Skip to main content
Level 2
December 4, 2023
Question

How to claim all rental depreciation from a co-owned rental?

  • December 4, 2023
  • 2 replies
  • 171 views

My dad and I own a rental 50/50.  He is going to allow me to claim 100% of the depreciation on my return.  How is that documented?  Or is that not allowed at all?  

2 replies

Level 6
December 5, 2023

You must have sound substantial economic reason in order to allocate Profit & Loss percentages differently from your ownership percentage.  IRS will not allow you to arbitrarily allocate income or deduction without economic reasons.

 

Here's an article on partnership allocations.  Coownership of rental properties follows similar rules.

https://www.thetaxadviser.com/issues/2020/aug/partnership-allocations-lacking-substantial-economic-effect.html

 

In Holdner, T.C. Memo. 2010-175, the Tax Court found that deduction allocations between a father and son farming partnership were not in line with the partners' interests in the partnership. The court proceeded to analyze each of the four factors above and largely concluded that there was "no credible evidence" for the special allocations. "[I]n the absence of substantial proof rebutting the presumption of equality, [taxpayers] had equal interests in partnership income, expenses, and other partnership items." The court presumed that the father and son each owned 50% of the farming partnership, and the taxpayers did not provide sufficient evidence to refute that presumption. As it was determined that the father and son each had a 50% interest in the partnership, the IRS's assessment of substantial-underpayment and accuracy-related penalties was upheld.

Carl
Level 11
Level 11
December 5, 2023

If the rental is owned 50/50, then all rental income/expenses are reported 50/50 on each of your tax returns. Now i myself had a situation where I purchased a rental, and the bank required a co-signer on the loan, and also required that co-signer to be on the deed. However, I was the one claiming all rental income/expenses/depreciation since I was the "controlling" authority (for lack of a better word.) Therefore, I was the only one to report all rental income/expenses on my own tax return. Years down the road when I could, I was able to remove my co-signer from the deed with the permission of the lender. However, they remained as co-signer on the loan until I paid it off in full about 8-10 years ago.

Sarah515Author
Level 2
December 5, 2023

This is our situation.  My dad co-signed, but I am the "controlling" authority.  Thank you for your response!

Level 15
December 5, 2023

@Sarah515 wrote:

This is our situation.  My dad co-signed, but I am the "controlling" authority.  Thank you for your response!


Make sure you can prove that you have the substantial ownership interest, that you pay all the bills, and are the owner except in name for purposes of the loan.  And keep your proof with your other important tax papers for as long as you own the property plus 3 years after you sell.