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I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

 
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I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

no depreciation for 2021 since it wasn't available for rental.  the in-service date for 2022 would be in July 2022

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I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

no depreciation for 2021 since it wasn't available for rental.  the in-service date for 2022 would be in July 2022

I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

thank you @Mike9241 happy thanksgiving to you thanks for your awesome advice as always! 

Carl
Level 15

I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

Since the property was not available for rent at all in 2021, absolutely nothing concerning this property will be reported on SCH E at all. For tax purposes, it's basically a 2nd home for all of 2021. The only thing you can claim on your 2021 tax return for this property, is property taxes paid in 2021, and any mortgage interest paid in 2021. They will be SCH A itemized deductions. That's basically it.

Make sure you keep all of the paperwork you received at the closing, as well as all receipts for any work you paid to have done on the property to make it move-in rent ready. Those things that are property improvements will be added to the cost basis when you convert the property to rental property next year, on your 2022 tax return.  Most of your closing costs on the purchase will also be deductible or amortized on the SCH E of your 2022 tax return next year also.

Assuming you are a first time landlord, the below information is provided for you to print and file with your paperwork, as you will need it for correct reporting next year when you complete your 2022 tax return. Be aware that in that first year of renting, perfection is not an option... it's a must. Even the tiniest of mistakes can "and will" grow exponentially over time. When you catch the error years down the road (usually in the year you sell the property) the cost of fixing it "WILL" be high. So if you have questions, by all means 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, they will appraise it at a higher value, than they 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.

 

I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

Thank you @Carl I am experinced investor and do my own taxes so I learn things and strategize better, not yet ready to hand the boton off to a pro yet.

 

This is VERY helpful, I did not know that I could claim the taxes and interest and claim the home as a second home for 2021.

I am glad I did not lose those deductions.

 

I do have a question about loans, if this is not the proper place to ask I will ask the question in another thread.

 

I understand the mortgage underwriters add back all depreciation.  So it is best to depreciate whatever I possibly can.  In 2021, I had so many expenses on homes purchased that were not rent ready and will become a second home.  This will then result in quite a lot of losses.  Does this lower the amount of money I will get approved for by the underwriter?  OR, will they not consider those losses on those rental properties, since they were in the process of getting rent ready?

 

THANKS! 

I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

You will complete a tax return using the IRS rules no matter what an underwriter does later.  This is a rule and not an option however you can always slow the depreciation if you like and/or skip the special depreciation option.

 

https://www.irs.gov/publications/p946

Carl
Level 15

I bought a property in July 2021. It sat vacant during a remodel and did not rent it out until July 2022. Do I have to claim any depreciation on the rental property in 2021? I would rather claim them in tax year 2022.

This is VERY helpful, I did not know that I could claim the taxes and interest and claim the home as a second home for 2021.

Just keep in mind that for 2021, if the total of all your itemized deductions does not exceed your standard deduction, than itemizing has absolutely no impact on your tax liability. But if you have a mortgage on your primary residence also, itemizing the mortgage interest on SCH A for both properties may contribute to your itemized SCH A deductions exceeding your standard deductions. It depends on a number of factors like your filing status, other itemized deductions and the such.

 In 2021, I had so many expenses on homes purchased that were not rent ready and will become a second home. This will then result in quite a lot of losses.

For your 2021 taxes, a vast majority of your "selling/buying expenses" will not be deductible. But when you convert the property to business use on your 2022 taxes, you will be able to claim those expenses one way or another on the 2022 return. That's why I advised you to keep all your paperwork. Basically, it works like this:

- Costs associated with acquisition of the loan are amortized and deducted (not depreciated) over the life of the loan. This will start on the date you convert the property to a rental and it's move-in ready for a tenant. Examples of this type of costs would be loan application fees, a property survey if (and only if) required as a condition of loan approval.

- Costs associated with acquisition of the property are added to the cost basis of the property and depreciated over time. For residential rental real estate, depreciation is over 27.5 years with depreciation starting on the date the property is placed in service and is move-in ready for a tenant.

Does this lower the amount of money I will get approved for by the underwriter?

No. But why are you asking this question now? I'm of the understanding you already have a mortgage on the property, therefore it's already been underwritten and the deal is said and done. Are you attempting to refinance this property maybe? What's going on that would prompt the question at this time? I ask, because maybe there's something going on I'm not aware of, that could have an impact on the 2022 tax return?

 

Here's some more information concerning depreciation that you may or may not already know.

Many folks are of the impression that depreciation is a permanent deduction. It is not. Others are of the impression they don't have to take depreciation if they don't want to.

In the future when you sell or otherwise dispose of the property, you are required by law to recapture all depreciation taken and pay taxes on it. A few things about that.

1. Recaptured depreciation is added to your AGI in the year of recapture and therefore has the potential to bump you into the next higher tax bracket. It just depends on the numbers.

2. Recaptured depreciation is taxed anywhere from 0% to a maximum of 25%

3. If one thinks they can get out of this by not taking depreciation at all, that's not true. If you don't take depreciation, then when you sell or otherwise dispose of the property, you are required to recapture the depreciation you "should" have taken, and pay taxes on it per item #2 above.

 

Since you won't be dealing with the rental aspects of this until next year when you complete your 2022 tax return, you may find it informative and helpful to peruse the most recent version of IRS Publication 527 titled "Residential Rental Property (Including Rental Vacation Homes)" at https://www.irs.gov/pub/irs-pdf/p527.pdf Of the things it covers that may be of interest to you, are how to treat costs associated with your purchase of the property. That starts on page 7 center column, section titled "Cost Basis".

Note also that when entering the property in the SCH E section of the program, the software will ask you for all those additional costs that get added to your cost basis.

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