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Can or should I amend my 2020 return for a rental property?

Hi all,

 

In February 2020, my wife got back a home she had in a living trust when the relative passed away. We began repairing the home in June and hired a property manager to put it on the market as a rental in October.

 

We only just got a tenant in March 2021, at which point it was brought to my attention about possible tax deductions on money spent to maintain the home, including utilities, property taxes, etc. Basically, we spent money on what would be deemed "ordinary and necessary" repairs -- painting, repairing/replacing light fixtures and appliances, etc. -- nothing that would be considered major "improvements."

 

Here's the thing: I found out about this AFTER my wife and I filed jointly for 2020.

 

My question: Can/should I amend our return to address money spent on the rental for 2020? We didn't get any rental income (no tenant for 2020) but did spend thousands of dollars on property taxes, home insurance premiums, said ordinary and necessary repairs, etc.

 

Thanks for any advice!

- Rene

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6 Replies
ColeenD3
Expert Alumni

Can or should I amend my 2020 return for a rental property?

Maybe. Major renovations are added to the basis, so you could still add them in 2021. Repairs and other expenses are only allowed once the property was place in service and available to rent. This, for you, would be October. You would still be able to get 2-3 months worth of expenses.

Carl
Level 15

Can or should I amend my 2020 return for a rental property?

There is absolutely no need or requirement to amend you already filed and accepted 2020 tax return.

Nothing concerning your rental property can be claimed until the date that property is "available for rent". That date is commonly the date you put the "FOR RENT" sign in the front year. It's also the date that a renter "could" have moved in. So if a renter could "not" have moved in on or before Dec 31, 2020, the property was flat out not "available for rent".

Additionally, since you had no rental income in 2020, there's nothing to deduct any 2020 rental expenses from. So any expenses incurred (and I seriously doubt you had any "allowed" expenses in 2020) wouldn't make one penny of difference to your 2020 tax liability.

The only "allowed" costs I 'know" you would have from 2020, would be any property improvements that you paid for *in* 2020. But you don't even report those costs until the tax year the property is actually "in service". Understand that property improvements and repairs are two physically different things. The below definitions should explain this. (Education is key here, so I'm trying to help you learn at least "the basics")

Based on the information you've provided thus far, I see no benefit (not a single penny) to putting anything concerning this on your 2020 tax return.

RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

Property Improvement.

Property improvements are expenses you incur that “better” the property. Basically, they retain or add value to the property. Expenses for this are entered in the Assets/Depreciation section and depreciated over time. Property improvements can be done at any time after your initial purchase of the property. It does not matter if it was your residence or a rental at the time of the improvement. It still adds value to the property.

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 retain or add "real" value to the property. In other words, when the property is appraised by a qualified, certified, licensed property appraiser, he will appraise it at a higher value, than he would have without the improvements.

There are rules that allow you to just flat-out expense and deduct some property improvements, if the total cost of the improvement was less than $2,500. It’s referred to as “safe harbor di-minimis” But depending on the specific situation, this may or may not be beneficial. Just be aware that not every property improvement that cost less than $2,500 qualifies for this. If this interest you, the rules can get complex. So a good place to start reading is on the IRS website at https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations. The stuff on di-minimis starts about one page down.

Cleaning & Maintenance

Those expenses incurred to maintain the rental 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. Cleaning and maintenance expenses incurred in the process of preparing the property for rent are not deductible.

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. Repair costs incurred in the process of preparing the property for rent are 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.

Can or should I amend my 2020 return for a rental property?

Excellent points, thanks! The house was listed in October 2020, so it was in service for three months in 2020.

Can or should I amend my 2020 return for a rental property?


@ReneGuzman wrote:

Excellent points, thanks! The house was listed in October 2020, so it was in service for three months in 2020.


In that case, as @ColeenD3 stated, you can deduct rental expenses from the date the property was place in service (i.e., available for rent), which was October of 2020.

Carl
Level 15

Can or should I amend my 2020 return for a rental property?

The house was listed in October 2020

I bet you thought this was going to be easy. 🙂 We all did when we got started in the rental property stuff. So you're not alone here. Been there. Done that. Got the T-Shirt.

Legally, you can report things on SCH E as a part of your 2020 tax return. But is it going to be worth it?

As I see it, you'll  have three months of utility bills. Lets say they total $400, which is really kinda high for vacant property. But I'll go with it.

Then you'll have 3 months worth of depreciation at most. Since I don't know the value of your structure or any other property improvements, lets pick a number out of thin air for depreciation, in the amount of $2,500. That gives you $2,900 of costs on this property for 2020.

Your repair and maintenance costs incurred before Oct 1 2020 are flat out not deductible, because those costs were incurred "before" the property was available for rent. Sucks, but that's the rules. I don't make the rules, congress does.

So with $2,900 of rental expenses and $0 rental income in 2020, you have nothing to deduct those costs from. Rental income and expenses are considered "passive". Therefore, you can only deduct your passive rental expenses from your passive rental income - of which you have $0 income to deduct them from.

 

Now, there is a few rules that will allow you to deduct each tax year, a maximum of $25K of your passive expenses from your "other" ordinary income. One of those rules is that you must be "actively involved" and "materially participate" in the management of your rental property. While you "could" be actively involved and materially participate, if you farmed things out to a property manager or rental management company (you say you did) then you may not be actively involved and materially participating. That would nix this right there.

But lets assume you can do this. Is a deduction of $2,900 (give or take) of taxable income "really" going to make that big a difference in your 2020 tax liability? Maybe it'll increase your refund by $10, but I don't think it would be even that much. Can only speculate here, because I have no clue what tax bracket you fall in to.

 

I myself would let things wait until next year when it's time to file the 2021 tax return. Then on that 2021 tax return I'd place the property "in service" on 1/1/2021 and go from there.  I wouldn't sweat it for the 3 months of expenses incurred at the end of the prior tax year. Especially since depreciation is not a permanent deduction (unless you die while you own it.)

 

Can or should I amend my 2020 return for a rental property?


@Carl wrote:

Now, there is a few rules that will allow you to deduct each tax year, a maximum of $25K of your passive expenses from your "other" ordinary income. One of those rules is that you must be "actively involved" and "materially participate" in the management of your rental property.


That is incorrect. An owner of rental property only needs to be an active participant (and meet the income requirements) in order to qualify for the special $25,000 allowance; material participation is not required.

 

See https://www.irs.gov/publications/p925#en_US_2020_publink1000104571

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