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I bought an apartment abroad in France in 2019. I renovated it to rent it. Can I deduct the loan and renovation from my tax for 2020? Which package should I take?

 
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2 Replies
Carl
Level 15

I bought an apartment abroad in France in 2019. I renovated it to rent it. Can I deduct the loan and renovation from my tax for 2020? Which package should I take?

Can I deduct the loan and renovation

No, what you paid for the property and what you paid for "Property Improvements" is not deductible, and really never has been per-se. Here's clarification.

Mortgage interest paid in the tax year (including any advance interest paid at closing) is deductible in the tax year it is paid.

Property improvements are never "deducted" per-se. They are capitalized and depreciated over time. For rental property in the U.S. depreciation is over 27.5 years. For foreign rental property placed in service ***AFTER*** Dec 31, 2017, it's depreciated over 30 years.  Here's some clarification of the difference between "property improvements" and other types of costs directly related to preparing the property for rent.

Rental Property Dates & Numbers That Matter.

Date of Conversion - If this was your primary residence or 2nd home 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 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.

Carl
Level 15

I bought an apartment abroad in France in 2019. I renovated it to rent it. Can I deduct the loan and renovation from my tax for 2020? Which package should I take?

One other thing on the mortgage interest, property taxes and property insurance. If the loan and/or insurance was obtained through a foreign entity, they probably will not be sending you a 1098-Mortgage Interest Statement at fax filing time each year. So make sure you maintain documentation that can "prove" in a court of law, the amounts you will be claiming that you paid.

For the mortgage, something like the monthly billing statement that breaks down the principle and interest payments should suffice. For the property insurance, a copy of the bill from the insurance company should suffice. For any property taxes (and any other taxes assessed by a foreign taxing authrority) a copy of the tax billing statement should suffice. The IRS suggest you keep all of these documents on file for at least three years. But I recommend you keep them for the entire time you own the property, and an additional 3 years after you sell or otherwise dispose of the property in the future.

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