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Publication 523 implications for tenancy in common
How do the 523 rulings function for the sale of a home with "tenancy in common" where one owner is the primary residence and the others are non-occupying owners? specifically, in terms of depreciation recapture. my assumption is that this type of structure would not qualify for depreciation recapture as it is a primary residence for one of the owners, but does this logic extend to the non-occupying owners as well?
The line I am hung up on is: "List the total of all depreciation deductions that you took or could have taken for the use of your home for business or rental purposes"
its not clear if the non-occupying owners "could have taken" depreciation, given the vagueness of that statement.
‎January 25, 2024
6:14 AM