I converted a residential property into a rental property which I have rented out for 3 years and reporting gain/ loss on Schedule E. When I rented out, I mainly collected rent and perhaps did some repairs for tenant but nothing major. I have claimed depreciation.
Now when I sold it at LOSS (already considered lesser or FMV or adjusted cost basis), am I qualify for section 1231 to report the LOSS as ordinary? Is my rental a trade or business to qualify for section 1231?
Sales, trades, exchanges 1 | Internal Revenue Service
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did you consider a trade or business for purposes of the Qualified Business Income deduction?
there was a safe harbor election that if you meet its terms rental real estate would be considered a trade or business for the QBI deduction and for other purposes.
however, not meeting those terms doesn't necessarily mean the rental activity isn't a trade or business only that the burden of proof would be on the taxpayer to convince the IRS it was a trade or business.
if the safe harbor election doesn't apply, TurboTax should ask additional questions to see if the activity qualifies for QBI. if yes you have an argument that this was a trade or business but it is easier for the IRS to dispute it You may want to consult with a tax pro.
also it is unclear whether you used the the lower of FMV or your tax basis for cost when you sold. While the lower of Cost or FMV is used for depreciation purposes, when you sell it's your actual cost. I don't know if Turbotax can handle the difference if this is your situation.
Trade or Business is not defined in the code, regulations or other official documents issued by the IRS. Rather there have been numerous court cases. Some the taxpayer wins some they don't
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