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Improvements to raw investment land

I purchased acerage in 2017 as an investment; I hope to sell it within the next 5 years.  It has an old barn but that is the extent of the "improvements".  I am slowly repairing the fences and hope to get to the barn in 2018.  I drive up to do the repairs and incur the typical lodging/meal expenses.

 

I understand where/how to deduct the property taxes, and have no interest payments (a cash transaction), but where/how do I deduct the repair expenses and mileage/lodging/meals?  I understand my "sweat equity" is not deductible, correct?

 

Thanks for any advice you can offer.

 

R

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3 Replies
Carl
Level 15

Improvements to raw investment land

Your "sweat equity" is never deductible. That's because you can't deduct from taxable income, that which is not and can not be taxed in the first place.

Assuming this is not income producing property (you're not renting it out or anything) your lodging is not deductible.

Usually, if you were in the process of "preparing for sales" then your lodging would add to the cost basis of the property. However, since you plan to hold this property for more than a year, there's no way the IRS (or state) would buy into a claim that it took you more than a year to prepare the property for sale.

Your meals are never deductible because those meals are not done and paid for "in the course of business". In other words, you're not taking a potential client out to eat so you can discuss business while you eat.

I am slowly repairing the fences and hope to get to the barn in 2018.

I assume you mean 2019, not 2018. Anything you do the property that adds *real* value to the property, is just added to your cost basis of the property.  But it's important to understand the difference between a repair/maintenance expense, and a property improvement. Here's a "down to earth" definition of each.

Property Improvement.

Property improvements are expenses you incur that add value to the property. Expenses for this are entered in the Assets/Depreciation section and depreciated over time. But in your case since the property is not actively producing income during your period of ownership, the business use percentage must be zero percent, so that your cost of that improvement is not depreciated over time.

To be classified as a property improvement, two criteria must be met:

1) The improvement must become "a material part of" the property. For example, remodeling the bathroom, new cabinets or appliances in the kitchen. New carpet. Replacing that old Central Air unit.

2) The improvement must add "real" value to the property. In other words, when  the property is appraised by a qualified, certified, licensed property appraiser, (not your property tax appraiser either.) he will appraise it at a higher value, than he would have without the improvements.

Cleaning & Maintenance

Those expenses incurred to maintain the property and it's assets in the useable condition the property and/or asset was designed and intended for. Routine cleaning and maintenance expenses are only deductible if they are incurred while the property is classified as a rental or other income producing property. So in your case, routine maintenance and cleaning expenses are just flat out not deductible, nor can they be added to the cost basis.

Repair

Those expenses incurred to return the property or it's assets to the same useable condition they were in, prior to the event that caused the property or asset to be unusable. Repair expenses incurred are only deductible if incurred while the property is classified as a rental or other income producing property. So in your case, repair costs are just flat out not deductible.

Additional clarifications: Painting a room does not qualify as a property improvement. While the paint does become “a material part of” the property, from the perspective of a property appraiser, it doesn’t add “real value” to the property.

However, when you do something like convert the garage into a 3rd bedroom for example, making a  2 bedroom house into a 3 bedroom house adds “real value”. Of course, when you convert the garage to a bedroom, you’re going to paint it. But you will include the cost of painting as a part of the property improvement – not an expense separate from it. For your situation, if you are "repairing" the fence, you have nothing to deduct. But if you are "replacing" the fence (which is what I expect here) then that's a property improvement that adds value to the property.

As for the barn, my bet is what you may call "repairs" are going to be rather costly and they will "in fact" add value to the property. Therefore, what you call repairs, I call property improvements if the property appraiser agrees that it increases the value of the property.

It would be smart to get an appraisal on the property before you do anything, unless you already have an appraisal from when you purchased it. Then when you're ready to sell and either you or the buyer get the "new" appraisal, you'll have the original appraisal to go with it, if needed to prove anything to the IRS. (Which I doubt would ever happen, but never say never!)

Carl
Level 15

Improvements to raw investment land

Oh one other thing just to clarify the terminology here. In the subject line you refer to it as "raw" investment land. If there's a structure on it, then it's not "raw" land. Even if the structure is in such bad shape that it's condemned, it's still not "raw" land that you purchased. More than likely, the title for that land includes the structure listed on it too.

Hal_Al
Level 15

Improvements to raw investment land

Until you put it to use as your primary or second home or as rental property, or sell it, you have an investment property. The carrying costs (e.g.  repairs, insurance & utilities) of investment property are not deductible, staring with tax year 2018. Real estate (property) tax may be deducted on schedule  A, under taxes, without regard to the 2% rule.

Taxpayers can elect to capitalize (add it to your cost basis)  the carrying costs of unimproved and nonproductive real property, real property under development or construction and personal property before its installation or use (Regs. Sec. 1.266-1(b)(1)).  The election is made with the tax return by its due date, including extension, by attaching a statement. You cannot wait until you sell the property, but must make that election each year. Attach the statement to the return and write “Filed pursuant to section 301.9100-2” on the statement. 

Mortgage interest is only deductible to the extent of other investment income and not subject to the 2% of AGI rule,  but can be capitalized. 

 

Prior to 2018, carrying costs could alternatively be deducted as investment expenses, a misc. itemized deduction subject to the 2% of AGI threshold. So, filing  amended returns for earlier years is an option.

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