My husband and I built our home in 2008 and converted it to a rental in 2016. We sold it earlier this year. When we built it, we never in a million years dreamed that we would turn it into a rental and thus we didn't keep all our receipts. We have some, but quite a few are missing, including all the labour costs involved in the construction itself. So, we are missing some rather large amounts.
We are therefore not sure how to calculate cost basis. Does the IRS allow FMV to be used, and if so is it FMV at time of the build or time of conversion to a rental? My research leads me to believe that FMV is not allowable but I'm hoping I'm wrong because I'm not sure where to go with this otherwise. Thanks for any help!
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The basis of the residential rental property is either the FMV or the original purchase price plus the cost of improvements, whichever is less, at the time of conversion from a personal property to a rental property.
For your basis, you would use the lesser of your basis (original cost plus the cost of improvements) or the fair market value on the date of conversion to rental use.
Presumably, the cost of construction plus improvements would be lower than the fair market value in 2016. However, you do need some sort of documentation in the event there is a question revolving around your cost basis. Is the contractor still in business? If so, you should be able to get invoices, contracts, et al. from the contractor(s).
One other issue is whether you have been taking depreciation deductions each tax year since you placed the property in service as a rental in 2016. If you have not, you will need guidance from a local tax professional.
Thank you very much for this information. Actually, we believe the original construction cost + improvements is more than the FMV at time of conversion in 2016 (it's in a rural area where the housing market hasn't done well until recently). Of course, we naively didn't think to get a market value at the time of conversion. We do have the local authority tax value and we also have an appraisal that was done immediately after the house was built, although I imagine neither of those are acceptable to the IRS. The contractor who built the house is no longer in business and we have been taking depreciation on the property since 2016. Any other words of wisdom you can provide would be much appreciated!
@Jewelwing wrote:
.......we have been taking depreciation on the property since 2016....
What did you use for your depreciable basis (considering you do not know your original construction costs plus improvements nor the fair market value on the date of conversion)?
Taking depreciation deductions each tax year since 2016 is a good thing (very good) but, hopefully, the depreciable basis that was used is realistic in some sense.
As a side note, it is most likely less than relevant at this point since the total (accumulated) depreciation deductions will be recaptured with the sale of the property.
I would say if you had an appraisal done at the time the property was built and assuming it represented cost not the replacement value for insurance purposes that's a starting point but then there is the cost of any improvements made since. I can't say about valuations used in tax bills. Most of the time they're supposed to be based on fair value which would be higher than your cost. another issue is of the total cost you used for depreciation did you pull out the value of the land since this is not depreciable. where did you get the basis you used for depreciation. you do have the option of getting an appraisal, not bulletproof from IRS attack, of what the construction cost would have been and even the costs of improvements.
Actually, we believe the original construction cost + improvements is more than the FMV at time of conversion in 2016 (it's in a rural area where the housing market hasn't done well until recently)
While not impossible, I highly doubt it's FMV was less in 2016, than what it cost you to build it in 2008. As I recall, the housing market tanked towards the end of 2008. While your chances of an audit may be extremely low, If I were an IRS agent auditing you, I'd want proof.
I assume you did depreciate the property from the time you placed it in service in 2016, up to the closing date of the sale, assuming it was a rental all that time. If so, then you had to use a cost basis for depreciation, which I'm confident would have been what you paid for the house originally, plus the cost of any property improvements you did to the house before and after converting it to a rental. Most likely, you'll be fine if you use that cost basis, which is pretty much automatic if you report the sale in the rental property section of the program.
Reporting the Sale of Rental Property
If you qualify for the "lived in 2 of last 5 years" capital gains exclusion, then when prompted you WILL indicate that this sale DOES INCLUDE the sale of your main home. For AD MIL personnel who don't qualify because of PCS orders, select this option anyway, because you "MIGHT" qualify for at last a partial exclusion.
Start working through Rental & Royalty Income (SCH E) "AS IF" you did not sell the property. One of the screens near the start will have a selection on it for "I sold or otherwise disposed of this property in 2021". Select it. After you select the "I sold or otherwise disposed of this property in 2021" you continue working it through "as if" you still own it. When you come to the summary screen you will enter all of your rental income and expenses, even if it's zero. Then you MUST work through the "Sale of Property/Depreciation" section. You must work through each individual asset one at a time to report its disposition (in your case, all your rental assets were sold).
Understand that if more than the property itself is listed in your assets list, then you need to allocate your sales price across all of your assets. You will only allocate the structure sales price; you will NOT allocate the land sales price, since the land is not a depreciable asset. Then if you sold this rental at a gain, you must show a gain on all assets, even if that gain is $1 on some assets. Likewise, if you sold at a loss then you must show a loss on all assets, even if that loss is $1 on some assets.
Basically, when working through an asset you select the option for "I stopped using this asset in 2021" and go from there. Note that you MUST do this for EACH AND EVERY asset listed.
When you finish working through everything listed in the assets section, if you ever at any time you owned this rental you claimed vehicle expenses, then you must also work through the vehicle section and show the disposition of the vehicle. Most likely, your vehicle disposition will be "removed for personal use", as I seriously doubt you sold your vehicle as a part of this rental sale.
@Carl wrote:.....you had to use a cost basis for depreciation, which I'm confident would have been what you paid for the house originally, plus the cost of any property improvements you did to the house before and after converting it to a rental.
@Jewelwing did, in fact, use a basis for depreciation and whether that was the cost basis plus improvements, the fair market value on the date of conversion, or some other figure is now a moot point since the property has already been sold.
The accumulated depreciation deductions taken on whatever figure was used as the depreciable basis will be the unrecaptured Section 1250 gain.
You can have no idea how much I appreciate everyone's input. I wouldn't blame you at all for rolling your eyes at what I'm about to say, but I've done a bit of digging and found out some things that will make the whole issue rather muddy I'm sorry to say.
First of all, I used the taxable value in the year of conversion to rental (2016) as the cost basis in TurboTax. Why? I cannot recall. Let me put some numbers to this to make it real. The taxable value was $110,806 of which land value was $19,800. Where I got the land value from I also cannot recall, although I feel it must have been on a county tax document (that I no longer have, naturally). Because I made an error in TT by misreading the instructions regarding personal use days, I didn't enter zero in that field as it should have been. Therefore, depreciation was zero in 2016 when it should have been $1,793 (1.97%). In each of the subsequent years, 2017-2022, depreciation was $3,337.
I don't know if I'm now forced to use the taxable value as the cost basis since it was the cost basis I originally used, but I know for sure we invested $200,000 at least in the construction (keeping in mind this was a round house that we thought we'd live in forever and so we didn't worry about whether we were spending more than FMV). I've gone through every file I can find and uncovered approximately $120,700 in original receipts for construction and improvements prior to rental.
In addition the appraisal that was done in 2009, shortly after completion of construction, shows a FMV of $170,000 and a cost-approach value of approx $250,000.
Would anyone like to comment further on this mess? Please be gentle if you can 🙂
@Jewelwing wrote:
First of all, I used the taxable value in the year of conversion to rental (2016) as the cost basis in TurboTax. Why? I cannot recall. Let me put some numbers to this to make it real. The taxable value was $110,806 of which land value was $19,800.
Because I made an error in TT by misreading the instructions regarding personal use days, I didn't enter zero in that field as it should have been. Therefore, depreciation was zero in 2016 when it should have been $1,793 (1.97%). In each of the subsequent years, 2017-2022, depreciation was $3,337.
I know for sure we invested $200,000 at least in the construction
Do you have the amount you paid for the land? That should be fairly easy to come up with.
Come up with a GOOD ESTIMATE of your actual cost for the building. I realize you don't have receipts, but you probably can come up with with a good estimate.
What was the Fair Market Value of the property when it was converted to a rental? Was it more, or was it less than the amount of your actual "cost"? I realize you have mentioned some various numbers, but until you tell use a somewhat 'solid' number, we can't just guess at things. You could even hire an appraiser for a retroactive appraisal.
What was the selling price (after any selling expenses)?
What date was it "placed in service" as a rental? What date was it sold?
Until you can come up with ALL of those numbers, it is impossible to give you a 'good' answer.
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