tax events and changes in tax law. (IRSVideos.gov) contains video and audio pre- professional to prepare your return. • IRS.gov/Help: A variety of tools to help you sentations for individuals, small businesses, get answers to some of the most common and tax professionals. Free options for tax preparation. Go to tax questions. Online tax information in other languages. IRS.gov to see your options for preparing and • IRS.gov/ITA: The Interactive Tax Assistant, You can find information on IRS.gov/ filing your return online or in your local commun- a tool that will ask you questions and, MyLanguage if English isn’t your native lan- ity, if you qualify, which include the following. based on your input, provide answers on a guage. • Free File. This program lets you prepare number of tax law topics. and file your federal individual income tax • IRS.gov/Forms: Find forms, instructions, Free Over-the-Phone Interpreter (OPI) Serv- return for free using brand-name tax-prep- and publications. You will find details on ice. The IRS is committed to serving our multi- aration-and-filing software or Free File filla- the most recent tax changes and interac- lingual customers by offering OPI services. The ble forms. However, state tax preparation tive links to help you find answers to your OPI Service is a federally funded program and may not be available through Free File. Go questions. is available at Taxpayer Assistance Centers to IRS.gov/FreeFile to see if you qualify for • You may also be able to access tax law in- (TACs), other IRS offices, and every VITA/TCE free online federal tax preparation, e-filing, formation in your electronic filing software. return site. The OPI Service is accessible in and direct deposit or payment options. • VITA. The Volunteer Income Tax Assis- more than 350 languages. tance (VITA) program offers free tax help Need someone to prepare your tax return? to people with low-to-moderate incomes, There are various types of tax return preparers, Accessibility Helpline available for taxpay- persons with disabilities, and limited-Eng- including enrolled agents, certified public ac- ers with disabilities. Taxpayers who need in- lish-speaking taxpayers who need help countants (CPAs), accountants, and many oth- formation about accessibility services can call preparing their own tax returns. Go to ers who don’t have professional credentials. If 833-690-0598. The Accessibility Helpline can IRS.gov/VITA, download the free IRS2Go you choose to have someone prepare your tax answer questions related to current and future app, or call 800-906-9887 for information return, choose that preparer wisely. A paid tax accessibility products and services available in on free tax return preparation. preparer is: alternative media formats (for example, braille, • TCE. The Tax Counseling for the Elderly • Primarily responsible for the overall sub- large print, audio, etc.). The Accessibility Help- (TCE) program offers free tax help for all stantive accuracy of your return, line does not have access to your IRS account. taxpayers, particularly those who are 60 • Required to sign the return, and For help with tax law, refunds, or account-rela- years of age and older. TCE volunteers • Required to include their preparer tax iden- ted issues, go to IRS.gov/LetUsHelp. specialize in answering questions about tification number (PTIN). Note. Form 9000, Alternative Media Prefer- pensions and retirement-related issues ence, or Form 9000(SP) allows you to elect to unique to seniors. Go to IRS.gov/TCE, Although the tax preparer always signs the re- download the free IRS2Go app, or call turn, you're ultimately responsible for providing receive certain types of written correspondence 888-227-7669 for information on free tax all the information required for the preparer to in the following formats. return preparation. accurately prepare your return. Anyone paid to • Standard Print. • MilTax. Members of the U.S. Armed prepare tax returns for others should have a • Large Print. Forces and qualified veterans may use Mil- thorough understanding of tax matters. For • Braille. Tax, a free tax service offered by the De- more information on how to choose a tax pre- partment of Defense through Military One- parer, go to Tips for Choosing a Tax Preparer • Audio (MP3). Source. For more information, go to on IRS.gov. • Plain Text File (TXT). MilitaryOneSource MilitaryOneSource.mil/ ( MilTax). Coronavirus. Go to IRS.gov/Coronavirus for • Braille Ready File (BRF). Also, the IRS offers Free Fillable links to information on the impact of the corona- Forms, which can be completed online and virus, as well as tax relief available for individu- Disasters. Go to Disaster Assistance and then filed electronically regardless of in- als and families, small and large businesses, Emergency Relief for Individuals and come. and tax-exempt organizations. Chapter 6 How To Get Tax Help Page 23 |
Page 24 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Businesses to review the available disaster tax fected if your SSN is used to file a fraudu- and faster than mailing in a check or money or- relief. lent return or to claim a refund or credit. der. Getting tax forms and publications. Go to • The IRS doesn’t initiate contact with tax- payers by email, text messages (including What if I can’t pay now? Go to IRS.gov/ IRS.gov/Forms to view, download, or print all shortened links), telephone calls, or social Payments for more information about your op- the forms, instructions, and publications you media channels to request or verify per- tions. may need. Or, you can go to IRS.gov/ sonal or financial information. This in- • Apply for an online payment agreement OrderForms to place an order. cludes requests for personal identification (IRS.gov/OPA) to meet your tax obligation Getting tax publications and instructions in numbers (PINs), passwords, or similar in- in monthly installments if you can’t pay eBook format. You can also download and formation for credit cards, banks, or other your taxes in full today. Once you complete view popular tax publications and instructions financial accounts. the online process, you will receive imme- (including the Instructions for Form 1040) on • Go to IRS.gov/IdentityTheft, the IRS Iden- diate notification of whether your agree- mobile devices as eBooks at IRS.gov/eBooks. tity Theft Central webpage, for information ment has been approved. on identity theft and data security protec- • Use the Offer in Compromise Pre-Qualifier Note. IRS eBooks have been tested using tion for taxpayers, tax professionals, and to see if you can settle your tax debt for Apple's iBooks for iPad. Our eBooks haven’t businesses. If your SSN has been lost or less than the full amount you owe. For been tested on other dedicated eBook readers, stolen or you suspect you’re a victim of more information on the Offer in Compro- and eBook functionality may not operate as in- tax-related identity theft, you can learn mise program, go to IRS.gov/OIC. tended. what steps you should take. Filing an amended return. Go to IRS.gov/ • Get an Identity Protection PIN (IP PIN). IP Form1040X for information and updates. Access your online account (individual tax- PINs are six-digit numbers assigned to tax- payers only). Go to IRS.gov/Account to se- payers to help prevent the misuse of their Checking the status of your amended re- curely access information about your federal tax SSNs on fraudulent federal income tax re- turn. Go to IRS.gov/WMAR to track the status account. turns. When you have an IP PIN, it pre- of Form 1040-X amended returns. • View the amount you owe and a break- vents someone else from filing a tax return down by tax year. with your SSN. To learn more, go to Note. It can take up to 3 weeks from the • See payment plan details or apply for a IRS.gov/IPPIN. date you filed your amended return for it to new payment plan. show up in our system, and processing it can • Make a payment or view 5 years of pay- Ways to check on the status of your refund. take up to 16 weeks. ment history and any pending or sched- • Go to IRS.gov/Refunds. uled payments. • Download the official IRS2Go app to your Understanding an IRS notice or letter • Access your tax records, including key mobile device to check your refund status. you’ve received. Go to IRS.gov/Notices to data from your most recent tax return, and • Call the automated refund hotline at find additional information about responding to transcripts. 800-829-1954. an IRS notice or letter. • View digital copies of select notices from the IRS. Note. The IRS can’t issue refunds before Note. You can use Schedule LEP (Form • Approve or reject authorization requests mid-February for returns that claimed the EIC or 1040), Request for Change in Language Prefer- from tax professionals. the additional child tax credit (ACTC). This ap- ence, to state a preference to receive notices, • View your address on file or manage your plies to the entire refund, not just the portion as- letters, or other written communications from communication preferences. sociated with these credits. the IRS in an alternative language. You may not immediately receive written communications in Tax Pro Account. This tool lets your tax pro- Making a tax payment. Go to IRS.gov/ the requested language. The IRS’s commitment fessional submit an authorization request to ac- Payments for information on how to make a to LEP taxpayers is part of a multi-year timeline cess your individual taxpayer IRS online payment using any of the following options. that is scheduled to begin providing translations account. For more information, go to IRS.gov/ • IRS Direct Pay: Pay your individual tax bill in 2023. You will continue to receive communi- TaxProAccount. or estimated tax payment directly from cations, including notices and letters, in English your checking or savings account at no until they are translated to your preferred lan- Using direct deposit. The fastest way to re- cost to you. guage. ceive a tax refund is to file electronically and • Debit or Credit Card: Choose an approved choose direct deposit, which securely and elec- payment processor to pay online or by Contacting your local IRS office. Keep in tronically transfers your refund directly into your phone. mind, many questions can be answered on financial account. Direct deposit also avoids the • Electronic Funds Withdrawal: Schedule a IRS.gov without visiting an IRS TAC. Go to possibility that your check could be lost, stolen, payment when filing your federal taxes us- IRS.gov/LetUsHelp for the topics people ask destroyed, or returned undeliverable to the IRS. ing tax return preparation software or about most. If you still need help, IRS TACs Eight in 10 taxpayers use direct deposit to re- through a tax professional. provide tax help when a tax issue can’t be han- ceive their refunds. If you don’t have a bank ac- • Electronic Federal Tax Payment System: dled online or by phone. All TACs now provide count, go to IRS.gov/DirectDeposit for more in- Best option for businesses. Enrollment is service by appointment, so you’ll know in ad- formation on where to find a bank or credit required. vance that you can get the service you need union that can open an account online. • Check or Money Order: Mail your payment without long wait times. Before you visit, go to to the address listed on the notice or in- IRS.gov/TACLocator to find the nearest TAC Getting a transcript of your return. The structions. and to check hours, available services, and ap- quickest way to get a copy of your tax transcript • Cash: You may be able to pay your taxes pointment options. Or, on the IRS2Go app, un- is to go to IRS.gov/Transcripts. Click on either with cash at a participating retail store. der the Stay Connected tab, choose the Con- “Get Transcript Online” or “Get Transcript by • Same-Day Wire: You may be able to do tact Us option and click on “Local Offices.” Mail” to order a free copy of your transcript. If same-day wire from your financial institu- you prefer, you can order your transcript by call- tion. Contact your financial institution for ing 800-908-9946. availability, cost, and time frames. Reporting and resolving your tax-related Note. The IRS uses the latest encryption identity theft issues. technology to ensure that the electronic pay- • Tax-related identity theft happens when ments you make online, by phone, or from a someone steals your personal information mobile device using the IRS2Go app are safe to commit tax fraud. Your taxes can be af- and secure. Paying electronically is quick, easy, Page 24 Chapter 6 How To Get Tax Help |
Page 25 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. free. If you qualify for their assistance, you will TAS for Tax Professionals be assigned to one advocate who will work with The Taxpayer Advocate you throughout the process and will do every- TAS can provide a variety of information for tax thing possible to resolve your issue. TAS can professionals, including tax law updates and Service (TAS) Is Here To help you if: guidance, TAS programs, and ways to let TAS Help You • Your problem is causing financial difficulty know about systemic problems you’ve seen in for you, your family, or your business; your practice. • You face (or your business is facing) an What Is TAS? immediate threat of adverse action; or • You’ve tried repeatedly to contact the IRS Low Income Taxpayer TAS is an independent organization within the but no one has responded, or the IRS Clinics (LITCs) IRS that helps taxpayers and protects taxpayer hasn’t responded by the date promised. rights. Their job is to ensure that every taxpayer LITCs are independent from the IRS. LITCs is treated fairly and that you know and under- represent individuals whose income is below a stand your rights under the Taxpayer Bill of How Can You Reach TAS? certain level and need to resolve tax problems Rights. with the IRS, such as audits, appeals, and tax TAS has offices in every state, the District of collection disputes. In addition, LITCs can pro- Columbia, and Puerto Rico. Your local advo- vide information about taxpayer rights and re- How Can You Learn About Your cate’s number is in your local directory and at sponsibilities in different languages for individu- Taxpayer Rights? TaxpayerAdvocate.IRS.gov/Contact-Us. You als who speak English as a second language. can also call them at 877-777-4778. The Taxpayer Bill of Rights describes 10 basic Services are offered for free or a small fee for rights that all taxpayers have when dealing with eligible taxpayers. To find an LITC near you, go the IRS. Go to TaxpayerAdvocate.IRS.gov to How Else Does TAS Help to TaxpayerAdvocate.IRS.gov/about-us/Low- help you understand what these rights mean to Taxpayers? Income-Taxpayer-Clinics-LITC or see IRS Pub. you and how they apply. These are your rights. 4134, Low Income Taxpayer Clinic List. Know them. Use them. TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, report it to them at IRS.gov/ What Can TAS Do for You? SAMS. TAS can help you resolve problems that you can’t resolve with the IRS. And their service is Publication 527 (2022) Page 25 |
Page 26 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Property changed to rental Dwelling units: Title insurance, cost basis 7 A use 15 Definition 17 Interest payments 4 Fair rental price 17 (See also Mortgages) Accelerated Cost Recovery C Personal use of 17 18, Loan origination fees 4 System (ACRS) 8 (See also Modified Accelerated Capital expenditures: Rental expenses 4 Cost Recovery System Deductions vs. effect on basis 8 E (MACRS)) Local benefit taxes 4 Easements 8 L Effective date 7 Mortgages, payments to Equipment rental expense 4 Land: Accounting methods: obtain 4 Cost basis 8 Accrual method 3 Cars: F Depreciation 6 Cash method 3 MACRS recovery periods 9 Leases: Constructive receipt of income 3 Cash method taxpayers 3 Fair market value (FMV) 15 Cancellation payments 3 Accrual method taxpayers 3 Casualty losses 14 Fair rental price 17 Equipment leasing 4 ACRS (Accelerated Cost Charitable contributions: Fees: Limits: Recovery System): Use of property 18 Loan origination fees 4 7, Passive activity losses and Effective date 7 Cleaning and maintenance 4 Points (See Points) credits 13 Active participation 13 Closing costs 7 Settlement fees and other Rental losses 12 Activities not for profit 16 Commissions 4 costs 7 Loans: Additions to property 10 Computers: Tax return preparation fees 4 Assumption fees 7 (See also Improvements) First-year expensing 6 Charges connected with getting Basis 8 MACRS recovery periods 9 MACRS recovery period 10 Condominiums 15 17, Form 1040 or 1040-SR: or refinancing, cost basis 7 Adjusted basis: Constructive receipt of income 3 Not rented for profit income 16 Low or no interest 7 MACRS depreciation 8 Cooperative housing 6 15 17, , Part of property rented 16 Origination fees 4 Adjusted gross income (AGI): Cost basis 7 Rental income and expenses 12 Local assessments 8 Modified (See Modified adjusted Credit reports 7 Schedule E 12 Losses (See Gains and losses) gross income (MAGI)) Credits: Form 1098: Advance rent 3 Residential energy credits 8 Mortgage interest 4 M Form 4684: Security deposits 3 Casualties and thefts 14 Missing children, photographs Advertising 4 D Form 4797: of 2 Allocation of expenses: Days of personal use 18 Sales of business property 14 Modified Accelerated Cost Recovery System Change of property to rental Days used for repairs and Form 8582: (MACRS) 8 12- use 15 maintenance 18 Passive activity losses 13 14, Additions or improvements to How to divide expenses 17 Deductions: property 10 Part of property rented 16 Capitalizing costs vs. effect on G Adjusted basis 8 Personal use of rental basis 8 property 3 17, Depreciation (See Depreciation) Gains and losses: Alternative Depreciation System (ADS) 8 11, Alternative Depreciation System Limitations on 12 At-risk rules 13 Basis other than cost 8 (ADS): Passive activity losses Casualty and theft losses 14 Conventions 10 Election of 9 (See Passive activity) Limits on rental losses 12 Cost basis 7 MACRS 8 11, Depreciation 6 Passive activity losses 13 Depreciable basis 7 Alternative minimum tax (AMT): Alternative Depreciation System Rental real estate activities 13 Effective date 7 Accelerated depreciation (ADS) (See Modified Sale of rental property 2 14, Excluded property 9 methods 6 Accelerated Cost Recovery General depreciation system General Depreciation System Apartments: System (MACRS)) (GDS) (See Modified (GDS) 8 10- Basement apartments 18 Basis (See Basis) Accelerated Cost Recovery Dwelling units 17 Change of property to rental System (MACRS)) Nonresidential rental property 9 Appraisal fees 7 use 15 Property used in rental activities (Table 2-1) 9 Assessments for maintenance 8 Claiming correct amount of 12 H Recovery periods 9 10, Assessments, local (See Local Declining balance method 7 assessments) Duration of property expected to Home: Residential rental property 9 10, Assistance (See Tax help) last more than one year 6 Main home 18 Special depreciation Assumption of mortgage 8 Eligible property 6 Use as rental property (See Use allowances 8 Attorneys' fees 7 8, First-year expensing 6 of home) Modified adjusted gross income Automobiles: MACRS (See Modified (MAGI) 14 MACRS recovery periods 9 Accelerated Cost Recovery I Mortgages 4 7, System (MACRS)) Assumption of, cost basis 8 Methods 7 10, Improvements 5 Change of property to rental (See also Repairs) use 15 B Ownership of property 6 Assessments for local End of, OID 5 Basis: Rental expense 4 improvements 8 Adjusted basis 8 Rented property 6 Basis 8 Interest 4 15 16, , Assessments for local Section 179 deduction 6 Depreciation of rented Part of property rented 16 improvements 8 Special depreciation property 6 Basis other than cost 8 allowances 8 MACRS recovery period 10 N Cost basis 7 Straight line method 7 Insurance 4 Nonresidential real property 9 Decreases to 8 Useful life 6 Casualty or theft loss Not-for-profit activities 16 Deductions: Vacant rental property 4 payments 8 Capitalization of costs vs. 8 Discount, bonds and notes Change of property to rental Not greater than basis 7 issued at (See Original issue use 15 O Fair market value 15 discount (OID)) Fire insurance premiums, cost Original issue discount (OID) 4, Increases to 8 Dividing of expenses basis 7 5 MACRS depreciable basis 7 (See Allocation of expenses) Part of property rented 16 Premiums paid in advance 4 Page 26 Publication 527 (2022) |
Page 27 of 27 Fileid: … tions/p527/2022/a/xml/cycle03/source 10:40 - 27-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Change of property to rental Rental losses 13 Tax help 23 P use 15 (See also Gains and losses) Tax return preparation fees 4 Cleaning and maintenance 4 (See also Passive activity) Taxes: Part interest: Commissions 4 Repairs 4 5, Deduction of 4 Expenses 3 Depreciation 4 (See also Improvements) Local benefit taxes 4 Income 3 Dwelling unit used as home 18 Assessments for maintenance 8 Real estate taxes 7 Passive activity: Equipment rental 4 Personal use of rental property Transfer taxes 7 Maximum special allowance 14 Home, property also used as 3 exception for days used for repairs and maintenance 18 Theft losses 14 Personal property: Improvements 5 Title insurance 7 Rental income from 3 Insurance 4 S Transfer taxes 7 Personal use of rental Interest payments 4 Travel and transportation (See also Property changed to Local transportation expenses 4 property 15 17, Sale of property: expenses: rental use) Part of property rented 16 Expenses 4 Local transportation expenses 4 Placed-in-service date 6 Points 4 Gain or loss 2 14, Recordkeeping 4 Points 4 7, Pre-rental expenses 4 Main home 2 Rental expenses 4 Pre-rental expenses 4 Rental payments 4 Section 179 deductions 6 Standard mileage rate 4 Principal residence (See Home) Repairs 4 5, Security deposits 3 Profit, property not rented for 16 Sale of property 4 Settlement fees 7 U Property changed to rental Tax return preparation fees 4 Shared equity financing use 15 Taxes 4 agreements 18 Uncollected rent: Basis 15 Tenant, paid by 3 Special depreciation Income 4 Publications (See Tax help) Travel expenses 4 allowances 8 Use of home: Utilities 4 Spouse: Before or after renting 18 R Vacant rental property 4 Material participation 13 Change to rental use 15 Real estate professionals 13 Rental income: Standard mileage rates 4 Days of personal use 18 Real estate taxes 7 Advance rent 3 Surveys 7 Fair rental price 17 Passive activity rules Real property trades or Cancellation of lease exception 13 businesses 13 payments 3 T Personal use as dwelling unit 17 Recordkeeping requirements: Dwelling unit used as home 18 Tables and figures: Utilities 4 8, Travel and transportation Lease with option to buy 3 Improvements, examples of expenses 4 Not rented for profit 16 (Table 1-1) 5 Recovery periods 9 Part interest 3 MACRS optional tables V Rent 7 Property received from tenant 3 (Table 2-2d) 11 Vacant rental property 4 Advance rent 3 Reporting 3 12, MACRS optional tables (Tables Vacation homes: Fair price 17 Security deposit 3 2-2a, 2-2b, and 2-2c) 11 Dwelling unit 17 Rental expenses 3 Services received from tenant 3 MACRS recovery periods for Fair rental price 17 Advertising 4 Uncollected rent 4 property used in rental Personal use of 17 activities (Table 2-1) 9 Allocation between rental and Used as home 3 Tax credits: Valuation: personal uses 17 Residential energy credits, effect Fair market value 15 on basis 8 Publication 527 (2022) Page 27 |