pk
Level 15
Level 15

Investors & landlords

@earth777 

 

(1) If  you were to consider/ recognize the  first set of improvements  ( not the repairs )  by themselves  ( property   rented out  and improvements  without consideration of pending sale ),  then you  would have  depreciated these improvements  and thereby  increase your accumulated depreciation, resulting  in increased  income on Schedule-E,  reduced  basis and thus at the time of sale a higher  gain but more of the gain being treated as ordinary in com e ( not capital gain  tax rate ).  Therefore , and  since this was all within a reasonable  time period ( less than a year ), it  probably more tax advantageous  to include all the improvements  as part of  sales preparation expenses.

(2)  Note that when you sell this  rental/income property , you are selling as a business property  --- thus you use form 4797 and schedule D.    So I do not see  any advantage in terminating a rental property, recharacterizing as second home and then sell it  ---- at that point  it is not business  property.  The current  method is the one that allows use of business property benefits.  Once a property has been used for business / income, it is best to keep that characteristics.

(3)  Because this was your main home  then with a look back period of  five years  from the date of sale  conclusion/ consummation  ( closing ), you  would have to meet the  2 years of ownership and 730 days of  main residence use to  be eligible to exclude  any gain.

(4) Note that  from the gain, an amount equal to accumulated  depreciation ( whether taken or not)  will be taxed as ordinary income, the remainder  can be give Capital  gain tax treatment and/or excluded  up to  250K per filer meeting the   "main residence  use  "  clause.  That is another reason why you want to bin as little as you can in the depreciation category , if allowed by law.

 

Does this make sense ?