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I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

So the personal use number would be 6 days and the must rent more than number would be 6 days?  To qualify as a rental property where I can deduct more expenses than my rental income.  Or does the 14/15 day rule apply regardless of how many days in the year your actually own the property?
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11 Replies
Carl
Level 15

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

I get the impression that you are a first time landlord with this property, or else it's the first time you have dealt with doing the taxes for this on your own. Either way, you need some clarification is all.

If you never ever ever lived in the property for one single day *AS YOUR PRIMARY RESIDENCE* or 2nd home, then it was never personal use and your days of personal is is ZERO. The property is 100% business use from the second you signed the closing document. Doesn't matter if you purchased the property on Jan 1st and didn't place it "in service" until say, Feb 1st. Your acquisition date is Jan 1 and your "in service" date in Feb 1. But personal use days is still zero and the business use percentage is still 100%.  Basically, you have absolutely nothing to split between personal use and business use, or anything else for that matter. The below information should provide you the clarity that the program does not provide. Then, if you still have questions by all means, please ask. It's not like we learn this stuff through osmosis.

Rental Property Dates & Numbers That Matter.

Date of Conversion - If this was your primary residence before, then this date is the day AFTER  you moved out.
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 "could" have moved in. That should be your "in service" date if you were asked for that. Vacant periods between renters count also PROVIDED you did not live in the house for one single day during said period of vacancy.
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 or 2nd home, 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 POPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

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.

Cleaning & Maintenance

Those expenses incurred to maintain the rental property and it's assets in the useable 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 are not deductible.

Repair

Those expenses incurred to return the property or it's assets to the same useable 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 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 just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Those 14/15 day rules apply because that code section is based on your taxable year.......so that's the entire calendar year for you.......you don't prorate those days 5/12 so it ends up being 6/6.

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Ok, but by year do you mean  a full calendar year from the original date of purchase?  Like, if I buy this in August 2019, then as long as I satisfy the 14/15 day rule during the time frame of August 2019 thru August 2020 then I'm good?  Or do I have to cram in 15 days of rentals between September 1st, 2019 and December 31st, 2019?  I'm confused regarding how the time frame applies to my tax "year" or just a Calendar 12 months that always starts in August, and overlaps tax year (2019 and 2020).

 

I hope that makes sense.

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Thanks for the thorough answer.  I am getting a book on tax rules for short term rentals (entitled Every Airbn hosts Tax Guide) to help learn some of the code rules.  So yes, this is my first sort term rental property.

 

My confusion is around the 15 day rule part that seems to state that I need to rent the property for a minimum of 15 days in the year.  So, I guess I am trying to understand what is meant by "Year".  A consecutive period of 12 months (in this case, from August 2019 thru August 2020) or the remainder of the tax year (sept 1st, 2019 thru Dec 31st, 2019).  Since this is a beach property in Duck, NC, getting 15 days of rentals during that time frame is difficult, but getting 15 days from August to August is a piece of cake.

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Can anyone clarify my understanding of "a year"? Is it tax year (Jan -Dec for me) or a continuous 12 month period of time of ownership (August - July for the condo ownership) ?

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Can anyone clarify my understanding of "a year"? Is it tax year (Jan -Dec for me) or a continuous 12 month period of time of ownership (August - July for the condo ownership) ?

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

First it is the tax return calendar year and that 15 day rule you are fretting over is part of the vacation home rules that only comes into play if you or your family/ friends use it for free anytime during the year. There is no minimum or maximum rental days required ever.

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Ok, and yes, I am fretting a bit, I know 🙂  

 

So...I am also concerned with the way the calculation seems to be done to split the costs of the rental between business and personal, as it seems to say that the non-rented days, even though the unit is up for rent (just, nobody rented it) are not part of the calculation.  So, if I use the place for 5 days personal, and rent it between now and the end of the year for 10 days, then it seems like I can only deduct 2/3rds of my expenses.  BUT...If I never use a personal day, and I rent it for 1 day, then I can deduct 100% of the costs???

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Instead use it for 14 days personal and then it's a dwelling unit and then you can rent it for 14 days without having to declare income or expenses.

Carl
Level 15

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Please bear with me, But can you please explain why it seems (to me) that you are hell bent on splitting costs between personal use days and business use days when you have not provided anything at all to indicate you used the property for personal use for one single second since you purchased it?

From what I see in this thread the property was purchased as an investment property with the primary intent being to rent it out, and that you have successfully done exactly that. So where *exactly* does personal use come into this? What personal use?

I just bought a rental condo in August. Do I pro rate the 14 day personal use and the 15 day rental rules based on the portion of the year that I own it? so 5/12ths ?

Yeah, sorry, I am new to this portion of the Fed law, and I am always very cautious when it comes to meeting the Tax law requirements.  Since I am under contract for this property, I have a short period of time to make my final commitment to the property otherwise, I can cancel the contract with no penalty, but time is short.

Plus, I have always been more on the side of " suspicious" of the IRS when it comes to interpreting their laws.  So I see details like 14 days of this or 15 days of that, and I assume these are tools they want to use to back me into a corner and "get me".  Sounds a little paranoid, I know, but I just want to make an honest living and achieve my goals, while at the same time, not over paying my share of the federal costs, if that makes sense.

 

Thanks for your feedback and patience.

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