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kimbuike
New Member

Can I claim a loss on sale of rental property that never rented? Converted a 2nd home to rental property sold it 9 months later without renting. What can I claim?

I owned a second home (condo) for over 10 years that my mother lived in.  She died at the end of 2015 and I decided to convert the condo in Jan 2016 to rental property and began fixing it up.  I live 2000 miles away and so the fixing up projects took place over several months.  By the time I had it ready to rent, my wife's serious medical illness (cancer) required me to stop working and I decided to sell the condo instead.  The condo sold in October 2016 and my net proceeds were a few thousand less than the FMV of the property as of Jan 2016.  Can I claim as rental property expenses the HOA dues, utility and repair costs, travel costs, etc since January and/or can I claim the loss on sale of the condo even though it was never rented?

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3 Replies
Carl
Level 15

Can I claim a loss on sale of rental property that never rented? Converted a 2nd home to rental property sold it 9 months later without renting. What can I claim?

You never rented it, so as far as the IRS is concerned, it never became rental property. Besides, you have no rental income from which to deduct rental expenses. Remember, passive expenses can only be deducted from passive income. You have no passive rental income.

So you'll just report it as the sale of a 2nd home. You can't claim any of the expenses such as HOA fees and the such unfortunately. You'll report the sale of this property in TurboTax under the Personal Income tab in the Investment Income section. Select "Stocks, Mutual Funds, Bonds, Other" and go from there. Unfortunately, while you may still need to report the sale, the loss won't be allowed if sold at a loss.

Note that depending on the work you did to fix it up, some of that expense may qualify as a property improvement, which adds to your cost basis. Here's the IRS definition of a property improvement, converted to plain English.

Property Improvement

Property improvements are expenses you incur that add value to the property. 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.

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.


Can I claim a loss on sale of rental property that never rented? Converted a 2nd home to rental property sold it 9 months later without renting. What can I claim?

I rented a condo all 2017 to 2018 and started to get it ready for sale in 2019. It was empty for first 6 months in 2019 while trying to sell, which resulted in a loss of income.

 

How can I report the loss of income against the sale of the property to lower capital gains taxes on the proceeds of the sale, less sales expense <> $100k? 

Can I claim a loss on sale of rental property that never rented? Converted a 2nd home to rental property sold it 9 months later without renting. What can I claim?

As Carl already replied, you cannot claim the loss of rental income when the property was not rented. 

Some expenses that you can deduct:

 
Advertising expenses and legal fees to prepare any contracts or documents necessary for the transfer of ownership may be deductible.  

If the financing for the sale involves a mortgage and the owner contributes to loan fees or points, those expenses may be deductible. Transfer or real estate excise taxes levied on the sale of the property by local jurisdictions also may be deductible expenses.

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