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margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

 
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19 Replies
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

It depends.

No - If you considered this your second home, then this will be considered a personal use property and you will not be able to claim a capital loss on a personal use property.

Yes - If this property was bought to be used as a rental but was never rented, then you would be able to claim this as the sale of business property and claim the capital loss.

Click this link for further information about reporting the sale of a capital asset

To enter this as the sale of a business property in TurboTax Online or Desktop, please follow these steps:

  1. Once you are in your tax return, click on the “Business" tab ("Federal Taxes" tab in Premier)
  2. Next click on “Business Income and Expense" ("Wages and Income" tab in Premier)
  3. Next click on “I’ll choose what I work on” (Jump to full list)
  4. Scroll down the screen until to come to the section “Less Common Business Situations” ("Business Items" in Premier)
  5. Choose “Sale of Business Property” and select “start’
  6. Select "Sale of business or rental property that you haven't already reported"
  7. Sale of Business or Rental Property - yes
  8. Enter all the information about your Rental Property Sale here
    1. Description - address of property
    2. Date acquired - original acquisition date
    3. Date sold - date of sale (should be on 1099-S)
    4. Total sales price - total sales price (should be listed on 1099-S)
    5. Cost of property (or tax basis) plus expenses of sales - original cost plus any capital improvements plus expenses of sales
    6. Depreciation taken on this property - total depreciation taken property when rental (Please note the IRS will assume that you have taken the correct depreciation on your rental property while your property was available for rent regardless of whether you have actually take it or not)
  9. What type of property is this? - select - Rental estate that I took depreciation on.
  10. Installment sales - no if not on installment sale
  11. 2 screens that show the summary of what you have entered for your property sale
  12. Sale of Other Business Property - Choose yes if any of these situation apply, otherwise choose no.
    1. You sold property that cannot be depreciated such as vacant land, mineral rights or inventory
    2. You sold business or rental property that you owed for one year or less
    3. You sold business or rental property at a loss.
  13. Total Gross Proceeds - enter your 1099-S sales information here (this could be the same amount that was reported earlier as sales price)

To report as investment property -  

To enter this as a capital asset sale in TurboTax, log into your tax return  (for TurboTax Online sign-in, click Here) and type "investment income (gains and losses)" in the search bar then select "jump to investment income (gains and losses)". TurboTax will guide you in entering this information (see step 6 below) 

Alternatively, To enter this transaction in TurboTax Online or Desktop, please follow these steps:

  1. Once you are in your tax return, click on the “Federal Taxes” tab ("Personal" tab in TurboTax Home & Business)
  2. Next click on “Wages & Income” ("Personal Income" in TurboTax Home & Business)
  3. Next click on “I’ll choose what I work on” (Jump to full list)
  4. Scroll down the screen until to come to the section “Investment Income”
  5. Choose “Stocks, Mutual Funds, Bonds, Other” and select “start’ (or “update” is you have already worked on this section)
  6. The first screen will ask if you sold any investments during the current tax year (This includes any asset held as an investment property so answer “yes” to this question)
  7. Since you did not receive a 1099-B, answer “no” to the 1099-B question
  8. Choose type of investment you sold - select everything else
  9. Some basic information:
    1. Description –  Usually the address of the property sold
    2. Sales Proceeds – Your net proceeds from the sale (usually reported on 1099-S)
    3. Date Sold – Date you sold the property (on 1099-S)
  10. Tell us how you acquired the property - purchased
  11. Enter the your cost basis- cost plus capital improvements less any depreciation deducted or allowable as a deduction less any casualty losses take on the property.
  12. Date acquired  (Just remember that the date acquired should be more than a year before the date sold in order for the sale to get long term capital gains treatment and the lower capital gains rate)
  13. If you had a loss, on the question of "Did you use this property for business or investment?" If the property was not used for any personal use, you will answer that this was for investment. Otherwise, you will not be able to deduct the capital loss of a personal use capital asset.

Click these links for further information about reporting the sale of a capital asset or Capital Gains and Losses


margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

We did receive 1099-S at closing, does that change anything?  We tried renting it (many times in 2016)  but was never successful bc restrictions were horrible.
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

Not really. Getting a 1099-S just means that you need to report the sale on your tax return. If you bought it as a investment property (and intended to rent it) then just report it as the sale of an business property. I have updated my answer to include information on entering the sale of a business asset.
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

Thanks a ton!!!    We were also charged (&pd) a 'Special Assessment' by the Condo Assoc., is this to be included in cost basis?
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

It depends but if it was part of your closing costs, then you can add it to the basis (along with all your closing costs).
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

We pd it before closing otherwise new buyer would have questioned if we were going to pay it. (& we only had 30 days to pay from the assessment date)....  Every in condo building had to pay it, it was for improvements that the board approved.
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

I'm at a loss for knowing what to enter as Depreciation. We only tried renting it in 2016 (2015 we were doing lots of improvements/cleanup).   Will the software charge depreciation and take it back (being a wash) in 2016 by chance??  Please help!
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

You will need figure out the depreciation for the time that it was available for rent in 2016 (using 27.5 s/l mid month convention). The IRS will assume that you took the depreciation. Then you will need to report the total amount of depreciation taken in 2016 when you report the sale (and this depreciation will be subject to a depreciation recapture).
If the property was never available for rent, then you will not have to figure any depreciation.
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

The property was available for rent for many, many months and we had lots of interested parties BUT the restrictions from the condo assoc were crazy so we were never able to rent it.    I couldn't get the software to cooperate so I figured it doesn't let you have expenses/depreciation if you don't have rental income.   This whole thing was just too time consuming and I kept hitting roadblocks.... went from investment (loss which it wouldn't do), to rental property, back n forth and finally filed it as a 2nd home and had no gain/loss on it because it won't let you have a loss as a sale.......
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

Just don't worry about the depreciation since you had no rental income.
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

Yeah I gave up on it being a 'rental' and just have it in as sale of 2nd home.   I was hoping to recoop some of the loss on the sale but it just wasn't working.....  Just wasn't working and have spent too much time on this.....
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

You should report it as the sale of an investment property because you will not be able to claim a capital loss on the sale of a second home.
DS30
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

I added a section to my answer to report as the sale of an investment - this way should be pretty straight forward.
and you will just need to make sure that your use was as an investment. Good luck.
margbabe2
New Member

Sold second home at a loss (never rented), owed for over a year. Can I deduct loss under 'investment cap gains/losses'??

Can I add to 'cost basis' purchasing expenses (closing costs) and can I include RE Commissions on either cost basis or sales proceeds??

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