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Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?

I went through the "New rental property" workflow - entered the purchase price (say 1mil), with fair market value 1mil, recording fees, legal fees, title totaling about 5k. Yet these do not seem to affect the cost basis (still 1mil). I also don't see where I can enter in the cost for the mortgage that I purchased the property with.

 

Did the tax law calculation change in 2021? Or should I manually add all these costs as the purchasing price?

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6 Replies

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?

The mortgage you took out is immaterial to the cost basis calculation ... purchase price + cost to buy + improvements made until you rented the property == total cost basis for depreciation.

 

Now when you rent part of your personal residence the expenses are limited to your income ... review the Sch E and the form 4562 to see this in action.  

TomD8
Level 15

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?

Some acquisition costs can be added to cost basis, and some cannot.  See this web reference for details:

https://www.nolo.com/legal-encyclopedia/home-purchase-costs-you-cant-deduct-add-tax-basis.html

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
Carl
Level 15

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?

For partial rental of one's primary residence, no. When you purchased the property as your primary residence, your closing costs were fully deductible in the year of purchase.

Also, escrow has nothing to do with this. Money placed in escrow is your money, and it remains your money until such time that an amount is distributed to pay an obligated debt, such as property taxes and insurance.

Only at the time the debt is paid, is anything potentially deductible. Note that for one's primary residence, insurance is not a deductible expense. However, when renting a percentage of your primary residence, an equal percentage of the insurance is deductible as a rental expense on SCH E.

To help clarify a bit more.

- Costs associated with acquisition of the loan were fully deductible in the year you purchased the property. An example includes loan application fees, points, etc. There is an option to amortize and deduct those costs over the life of the loan. While amortization is required for business property, it's optional for personal property.

- Costs associated with acquisition of the property are added to the cost basis of the property. Examples include title transfer fees paid at the courthouse to remove the seller's name from the deed and replace it with the buyer's name. These are sometimes referred to as transfer fees, document stamps, or transfer taxes. For personal property this is not figured into any cost basis "for you" by the program, since what you paid for personal property is irrelevant for tax purposes.

For rental property it will be figured. But when it comes to renting out a part of one's primary residence, the program to date has never handled it correctly; mainly because of a lack of clarity on what "you" need to pro-rate and what the program will prorate for you.

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?


@Carl wrote:

Also, escrow has nothing to do with this. Money placed in escrow is your money, and it remains your money until such time that an amount is distributed to pay an obligated debt, such as property taxes and insurance...


You are thinking of the escrow account a lender might establish for a borrower to pay real estate taxes (and possibly casualty insurance). 

 

Escrow fees imposed by an escrow company (to hold the buyer's earnest money, other funds, et al) are part of the closing costs and added to the basis.

Carl
Level 15

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?

@tagteam I've heard it referred to as earnest fees or holding costs/fees. Perhaps when referencing escrow it would help if we clarify. I know whenever I have been in conversations where the term "escrow" is used, they're always referring to the account used to pay taxes, insurance and other stuff. I myself have never heard the term escrow used for anything else, when it comes to real estate. (Maybe I have, and just didn't realize it?)

 

Shouldn't it be true that the cost basis of the property (partial rental of my primary residence) includes the cost of acquisition (title, escrow, mortgage)?


@Carl wrote:

I myself have never heard the term escrow used for anything else, when it comes to real estate. 


There are states commonly called "escrow states" where escrow closings are conducted (mostly western states, such as California and, regardless, Florida is not one of them). In any event, escrow companies charge fees for their services.

 

"Escrow" can be used for many different types of transactions and purposes. It basically only means that a third party (an escrowee) is holding funds or property that is not to be released until certain conditions are met and/or at a specified time.

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