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Level 3
posted Feb 9, 2022 5:51:02 PM

Can I use 40 year depreciation on my condo rental? My taxes are zero with or without the deduction so I want to take the least amount of depreciation allowable.

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3 Best answers
Expert Alumni
Feb 9, 2022 6:07:30 PM

No, you can not depreciate a condo over a 40 year period.  IRS regulations require a depreciation schedule of 27.5 years for condos.  Be sure to take depreciation each tax year. If you sell the condo, the IRS puts depreciation back into the cost basis of the property whether you exercised this tax break or not.

Level 15
Feb 10, 2022 7:06:06 AM


@dllr597387 wrote:

I did not remember seeing that as an option when doing my taxes from TurboTax.  I’ll review the rental income again.  


That would be a good idea.

 

However, that recovery period is not an option in TurboTax. Unless you indicate that the property is located in a foreign country, the program will default to the 27.5 year recovery period. I do not believe that can be changed without doing an override in Forms Mode.

 

Regardless, the extra 2.5 years will most likely not make a significant difference.

Level 15
Feb 10, 2022 5:08:31 PM

@dllr597387 

 

Did you also check the boxes shown in the screenshot below in the Property Profile section?

 

21 Replies
Expert Alumni
Feb 9, 2022 6:07:30 PM

No, you can not depreciate a condo over a 40 year period.  IRS regulations require a depreciation schedule of 27.5 years for condos.  Be sure to take depreciation each tax year. If you sell the condo, the IRS puts depreciation back into the cost basis of the property whether you exercised this tax break or not.

Level 15
Feb 9, 2022 6:08:49 PM

Residential rental real estate located in the United States is depreciated over a 27.5 period under GDS.

 

You cannot use a 40-year recovery period.

Level 3
Feb 9, 2022 7:09:43 PM

Thank you.  I guess the IRS wins by taxing me 25% on the recapture and forcing me to take the depreciation when my tax is at 0%.

Level 15
Feb 9, 2022 7:41:57 PM


@dllr597387 wrote:

Thank you.  I guess the IRS wins by taxing me 25% on the recapture and forcing me to take the depreciation when my tax is at 0%.


Recapture is taxed at your ordinary tax rate up to a maximum of 25%. 

Level 15
Feb 9, 2022 9:49:48 PM

If this is the first year of it being rented, you can elect to use the Alternative Depreciation System (ADS) which would use 30 years (it used to be 40 years, but they changed it a few years ago).

 

https://www.irs.gov/publications/p946#en_US_2020_publink[phone number removed]

 

Level 3
Feb 9, 2022 11:22:22 PM

I did not remember seeing that as an option when doing my taxes from TurboTax.  I’ll review the rental income again.  

Level 3
Feb 9, 2022 11:35:08 PM

Considering I am looking at a sizable gain already, by the time I sell I will be at a minimum 22% bracket.  Still a major win for the IRS.  Unless I am missing something, for my situation, it seems criminal.

Level 15
Feb 10, 2022 7:06:06 AM


@dllr597387 wrote:

I did not remember seeing that as an option when doing my taxes from TurboTax.  I’ll review the rental income again.  


That would be a good idea.

 

However, that recovery period is not an option in TurboTax. Unless you indicate that the property is located in a foreign country, the program will default to the 27.5 year recovery period. I do not believe that can be changed without doing an override in Forms Mode.

 

Regardless, the extra 2.5 years will most likely not make a significant difference.

Level 15
Feb 10, 2022 8:54:55 AM


@Anonymous_ wrote:

I do not believe that can be changed without doing an override in Forms Mode.

 

That last I checked, when entering the type of asset, you can select "other" asset, then "other" again (I don't quite remember the exact wording), then that will let you somewhat manually select things (select ADS, change other assets from 200% DB to Straight Line, etc.).

Level 15
Feb 10, 2022 9:05:03 AM

 

The screenshot below depicts what happens when you select "Other property " and then "Other asset type" in the 2021 product.

 

Level 15
Feb 10, 2022 9:08:28 AM


@AmeliesUncle wrote:

That last I checked, when entering the type of asset, you can select "other" asset, then "other" again (I don't quite remember the exact wording), then that will let you somewhat manually select things (select ADS, change other assets from 200% DB to Straight Line, etc.).


Also, entering this manually (as ADS 30-year, SL) in Forms Mode with a U.S. address results in an error condition.

Level 15
Feb 10, 2022 9:35:38 AM


@Anonymous_ wrote:


Also, entering this manually (as ADS 30-year, SL) in Forms Mode with a U.S. address results in an error condition.


 

I'm not certain, but I don't think it is a true error.

 

In ProSeries (TurboTax's cousin), it shows up red as if it is an error, but it actually is not an error (it doesn't trigger the error alert and can be e-filed without disabling error-checking).  So I would GUESS that TurboTax could still e-file it without a problem (but that is only a GUESS based on how ProSeries behaves).

 

 

Level 15
Feb 10, 2022 9:54:19 AM


@AmeliesUncle wrote:

I'm not certain, but I don't think it is a true error.


Perhaps that is the wrong term.

 

In a test return I set up in TurboTax Home & Business, I cannot select a 30-year recovery period without first indicating the property is located outside the U.S.

 

If I try to do so, the program prompts me for an override. I then have to enter "30" on the Asset Worksheet manually.

 

 

Level 15
Feb 10, 2022 10:16:47 AM

In ProSeries, you need to change the "Depreciation Method" (SL, 200%DB, etc.), and change that to "Alternate Method" ("ALT"), and that automatically changes it to 30/40 years.

Level 15
Feb 10, 2022 12:11:12 PM

I understand, but if I try to do that on a test return in TurboTax, an override dialog box pops up. 

 

Also, selecting "ALT" does not change the recovery period automatically; I have to type in "30".

Level 3
Feb 10, 2022 2:55:53 PM

@Anonymous_ 

This is a foreign address, but since I am using TurboTax Premier Online the form option is not available.  Guess I will just use 27.5 year depreciation as you suggested as it only makes less than a 10% difference.

Thanks for everyone's help.

Level 15
Feb 10, 2022 3:03:08 PM

Probably not a huge deal, @dllr597387, but you are supposed to use ADS if the property is used predominantly outside the United States.

 

See https://www.irs.gov/publications/p946#en_US_2020_publink1000107509

Level 15
Feb 10, 2022 3:13:46 PM

While in the asset section, look for a  check-box that asks if it is outside of the US.

Level 3
Feb 10, 2022 5:01:46 PM

That's interesting.  I did select 'this is a foreign address' check box but it still selected GDS automatically for me.  I did download the desktop version and imported the online tax data into it and confirmed the property listed under the Form 4562 part III, section B used for GDS.  Is this a bug on the Online version? 

Level 15
Feb 10, 2022 5:08:31 PM

@dllr597387 

 

Did you also check the boxes shown in the screenshot below in the Property Profile section?

 

Level 3
Feb 10, 2022 5:24:42 PM

Missed that one.  That was it.  

Thank you very much!