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Dual Use Property - Possible Deductions

Hi,

I have the following scenario:

My wife's family owns a property in Vermont with two buildings and ~100 acres of land.

 

Two questions:

1) While my mother-in-law is the owner, my wife and I pay for all the expenses and also receive income from renting out one of the two buildings on AirBnb and month-by-month.

--> Since we have to report the income, can we also claim any deductions, e.g. maintenance and property management fees we pay? OR do we need to own the property to do that?

 

2) There are two buildings on the property, one is for personal/family use while the other is only used commercially, i.e. rented on AirBnB or month-by-month. There is no personal use of that second building.

--> Can we and if so what is the correct way, split and deduct expenses such as property taxes or insurance between the two buildings?

 

Thank you

 

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7 Replies

Dual Use Property - Possible Deductions

First you need to divide the common expenses between the buildings in any reasonably logical  way and then the rental income & corresponding expenses will be reported on the Sch E however since you do NOT own the property you cannot take any depreciation on the building.  

Carl
Level 15

Dual Use Property - Possible Deductions

For what you are renting out, you do not own it. Therefore you can not depreciate it. But you can claim all rental expenses that you pay and can prove they were a rental expense. When you enter this into the Rental & Royalty Income (SCH E) section of the program, you will enter ZERO dollars fo COST and ZERO dollars for COST OF LAND. That way, no depreciation is taken.

Rental Property Dates & Numbers That Matter.

Date of Conversion - If this was your primary residence before, then this date is the day AFTER  you moved out.
In Service Date - This is the date a renter "could" have moved in. Usually, this date is the day you put the FOR RENT sign in the front yard.
Number of days Rented - the day count for this starts from the first day a renter "could" have moved in. That should be your "in service" date if you were asked for that. Vacant periods between renters count also PROVIDED you did not live in the house for one single day during said period of vacancy.
Days of Personal Use - This number will be a big fat ZERO. Read the screen. It's asking for the number of days you lived in the property AFTER you converted it to a rental. I seriously doubt (though it is possible) that you lived in the house (or space, if renting a part of your home) as your primary residence or 2nd home, after you converted it to a rental.
Business Use Percentage. 100%. I'll put that in words so there's no doubt I didn't make a typo here. One Hundred Percent. After you converted this property or space to rental use, it was one hundred percent business use. What you used it for prior to the date of conversion doesn't count.

RENTAL POPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

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. 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 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.

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.

Anonymous
Not applicable

Dual Use Property - Possible Deductions

might actually be reported on schedule C  because with a B & B you render personal services      which may subject you to se taxes.  

 

Tax Issues When Operating a Bed and Breakfast or Hotel
In some cases, renting out all or part of your house or apartment can be classified for tax purposes as the equivalent of running a bed and breakfast or hotel. This will be the case if you dedicate a room or rooms in your home solely for the use of paying customers and never personally live in such rooms. You’ll also be classified as running a hotel business if you provide substantial services that are primarily for your guest’s convenience, such as regular cleaning, changing linen, or maid service during their stay.

In this event, your rental activity will be treated as a business for tax purposes. This means you’ll have to pay both federal income and self-employment (Social Security and Medicare ) taxes on your rental income, which will increase your tax burden. On the other hand, the restrictions on your deductions described above won’t apply, except that there may still be limits on any annual losses you’re allowed to deduct. Ordinarily, you’ll report your rental income and expenses on Schedule C (Form 1040), Profit or Loss from Business.

Dual Use Property - Possible Deductions


@Florida712 wrote:

I have the following scenario:


In reality what you have is an extremely complicated tax scenario for which you should seek professional legal and tax guidance.

 

This is really not something you should try to navigate on your own and there are infinitely better options for handling this transaction than the way it is being handled.

Dual Use Property - Possible Deductions

@Carl Thank you for the detailed response. 

How would you address the TurboTax question of Ownership?

 

Since my wife and I file jointly, designated owners are either her, me or jointly though legally neither one of us owns the property at this time.

 

What would be a good and accepted metric to divide common costs between the two buildings? The buildings which is available for personal use (100%) is also only occupied maybe 4-6 weeks per year as a vacation home. Would square footage be good or overall occupancy days of each section?

Thank you

Dual Use Property - Possible Deductions

This is not a B&B at all, we do not provide any service other than rental through AirBnb of one building that is not used for personal reason. Th personal use building is actually a vacation home that is only very sparingly used throughout the year.

 

Thank you for taking time to answer my question.

Carl
Level 15

Dual Use Property - Possible Deductions

How would you address the TurboTax question of Ownership? Since my wife and I file jointly, designated owners are either her, me or jointly though legally neither one of us owns the property at this time.

Claim you both own it. Ownership is a moot point really, since your cost basis in the property will be $0 because you did not purchase it.

What would be a good and accepted metric to divide common costs between the two buildings?

Easy-peesy. If the total square footage of floor space among all structures on the property is 5000 sq feet, and what you are renting out is 1000 sq feet, that's 20%. It's quite obvious that you haven't even tried this with the program yet. Otherwise, you wouldn't need to ask this really. When you work this through the program and indicate that you rent out a part of your primary residence, you will be asked the square footage questions and the program will figure this stuff *for you*.

Would square footage be good or overall occupancy days of each section?

You're doing a process I like to refer to as "complexified simplification". That's where you take something so simple and go out of your way to make it as complex as possible. Totally unnecessary. Work it through the program and you'll see. One thing I do stress though, is to read *EVERYTHING* on each screen before entering data or making selections. ThE sMaLl PrInT mAtTeRs, big time!

 

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