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can section 179 be used for rental properties

In 2018 I  used section 179 to deduct anew  water heater in my rental property (investment property). I just learned from reading other post that residential rental properties are not eligible for section 179. What do I need to do to correct the situation?

 

Thank you for you advice.

 

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4 Replies
Carl
Level 15

can section 179 be used for rental properties

What you need to do is amend your 2018 tax return and remove the SEC179 deduction for the water heater. While you are now aware that "residential" rental real estate property and most associated assets are not eligible for SEC179, they are eligible for the 50% special depreciation allowance. That allows you to depreciate up to 50% of the cost in the first year. So I would recommend you change it from a SEC179 deduction to the 50% special depreciation allowance if you want.

Just be aware that any way you go will not make one single penny of difference to your 2018 tax liability. Normally, you would not amend a tax return if it made no difference to your tax liability. But in this case you have done something that is not allowed by law by taking the SEC179 deduction. So that's the primary reason you need to amend. Some additional notes:

Some folks think a hot water heater can be expensed under the de-minimus safe harbor act. While this is true for a refrigerator, it's not true for a hot water heater. The refrigerator can be expensed under the safe harbor act because it does not become "a physical part of" the structure. Howver, a hot water heater doesn't qualify for the safe harbor becuase it does become "a physical part of" the structure when it's attached to the plumbing system of the structure. For that reason it's classified as residential rental real estate and gets depreciated over 27.5 years. It's not classified as equipment that gets depreciated over 5 or 7 years. Seems weird because in my book, a hot water heater is equipment, just like a refrigerator is.

Equipment is items used in any business to generate income. For example, a retail store has shelving, cash registers, and display stands. All of these items are equipment and all of these items are used to generate income. When the store is closed or sold all of that equipment can be physically removed from the building without affecting the value of that building or the land it sits on.

So while one may think of a hot water heater as equipment, the fact is you can not remove it from the structure without affecting the value of that structure. So that's why a hot water heater is classified as residential rental real estate and depreciated over 27.5 years the same as the structure is.

Some folks thinks it helps on the tax front if they break things down and list all appliances as separate assets so they can depreciate them faster. They're wrong on several fronts.

First, rental property practically always operates at a loss every single year. When you add the depreciation you're required to take on the property itself, to the expenses of mortgage interest, property taxes and insurance, those items alone will exceed the total rental income for the year. Add to that the other allowed expenses (repairs, maintenance, etc.) and you're practically guaranteed to operate at a loss every year. 

Once your deductible rental items get your taxable rental income to zero (and it will) any remaining losses are just carried forward to the next year. With each passing year your losses continue to increase and get carried forward.

Second, when you sell rental property you are required by law to recapture all prior depreciation taken (or the depreciation you should have taken) and pay taxes on it. That recaptured depreciation gets added to your AGI and has the potential to bump you into the next higher tax bracket.

In addition to the above, many locales and a few states impose what is commonly referred to as a tangible property tax and any and all equipment used in the production of income. So if you think listing those kitchen appliances as separate assets will save you money, think again. The money you think you save each year, you end up paying to a lower level taxing authority in the form of a tangible property tax "every single year" that asset is in service.

Lets say your local county imposes a tangible property tax. YOu can probably get away with not reporting it and paying it to the county each year. However, in the tax year you sell the property you have to record that sale in your local county courthouse. Now you're caught. Not only are you going to pay all the back taxes on that intangible property, you'll probably pay a penalty or fine too. Don't think you can with hold your payment either. The county will not record the sale of your property until after you have paid all that stuff.

 

can section 179 be used for rental properties

You might be able to use the safe harbor for small taxpayers election.

 

Safe Harbor Election for Small Taxpayers

You are not required to capitalize as an improvement, and therefore may be permitted to deduct, the costs of work performed on owned or leased buildings, e.g., repairs, maintenance, improvements or similar costs, that fall into the safe harbor election for small taxpayers. The requirements of the safe harbor election for small taxpayers are:

  • Average annual gross receipts of $10 million or less; and
  • Owns or leases building property with an unadjusted basis of less than $1 million or less; and
  • The total amount paid during the taxable year for repairs, maintenance, improvements, or similar activities performed on such building property doesn't exceed the lesser of-
    • Two percent of the unadjusted basis of the eligible building property; or
    • $10,000 (for questions about how to calculate the unadjusted basis, refer to "Figuring the Unadjusted Basis of Your Property" in Publication 946
  • You make the election to use the safe harbor for each taxable year in which qualifying amounts are incurred.
    • The election is made by attaching a statement to your income tax return for the taxable year. See When and how do you make an election provided under the final tangibles regulations?
    • An annual election is not a change in method of accounting. Therefore, you shouldn't file Form 3115, Application for Change in Method of Accounting, to make this election or to stop applying the safe harbor in a subsequent year.

 

See https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations#Wh...

can section 179 be used for rental properties

Thank you Carl for taking the time to answer to this post. I greatly appreciate your detailed  explanation. Also does carpet and flooring falls also under " residential and real estate depreciation 27 1/2 years"? Other people seem to believe and and deduct those under the safe harbor de-minimus when the cost is less than 2500 dollars. 

Carl
Level 15

can section 179 be used for rental properties

If you tear out the carpet and rip up the floors, that will undoubtedly reduce the value of the structure they are presently "a physical part of". Now for me on the carpet side, if I carpet the whole house or a substantial portion of it, or if I replace the carpet in the whole house or all the carpet in all the rooms that are carpetted already, I treat it as the property improvement that it is because there is no doubt that new carpet (be it first time carpeting or replacing old carpet) increases the value of the structure.

But lets use my real world example for when I would just deduct it.

I have a 2BR/1BA rental house where only the two bedrooms are carpeted. The rest of the house (hallway, dining room, kitchen, living room, bath room, breakfast nook) are all vinyl flooring or ceramic tile. Back in 2016 I had to replace the carpet in one of the bedrooms becuase the prior tenant had basically ruined it beyond cleaning or any type of repair or recovery. Cost me about $250 for that one bedroom. I just expensed it because the old carpet they ruined was less than 2 years old. So the new carpet didn't really add any value to the overall structure.

In fact, if you walked into the house today and I asked you which bedroom had the newer carpet, you couldn't tell. (I always have my carpets professionally cleaned and revatalized between renters, so they always look brand new for the next tenant)

In other words, I look at things from the perspective of a qualified property appraiser when asking myself if I can "get away" with expensing it.

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