pk
Level 15
Level 15

Investors & landlords

@hativered , you raise an interesting question in that whether the application of the de minimis  election is per unit or per owner.   Please see this ---> https://www.cpapracticeadvisor.com/tax-compliance/article/12372399/the-most-overlooked-tax-deduction...

and

https://www.irs.gov/pub/irs-drop/n-15-82.pdf

 

Generally it appears to be applicable to the property where an improvement / acquisition is done  and the taxpayer/owner is indirect.  Thus I am of the opinion that this  de minimis  amount is for the whole rental unit   and not per owner ( there just happens to be four owners  at the end of the chain ).

 

Also I am curious as to why you are treating this "repair/ replacement " that brings the original functionality of the rental unit, as a capital improvement and eligible for depreciation treatment ?   Granted, it is tempting for an auditor to take the position that a non-functioning furnace/ A-C replaced  by anew one is a capital improvement and your argument could be that  1. a functioning   furnace  is a requirement  for  rental and "fit to live" cert by your city; 2.  there is no way to replace a broken furnace/A-C with an equally old but functioning furnace/ A-C unit.  The point I am trying to make is that I would consider this as "repair " since it just maintains  the value  and rentability of the  asset.  If there is an increase in FMV that is only incidental and cannot be measured   ( but yes it probably increases the saleability of the asset).

 

Is there more I can do for you ?

 

pk