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Questions about my rental house - new patio and deck posts

I had two new support posts put on my deck at a total cost (materials and labor) of $1840. Is that an “improvement”?  Would this fit under “Did you buy and items for any business, rental property, and/or farm that costs $2500 or less in 2019?” How do I put that in turbotax?

Also, I had a new patio installed for $2650. How do I put that in turbotax?

If this makes a difference, my answer is “no” to “The cost of all repairs, maintenance, and improvements is less than or equal to the smallest of these limits: 2% of unadjusted bias of your building or $10,000. “

Both jobs were done by the same company at the same time. Am I supposed to send them a 1099-MISC?

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18 Replies
Carl
Level 15

Questions about my rental house - new patio and deck posts

There is absolutely no question that you have property improvements here that need to be capitalized and depreciated over 27.5 years. They meet the definition of a property improvement without question. If the assets were placed "in service" on the same date, then you can combine them into a single entry in the Assets/Depreciation section.  Classify it as Residential Rental Real Estate and you'll enter a zero in the "Cost of Land" box.

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.

Carl
Level 15

Questions about my rental house - new patio and deck posts

Oh yeah, you also do *NOT* have to send a 1099-MISC. You only do that if you qualify for QBI. With only one rental property I feel confident in stating that you do not qualify for QBI on this property.

 

Questions about my rental house - new patio and deck posts

Pretty sure this advice is incorrect.   Landlords must provide 1099s where required--not just QBI landlords.    Paying by Paypal or a credit card is one way to avoid the requirement.

Questions about my rental house - new patio and deck posts

Isn't the post project (under $2500) eligible for de minimis treatment?

Questions about my rental house - new patio and deck posts


@LRC11 wrote:

Pretty sure this advice is incorrect.   Landlords must provide 1099s where required--not just QBI landlords.    Paying by Paypal or a credit card is one way to avoid the requirement.


Form 1099-MISC is for business reporting only.

 

See https://www.irs.gov/instructions/i1099mec#en_US_2022_publink1000276527

 

Further, the method of payment is irrelevant.

Questions about my rental house - new patio and deck posts


@LRC11 wrote:

Isn't the post project (under $2500) eligible for de minimis treatment?


It could very well qualify as a repair, in which case the de minimis safe harbor election would not be needed.

Questions about my rental house - new patio and deck posts


@LRC11 wrote:

Isn't the post project (under $2500) eligible for de minimis treatment?


If it is a repair, it can be expensed.  If it is an improvement, there are 2 different safe harbors, one for $2500 that applies to small businesses,  and another one that is up to $10,000 or 2% of the adjusted basis of the property. (Two different parts of the regulations.)

 

In any case, this is a 2-1/2 year old discussion you have re-opened.

Questions about my rental house - new patio and deck posts

The ($2,500/$5,000) de minimis safe harbor is not limited to small business.

 

The final tangibles regulations apply to anyone who pays or incurs amounts to acquire, produce, or improve tangible real or personal property. These regulations apply to corporations, S corporations, partnerships, LLCs, and individuals filing a Form 1040 or 1040-SR with Schedule C, E, or F.

Questions about my rental house - new patio and deck posts


@tagteam wrote:

The ($2,500/$5,000) de minimis safe harbor is not limited to small business.

 

The final tangibles regulations apply to anyone who pays or incurs amounts to acquire, produce, or improve tangible real or personal property. These regulations apply to corporations, S corporations, partnerships, LLCs, and individuals filing a Form 1040 or 1040-SR with Schedule C, E, or F.


There are two different safe harbors that sometimes get confused.  The safe harbor for small taxpayers (SHST; IRS Reg. §1.263(a)-3h) can be used for buildings with an adjusted cost basis of $1M or less, so that at least puts some limits on the ability of big landlords to use the safe harbor.  This safe harbor allows deduction of improvements costing less than 2% of the building's cost basis.  And "small taxpayer" is in the name...

 

 

Questions about my rental house - new patio and deck posts

I was referring to the 1099-NEC  not 1099 misc.   The 1099-NEW is to report payments by cash, check or in-kind and over $600 (annually aggregated) to certain contractors.   Perhaps the original poster is incorprated as a business but I don't think so from the question.   

Questions about my rental house - new patio and deck posts

 I meant 1099-NEC not NEW.

 

Questions about my rental house - new patio and deck posts


@Opus 17 wrote:
And "small taxpayer" is in the name...

I was referring to §1.263(a)-1(f).

Questions about my rental house - new patio and deck posts


@tagteam wrote:

Further, the method of payment is irrelevant.


 

Actually, it is.  If it is subject to a 1099-K, it is not supposed to be on a 1099-MISC or NEC.  You can scroll down a bit on your link under "Exceptions", or look at 1.6041-1(a)(1)(iv).

Questions about my rental house - new patio and deck posts


@AmeliesUncle wrote:

@tagteam wrote:

Further, the method of payment is irrelevant.


Actually, it is.  If it is subject to a 1099-K, it is supposed to be on a 1099-MISC or NEC.  You can scroll down a bit on your link under "Exceptions", or look at 1.6041-1(a)(1)(iv).


I meant that the method of payment is irrelevant in terms of whether or not a 1099 (tax reporting statement) is required to be filed.

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