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JohnL13
Returning Member

Primary home then rented before sale - potentially no depreciation taken

Situation:  figuring out how to show the sale of a home that was once a primary residence.   Home was used as primary residence for 5-6 yrs then rented out for 30+ yrs.  Don't know if depreciation never taken as a rental (or if it was depreciated using MACRS or no depreciation left).  Sold the property after being vacant for 1-2 months.

 

Advice?

 

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8 Replies
Carl
Level 15

Primary home then rented before sale - potentially no depreciation taken

Work through the SCH E section of the program to the "assets/depreciation" section and elect to update/edit Assets/Depreciation. At an absolute minimum, the property itself should be listed there. Elect to EDIT that asset and work it through. Read the screens. If you've got data there showing prior year's depreciation taken, and current year's (2019) depreciation taken, then you're good. You've been depreciating the property as required by law.

If the property is "NOT" listed in the assets/depreciation section, then you have a "serious" issue here. As I'm sure you're aware by now, you are required by law to depreicate rental property. So if you haven't been depreciating it for the last 30 years, the bottom line is you can not use TurboTax to report anything (including the sale) of this property.

You will need to include IRS Form 3115-Change in Accounting Method to property "correct" your mistake of having never depreciated the property. WHile the program does include the 3115 I can tell you right now that the form is *NOT* as simple as it looks. You will need to seek professional help to do this correctly. Your fines and penalties for not depreciating are going to be high enough as it is. A tax professional can help you keep those fines and penalties down. It will make the cost of that professional help seem like a pittance in comparison too.

If you "did" depreciate the property, then you can you TurboTax to report the sale with no issues. But please let me know so I can provide you information you will need to "correctly" report the sale in the program. The program does not provide the clarity that I personally think it should, and this will lead to incorrect reporting of the sale. My "additional information" will provide you that much needed clarity.

 

Primary home then rented before sale - potentially no depreciation taken


@JohnL13 wrote:

 Don't know if depreciation never taken as a rental (or if it was depreciated using MACRS or no depreciation left).  

 

Advice?

 


Go to a good tax professional.  Gather all of your tax returns that you can find, and bring them to the tax professional.  Also, compose a list of all improvements has made (as well as the amounts you paid), such as remodeling, furnace/air conditions, and roof.

 

The tax professional can through the prior tax returns to see what needs to be done.

JohnL13
Returning Member

Primary home then rented before sale - potentially no depreciation taken

Carl, thanks for the reply regarding the subject.  I found previous tax records and the rental property was depreciated in full over 30 yrs.  A several years of no depreciation then some capital expenses (new roof 2x, windows 1x) that are being depreciated (used TT on initial reporting and it's been self-populating).  So, it looks like capital gains will be based on the sale minus original cost basis at time of purchase plus (minus) any depreciation for the current year from the capital expenses, right?  Any residual 'depr' for the capital expenses would manifest itself in the sales price of the property, right?

 

Thanks again for the assistance.

JohnL13

  

Primary home then rented before sale - potentially no depreciation taken

Residential real estate is fully depreciated after 28 tax years ... so if it has been rented for 30 years the cost basis is zero.  If you have newer assets then those should still be being depreciated ... look at the prior year depreciation worksheets.   To properly sell the property you must enter the home/land back into the asset section even if it shows zero current year depreciation.   Of course if you are not comfortable with this situation I highly recommend you seek local professional assistance with this tax return.  

Carl
Level 15

Primary home then rented before sale - potentially no depreciation taken

Critter's comment applies to the main structure only. If you did any capital improvements less than 27.5 years before the closing date of the sale, then those improvements are not fully depreciated. So it's perfectly possible your total cost basis will not be zero.

Glad to hear that you were able to confirm you did in fact, depreciate as required by law. If you really had rented the property for 30 years without taking depreciation, then even the gain on the sale would not be enough to pay all your back taxes, penalties and fines.

If you just follow the guidance below to report the sale, it should be no problem. The below guidance assumes the last occupant to move out prior to the sale was a rental tenant.

Your taxable gain on the sale is determined as follows. Understand the information is *ROUGH* and not all inclusive.

 - What you paid for the property, plus what you paid for any capital improvements. From this total you subtract the total of all depreciation taken. This gives you your adjusted cost basis.

 - Subtract the adjusted cost basis from your sales price, and this is your preliminary gain on the sale.

 - Subtract from the gain the total of all of your carry over losses and your sales expenses. This total will be your taxable gain on the sale.

If the last occupant to move out of the house prior to the sale was a rental tenant, then *DO NOT* convert the property to personal use prior to reporting the sale.

If the last tenant moved out in 2018 and you sold the property in 2019, then DO NOT select the option that reads "I did not rent or attempt to rent this property 2019". If you select that option, then you will be *FORCED* to delete the SCH E from your 2019 return and you will lose *EVERYTHING* including all carry over losses and depreciation.

Reporting the Sale of Rental Property

If you qualify for the "lived in 2 of last 5 years" capital gains exclusion, then when prompted you WILL indicate that this sale DOES INCLUDE the sale of your main home. For AD MIL personnel who don't qualify because of PCS orders, select this option anyway, because you "MIGHT" qualify for at last a partial exclusion.

Start working through Rental & Royalty Income (SCH E) "AS IF" you did not sell the property. One of the screens near the start will have a selection on it for "I sold or otherwise disposed of this property in  2019". Select it. After you select the "I sold or otherwise disposed of this property in 2019" you continue working it through "as if" you still own it. When you come to the summary screen you will enter all of your rental income and expenses, even it it's zero. Then you MUST work through the "Sale of Assets/Depreciation" section. You must work through each individual asset one at a time to report its disposition (in your case, all your rental assets were sold).

Understand that if more than the property itself is listed in your assets list, then you need to allocate your sales price across all of your assets.  You will only allocate the structure sales price; you will NOT allocate the land sales price, since the land is not a depreciable asset.  Then if you sold this rental at a gain, you must show a gain on all assets, even if that gain is $1. Likewise, if you sold at a loss then you must show a loss on all assets, even if that loss is $1

Basically, when working through an asset you select the option for "I stopped using this asset in 2019" and go from there. Note that you MUST do this for EACH AND EVERY asset listed.

When you finish working through everything listed in the assets section, if you ever at any time you owned this rental you claimed vehicle expenses, then you must also work through the vehicle section and show the disposition of the vehicle. Most likely, your vehicle disposition will be "removed for personal use", as I seriously doubt you sold your vehicle as a part of this rental sale.

JohnL13
Returning Member

Primary home then rented before sale - potentially no depreciation taken

Carl, following up on my previous inquiries and your replies, I have confirmed that the rental home was fully depreciated and reported to the IRS.  There is recent capital improvements (roof, etc) being depreciated.  What 'Additional Information' you referred to should be considered.

 

 

Carl
Level 15

Primary home then rented before sale - potentially no depreciation taken

What 'Additional Information' you referred to should be considered.

Actually, it's covered in the "reporting the sale of rental property" in my previous post in this thread. The important thing is that you sale price is first allocated between your land sale and structure sale. Then if you have other depreciable assets listed, (you do, and it's the roof) you allocate a portion of your structure sale price, to the roof sales price.

What you want to try to avoid is what I call "cross allocation". Do not allocate the sales price of a non-deprecable asset (the land) to a depreciable asset.

For the most part, 99% of rental property sellers will only have one single non-depreciable asset, and that will be the land itself. But that other 1% could actually have two non-depreciable asset entries. For example, if a few years after you converted the property to rental, you paid $5,000 to have the back lot cleared that is a part of the rental property, that would be a land improvement that would add to the cost basis of the land only. That would have been entered as such in the assets/depreciation section so that it would add to your cost basis and not be depreciated.

In my opinion (and well all know what opinions are like) I want to keep my yearly depreciation as low as I can legally get away with. That's because in the year I sell the property I have to recapture that depreciation and pay taxes on it. The depreciation recapture also adds to your AGI and can have the potential to bump you into the next higher tax bracket too. So what you may think you "save" by depreciating the property faster, or at a higher dollar amount each year, will most likely cost you dearly in taxes in the year you sell the property and have to recapture that depreciation.

 

JohnL13
Returning Member

Primary home then rented before sale - potentially no depreciation taken

I've reviewed all TT questions again (probably by 3rd or 4th time) and the Forms.  Thanks for the assistance.  You've been very helpful and thoroughly responsive.  

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