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How does change in ownership percentage affect depreciation?

Scenario: Rental property purchased for $100,000. I put in $60,000 and am 60% owner and my business partner put in $40,000 and is 40% owner. We have been entering depreciation for the past 3 years using Schedule E based on our ownership percentages. This year there were significant repairs totaling $10,000 and so my partner offered to pay for them in exchange for 10% more ownership.

 

My understanding  is my partner can claim 100% of the extra $10k in expenses and I need to change the depreciation schedule to reflect this change. I can't just change the amounts for the asset in TurboTax because it will mess up what is reported for the depreciation already taken in prior years. Based on reading this other question it appears I need to create a new asset and deduct all prior depreciation I've taken from the COST and add it to the LAND.  That article refers to an increase in ownership percentage, so I'm wondering if it is the same process for a decrease? Also, with my decrease in ownership do I need to start a new 27.5 year schedule based on the day ownership percentage changed or can I get TurboTax to continue the schedule that started on the original date of purchase?

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1 Best answer

Accepted Solutions
DianeW777
Expert Alumni

How does change in ownership percentage affect depreciation?

Yes, you need to start a new schedule for your assets. No, the other answer is not instructing to add any cost to the land portion of the cost. See the instruction below for clarity and setting up the property under a new ownership percentage.

 

Since you are lowering your ownership percentage, then the same application should be followed for the capital improvement.  This means each of you should be depreciating your ownership percentage of the capital improvements (50-50)..

  1. As you work through the asset, write down the amount in the COST box and the COST OF LAND box.

  2. After working through that asset in it's entirety, write down the prior years depreciation and current year depreciation. Add those two numbers together to get the total depreciation taken on the property.

  3. Now subtract the total depreciation taken from the amount in the COST box that you wrote down earlier. This will be your new cost basis on this specific asset (this is the total for both building and land).

  4. You must do the above for each individual asset listed.

  5. Once done, the entire property and all assets associated with it are converted to personal use on the date that is one day BEFORE you changed to a lower percentage of ownership of the property. 

  6. Now you will enter an entirely new rental property using your share percentage.

  7. Your acquisition date of that property will be the date you changed the ownership percentage. 

  8. Your cost basis of the property and any other assets listed will be the "adjusted cost basis" you figured on each asset with the math above.

  9. Land will have the same cost basis you originally used (land is not a depreciable asset)

  10. Depreciation will start over from day one (the date you changed the ownership percentage) for the next 27.5 years.

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4 Replies
DianeW777
Expert Alumni

How does change in ownership percentage affect depreciation?

Yes, you need to start a new schedule for your assets. No, the other answer is not instructing to add any cost to the land portion of the cost. See the instruction below for clarity and setting up the property under a new ownership percentage.

 

Since you are lowering your ownership percentage, then the same application should be followed for the capital improvement.  This means each of you should be depreciating your ownership percentage of the capital improvements (50-50)..

  1. As you work through the asset, write down the amount in the COST box and the COST OF LAND box.

  2. After working through that asset in it's entirety, write down the prior years depreciation and current year depreciation. Add those two numbers together to get the total depreciation taken on the property.

  3. Now subtract the total depreciation taken from the amount in the COST box that you wrote down earlier. This will be your new cost basis on this specific asset (this is the total for both building and land).

  4. You must do the above for each individual asset listed.

  5. Once done, the entire property and all assets associated with it are converted to personal use on the date that is one day BEFORE you changed to a lower percentage of ownership of the property. 

  6. Now you will enter an entirely new rental property using your share percentage.

  7. Your acquisition date of that property will be the date you changed the ownership percentage. 

  8. Your cost basis of the property and any other assets listed will be the "adjusted cost basis" you figured on each asset with the math above.

  9. Land will have the same cost basis you originally used (land is not a depreciable asset)

  10. Depreciation will start over from day one (the date you changed the ownership percentage) for the next 27.5 years.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

How does change in ownership percentage affect depreciation?

do you have a partnership agreement?

from 1065 instructions

How Income Is Shared Among Partners
Allocate shares of income, gain, loss, deduction, or credit among the partners according to the partnership agreement for sharing income or loss generally. Partners may agree to allocate specific items in a ratio
different from the ratio for sharing income or loss. For instance, if the net income exclusive of specially allocated items is divided evenly among three partners but some special items are allocated 50% to
one, 30% to another, and 20% to the third partner, report the specially allocated items on the appropriate line of the applicable partner's Schedule K-1 and the total on the
appropriate line of Schedule K, instead of on the numbered lines on page 1 of Form 1065,
Form 1125-A, or Schedule D. If a partner's interest changed during the year (such as the entrance of a new partner, the exit of a partner, an increase to a partner's interest through an additional capital contribution, (that's what the $10K is) or a decrease in a partner's interest through a distribution), see
section 706(d) and Regulations section 1.706-4 before determining each partner's distributive share of any item of income, gain, loss, and deduction, and other items. Partnership items are allocated to a partner
only for the part of the year in which that person is a member of the partnership.  Generally, for each change in a partner’s interest, the partnership will either allocate its items using a proration method or a
closing-of-the-books method. Special rules apply to certain partnerships, certain variations, and certain items. See Regulations section 1.706-4 for additional rules and procedures for making elections. In addition, special rules in section 706(d)(2) apply to certain items of partnerships that report their income on the cash basis.

 

 

1.706-4(a)(3)

(iii) Third, determine with respect to each variation whether it will apply the interim closing method or the proration method. Absent an agreement of the partners (within the meaning of paragraph (f) of this section) to use the proration method, the partnership shall use the interim closing method. The partnership may use different methods (interim closing or proration) for different variations within each partnership taxable year; however, the Commissioner may place restrictions on the ability of partnerships to use different methods during the same taxable year in guidance published in the Internal Revenue Bulletin.

 

(f) Agreement of the partners. For purposes of paragraphs (a)(3)(iii) (relating to selection of the proration method), (c)(3) (relating to selection of the semi-monthly or monthly convention), (d) (relating to performance of regular monthly or semi-monthly interim closings), and (e)(2)(ix) (relating to selection of additional extraordinary items) of this section, the term agreement of the partners means either an agreement of all the partners to select the method, convention, or extraordinary item in a dated, written statement maintained with the partnership's books and records, including, for example, a selection that is included in the partnership agreement, or a selection of the method, convention, or extraordinary item made by a person authorized to make that selection, including under a grant of general authority provided for by either state law or in the partnership agreement, if that person's selection is in a dated, written statement maintained with the partnership's books and records. In either case, the dated written agreement must be maintained with the partnership's books and records by the due date, including extension, of the partnership's tax return.

Carl
Level 15

How does change in ownership percentage affect depreciation?

I am assuming that a 1065 partnership return is not being used here. Instead, each partner is reporting there percentage of ownership/income/expenses/depreciation on page 1 of SCH E of their individual 1040 tax returns. The program can not correctly handle a change of ownership percentage without jumping through hoops and swimming a raging river. Even then, things most likely won't be done correctly. The program (like all programs) has it's limits, and this scenario exceeds those limits.

Yes, you need to start a new schedule for your assets

This is not as simple as it sounds. Under no circumstances and with no exceptions should you change anything on any asset already listed in the Assets/Depreciation section. Doing so will skew the depreciation history and the current year depreciation will be wrong.

Depending on how things were initially set up by both of you for "percentage of ownership", changing that percentage may also skew the depreciation information.

I would highly (and I do mean "HIGHLY") advise both of you to seek professional help to establish a partnership that files a 1065-Multimember LLC/Partnership tax return. This will make both of your lives easier down the road; especially when you go to sell the property, or take on an additional partner or something like that.

If your state (or the state of either partner) taxes personal income, then I HIGHLY HIGHLY HIGHLY recommend you get professional help for dealing with this.

If you set up a partnership that files a 1065 for this property, then all costs involved can be claimed as a business/rental expense on the 1065.

How does change in ownership percentage affect depreciation?

Correct, we have been reporting the percentage on a schedule E. Thanks for the advice - I'll look further into getting a professional and/or establishing a 1065-LLC.

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