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sale of rental house in LA

I have a question about reporting the sale of a rental property in Louisiana. I am an AZ resident but previously lived in LA. When I moved away in 2013, I converted my home there to a rental. I finally sold that house in 2019. I am confident that the TurboTax questions for my federal return have covered this adequately, although it never asked how much I sold it for.  The guidance for the LA state module however, is rather sketchy and I am not sure how to report it for state purposes.

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8 Replies
Carl
Level 15

sale of rental house in LA

Please follow the below guidance for reporting the sale of rental property starting with your federal return. You may need to delete any state return first, as when you start a state return it imports necessary data from the federal return. Since you didn't report the sale on the federal yet, chances are high it will screw up your state return(s) reyally if you don't delete them first.

Once you've reported the sale on the federal return and finished the federal return in it's entirety, then you can re-do the state return(s) and all necessary data will be imported correctly then.

Take special note that if you are completing more than one state return, then you ***MUST*** complete the resident state return ***LAST***. Otherwise, the program will not be able to property apply any reciprocal tax agreements between the states and you risk being double-taxed across states.

Reporting the Sale of Rental Property

If you qualify for the "lived in 2 of last 5 years" capital gains exclusion, then when prompted you WILL indicate that this sale DOES INCLUDE the sale of your main home. For AD MIL personnel who don't qualify because of PCS orders, select this option anyway, because you "MIGHT" qualify for at last a partial exclusion.

Start working through Rental & Royalty Income (SCH E) "AS IF" you did not sell the property. One of the screens near the start will have a selection on it for "I sold or otherwise disposed of this property in  2019". Select it. After you select the "I sold or otherwise disposed of this property in 2019" you continue working it through "as if" you still own it. When you come to the summary screen you will enter all of your rental income and expenses, even it it's zero. Then you MUST work through the "Sale of Assets/Depreciation" section. You must work through each individual asset one at a time to report its disposition (in your case, all your rental assets were sold).

Understand that if more than the property itself is listed in your assets list, then you need to allocate your sales price across all of your assets.  You will only allocate the structure sales price; you will NOT allocate the land sales price, since the land is not a depreciable asset.  Then if you sold this rental at a gain, you must show a gain on all assets, even if that gain is $1. Likewise, if you sold at a loss then you must show a loss on all assets, even if that loss is $1

Basically, when working through an asset you select the option for "I stopped using this asset in 2019" and go from there. Note that you MUST do this for EACH AND EVERY asset listed.

When you finish working through everything listed in the assets section, if you ever at any time you owned this rental you claimed vehicle expenses, then you must also work through the vehicle section and show the disposition of the vehicle. Most likely, your vehicle disposition will be "removed for personal use", as I seriously doubt you sold your vehicle as a part of this rental sale.

sale of rental house in LA

Thanks very much for this guidance.  The first time I went through the federal section (before downloading the state software) I did complete the Schedule E information as you described but, when it led me through the Sale of Assets/Depreciation section, it never asked me for the sale amount of the house.  It only asked for the cost when I bought it, the land value when I bought it, the date I bought it, the date I started renting it, the date I sold it, and the depreciation I have taken in past years-- all of which I entered (although I had to dig to find the land value from way back in 1979).  At the end of that section it just showed the depreciation for the year.  When I went back and repeated the process (with all the same answers) after reading your reply, lo and behold, I got the screen that asked for sale information.  Weird.  The only snag now is that it tells me that not entering the land sale price is an error that should be fixed.  Based on your advice, though, and the fact that I don't have anything stipulating the price of the land, I am inclined to leave it blank.  Correct?

 

My only other question at this point is, as I am going through the Louisiana state return, should I use the adjustment for capital gain from the sale of a business?  It seems that I should since selling the house (which I was using as a rental) "would allow the buyer of the assets to continue the business" (i.e., renting it as I did).  Quoted passage from Louisiana Revenue Information Bulletin 10-017, as referenced by the TurboTax software.  Is this correct?

Carl
Level 15

sale of rental house in LA

when it led me through the Sale of Assets/Depreciation section, it never asked me for the sale amount of the house.

That's because you did not follow the guidance correctly, and you "incorrectly" selected the YES button on the "Special handling required?" screen. Since you sold the property, you *must* select NO, because special handling is *not* required here.

 

sale of rental house in LA

Hi again, Carl.  I don't recall selecting "Yes" on the special handling question but, since I have now gone through the sales info process and entered it, that issue is no longer a problem.  I was just puzzled by the difference.

 

Anyway, at this point, I am hoping to finish this up with resolutions to the two questions about:
 
1.  The federal error check tells me that not entering the land sale price is an error that should be fixed.  Based on your advice, though, and the fact that I don't have any documant stipulating the price of the land, I am inclined to leave it blank.  Correct?
 
2.  As I am going through the Louisiana state return, should I use the adjustment for Capital Gain from the Sale of a Business?  It seems that I should since selling the house (which I was using as a rental) "would allow the buyer of the assets to continue the business" (i.e., renting it as I did).  Quoted passage from Louisiana Revenue Information Bulletin 10-017, as referenced by the TurboTax software.  Is this correct?
 
I do appreciate your information, and hope you can address these last two items as well.
 
Thanks again.
Carl
Level 15

sale of rental house in LA

1. The federal error check tells me that not entering the land sale price is an error that should be fixed. Based on your advice, though, and the fact that I don't have any documant stipulating the price of the land, I am inclined to leave it blank. Correct?
Incorrect. You *must* have a sale price for the land. If you sold the property at a gain, then you *must* show at least a $1 gain on the sale of the land. That land "does" have a value associated with it. When you first entered that property in the tax year you started renting it, you were required to enter two values.

COST - What you paid for the property in it's entirety

COST OF LAND - How much of the amount you entered in COST was allocated to the land.So lets do some simple math here.

COST $100,000

COST OF LAND - $30,000

Simple math indicates you paid $70K for the structure and $30K for the land.

Now when reporting the sale, things are a bit different. (that's the IRS's fault, not TurboTax).

As you start working through t he asset you will see:

COST: What you paid for the property in it's entirety. That would be $100,000 in my example.

LAND: How much of COST was paid for the land. That would be $30,000 in my example.

PRIOR DEPREC. - The total amount of depreciation taken on the value of the structure. The value of the structure is COST minus LAND.  The prior depreciation taken will be less than that value of the structure in your case, since it was rented for less than 27.5 years.

The next screen than asks, "Did you stop using this asset in 2019?" Your answer to that will be YES.

You'll be prompted for the date of disposition. This will be the closing date of the sale. DO NOT change the date acquired. Then continue.

Now you are asked "Special Handling Required?" and you will click NO on that screen.

Next you are asked "Was this asset included in the sale of your main home?" You'll answer this question NO becuase it was NOT your primary residence for at least two of the last five years you owned it, counting back from the closing date of the sale.

New here's where it gets serious. The screen clearly states, "You must divide, or allocate the sales price and expenses between the land and the asset (improvement) based on their fair market values." So if you sold the property for $150,000 there's no question you sold it for more than you paid for it and therefore have a gain on the sale. So you "MUST" show a gain on both the structure and the land.

ASSET SALES PRICE: $100,000  This is what I am saying I sold the structure for. My cost basis on the structure was figured at $70,000 on the date I placed it in service, I sold the property at a gain so I *must* use a sale price that is greater than my purchase price. Doesn't matter if it's greater by only $1 either. With my example, I"m showing a gain of $30,000 on the sale of the structure only.

ASSET SALES EXPENSES: $3000   My total sales expenses is $5000. I will allocate $3000 of that to the sale of the structure. So after subtracting the $3000 from my $30,000 gain on the structure, I still have a $27,000 gain on the structure.

LAND SALES PRICE: $50,000 This is what I am saying I sold the land for. My cost basis on the land was figured at $30,000 on the date I placed it in service. I sold the property at a gain so I *must* use a sales price that is greater than my purchase price. Doesn't matter if it's greater by only $1 either. With my example, I showing a gain of $20,000 on the sale of the land only.

LAND SALES EXPENSES: $2000  I had a total of $5000 in sales expenses and already claimed $3000 of it on the sale of the structure. So I'll claim the remaining balance on the land.

So in the end I have a property that I paid $100,000 for, sold it for $150,000 showing a preliminary gain of $50000. From that $50,000 subtract my $5000 of sales expenses and I have a $45,000 taxable gain.

Add to that $45,000 gain all of the depreciation I took on the property and that total is my total taxable gain.

 

 

 


2. As I am going through the Louisiana state return, should I use the adjustment for Capital Gain from the Sale of a Business? It seems that I should since selling the house (which I was using as a rental) "would allow the buyer of the assets to continue the business" (i.e., renting it as I did). Quoted passage from Louisiana Revenue Information Bulletin 10-017, as referenced by the TurboTax software. Is this correct?

sale of rental house in LA

Many thanks, Carl.  That is a very clear explanation of the land value issue.  Now I just need the last question answered, regarding the Capital Gain from the Sale of a Business on the Louisiana State return.

 

Thanks again.

Carl
Level 15

sale of rental house in LA

I spent so much time on the first question, I totally forgot about the second one.

2. As I am going through the Louisiana state return, should I use the adjustment for Capital Gain from the Sale of a Business? It seems that I should since selling the house (which I was using as a rental) "would allow the buyer of the assets to continue the business" (i.e., renting it as I did). Quoted passage from Louisiana Revenue Information Bulletin 10-017, as referenced by the TurboTax software. Is this correct?

No. The buyer does not "continue the business". What they do with the property after purchasing it from you is not your concern. Heck, if they choose to raze it to the ground and just let it "sit there" forever, they most certainly can. If they choose to make it their primary residence they most certainly can. If they choose to rent it out, then they start their own entirely new business that has nothing to do with what the property was used for by the previous owner (you). 

"would allow the buyer of the assets to continue the business"

You don't get to decide what the buyer does with it. You have absolutely no input on that what-so-ever. It's just like when you go out and buy a used car. For example, if you buy my car directly from me, I have absolutely no say in what you do with the car once it's titled to you. If you decide to run it through a metal chipper and sell it for scrap, I can hem and haw all I want about it. There's nothing I can do because I no longer own the car.

should I use the adjustment for Capital Gain from the Sale of a Business?

Nope. If you made a $30K gain on the sale, then you made a $30K gain on the sale. Now I don't know state taxes. But it's perfectly possible that there could be a deduction the state allows, that the federal government (IRS) does not. For example, the state may allow you to deduct the cost of repairs, thus reducing your taxable gain. (no, LA does not allow that) But the IRS does not allow such a deduction.

It's also feasible that while the IRS allows you to deduct closing costs, the state does not allow that deduction meaning you have a higher taxable gain on your state return, than on the federal return.

But overall, I don't see anything that would allow you to change your taxable gain on  your state return, from what it is on your federal return. Just keep in mind I don't "do" state taxes so I have no way of knowing what may or may not apply to your specific and explicit situation.

 

sale of rental house in LA

OK.  I totally understand that I don't get any input on what the buyer does with the property after they buy it, and I am inclined to follow your advice to avoid a potential audit.  I am sharing below however, the more complete text of LA Revenue Information Bulletin No. 10-017 because that is the document TurboTax referenced as the basis for this decision.  Even though the buyer may choose to do what they will with the house, since it constitutes "substantially all of the assets" of the rental business for which we were using the house, I thought this deduction would apply to this sale.  Here is the text:

 

"Louisiana Revised Statutes 47:293(9)(a)(xvii) and 47:293(10) provides an individual income tax deduction for net capital gains, limited to gains recognized and treated for federal purposes as arising from the sale or exchange of equity interests in, or substantially all of the assets of, a non-publicly traded business commercially domiciled in Louisiana.

For purposes of computing this deduction, the following terms are defined and explained:"

 

...and the subsection that seems to address my situation reads (in full):

"Sale or Exchange of Substantially all of the Assets of a Business - a sale or exchange of assets that would allow the buyer of the assets to continue the business. A sale or exchange of assets is presumed to be a sale or exchange of substantially all of the assets of the business if the selling business transfers at least 90% of the fair market value of the net assets and at least 70% of the fair market value of the gross assets that it held immediately before the transfer."

 

...and then it goes on to specify how to calculate the amount for the deduction.

 

If I can't deduct it, so be it but I am trying to understand where I am misreading the text.  Thanks so much for all of your time on this.

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