KrisD15
Expert Alumni

Business & farm

Is the rental passive income or treated as a trade or business?

 

Electing Section 179 Deduction for rental assets can be tricky. The rental needs to be considered a trade or business. 

TurboTax does give the option of claiming Section 179 when entering a rental asset, but it may not be allowed depending on how you answer the other questions concerning the rental ("Are you considered a Real Estate Professional").

 

Please click the "Learn More" link on that screen ("How Do You Want to Deduct this Item") 

 

26 CFR Sec 1.179-1

"(2) Noncorporate lessor. In determining the class of taxpayers (other than an estate or trust) for which section 179 is applicable, section 179(d)(5) provides that if a taxpayer is a noncorporate lessor (i.e., a person who is not a corporation and is a lessor), the taxpayer shall not be entitled to claim a section 179 expense for section 179 property purchased and leased by the taxpayer unless the taxpayer has satisfied all of the requirements of section 179(d)(5) (A) or (B)."

 

 

 

 

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