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ssssmith
New Member

Looking for worksheet 5-1 regarding renting a second home designated as a "dwelling unit for personal purposes" (Not an investment property!)

in 2021, i partially used, and partially rented, an apartment that was previously my primary residence.  My usage qualifies the property as a second "home" rented out, rather than an "investment property.  Looking for worksheet 5-1, which is supposed to help split the allowable personal expenses and rental expenses over the year.
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3 Replies
Carl
Level 15

Looking for worksheet 5-1 regarding renting a second home designated as a "dwelling unit for personal purposes" (Not an investment property!)

Sounds to me like you converted your primary residence to a rental property in 2021.  You refer to the property as "an appartment" which normally insinuates a dwelling you do not own. However, I am assuming you actually own the dwelling.

Basically, you're report your rental income/expenses on SCH E as a part of your personal 1040 tax return. The below guidance should help. Take note that expenses incurred "BEFORE" you converted the property to a rental are just flat out not deductible at all on the SCH E.  But mortgage interest and property taxes will be split between SCH A for the period of time it was your personal residence, and SCH E for the period of time it was a rental.  Property insurance needs to be manually pro-rated by you for the period of time it was a rental. Insurance while it was your residence is not deductible anywhere on your tax return.

If you have questions, by all means ask. It's not like we learn this stuff through osmosis. Absolute perfection in the first year of dealing with a rental property is not an option. It's a must. Even the tiniest of mistakes can (and will) grow exponentially over time. Then when you catch it years down the road the cost of fixing it will be expensive. So again, if you have questions after dealing with the below information, please ask.

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, or the date you decided to lease the property – whichever is later.
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 was contracted to move in, and/or "could" have moved in. That would be your "in service" date or after if you were asked for that. Vacant periods between renters do not count for actual days rented. Please see IRS Publication927 page 17 at https://www.irs.gov/pub/irs-pdf/p527.pdf#en_US_2020_publink1000219175 Read the “Example” in the third column.
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, 2nd home, or any other personal use reasons 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 Improve, restore, or otherwise “better” the property. Basically, they retain or add value to the property.

Betterments:
Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. An example of a pre-existing condition or defect in this context would be something such as foundation repair (slab jacking) or some other, hidden and costly, anomaly.
Restoration:
Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.
Adaptation:
Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property. Adding a wheelchair ramp would be an example.

 

Expenses for these types of costs 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 need to 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 instead of capitalizing and depreciating them, 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 its assets in the usable 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 for the very first time are not deductible.

Repair

Those expenses incurred to return the property or its assets to the same usable 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 for the very first time 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.

ssssmith
New Member

Looking for worksheet 5-1 regarding renting a second home designated as a "dwelling unit for personal purposes" (Not an investment property!)

Thanks for the info.  I do own the apartment.  I used it 19 days, friends used it 48 days at a below market rent, and it was rented under a lease for 130 days (empty the remaining days, but listed as available to rent or sell).  This was my primary home in NYC until March 22, 2020.  I left and took up primary residence in what had been a second home upstate.

The way i read Publication 527, for 2021 I pass the test of "a dwelling unit used as a home".  I think this is different from converting to an "investment property", but not sure?  The way i read the "dwelling unit used as a home" treatment, i report my rental income and expenses, but don't have to start depreciating the unit, which i would like to avoid (the expenses are so high, i do not need the depreciation to avoid tax on the rental income). 

You sound well versed on real estate topics!  Does your guidance still hold given this additional info? 

Carl
Level 15

Looking for worksheet 5-1 regarding renting a second home designated as a "dwelling unit for personal purposes" (Not an investment property!)

The way i read Publication 527, for 2021 I pass the test of "a dwelling unit used as a home". I think this is different from converting to an "investment property", but not sure?

Looks to me like you're not understanding the pub or are misinterpreting it. Bottom line is, the date you convert it to a rental, you can call it whatever you want, be it dwelling unit used as a home or investment property. The IRS says you report your rental income/expenses/depreciation on SCH E.  You nor I have any say in that.

 

I used it 19 days, friends used it 48 days at a below market rent,

That period of time used by friends at below market rent is considered personal use days. So I suggest you consider it as such and not bother with reporting any of that time frame on the SCH E. Simply report any income received for that time as "other income" and be done with it. You also might be able to "get away" with reporting the income on SCH E as having been received after converting the property to 100% rental. That's what I would probably do, but that's not really right. Would be a problem if I were audited on it. But my chances of an audit are so low that I don't consider it a possibility really. But then, never say never, right?

and it was rented under a lease for 130 days (empty the remaining days, but listed as available to rent or sell).

I assume the property was 100% rental then. Your date of conversion to rental property is the first day a renter "could" have moved in. Then, provided you did not live in the property as your primary residence, 2nd home, vacation home or any other type of "personal pleasure" use after that conversion date, you indicate it was rented "the whole year".  The program will figure your depreciation based on your in service date, and not on the fact that you select "the whole year".

I also assume your "130 days" was the last 130 days of 2021, and it remained classified as a rental after the new year and into 2022 - and most likely is still being rented today. Is that assumption correct?

 

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