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rida
Level 2

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

We finished building in law unit on our primary resident in 2018 and started renting it out in 2018. We never claimed depreciation on this construction in 2018 taxes. Can we start taking depreciation on construction cost (200K+) of the in law unit in 2019 and so on? 

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8 Replies

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

If  you started renting it in 2018 then you must amend the 2018 return to add the depreciation to the Sch E.  Then the depreciation will continue onto the 2019 return. 

rida
Level 2

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

OP again: County sent us supplemental tax after the addition to our house. Should we use that increased value calculated by the county as the cost basis or estimate of how much we have spent on making addition? Turbo tax has a date field when we started using the addition as  rental unit. I put 2018 date in there but turbotax didn't give me any error.

Carl
Level 15

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

When construction on the house was started or completed doesn't matter. Depreciation does not start until the very first day a renter "COULD" have moved in. This is called your "in service" date and is generally the day you put the FOR RENT sign in the front yard. So there will not be anything reported on this property on a SCH E on your 2018 tax return.

County sent us supplemental tax after the addition to our house. Should we use that increased value calculated by the county as the cost basis or estimate of how much we have spent on making addition?

If you paid that supplemental tax bill in 2018, then you "should" have entered it as taxed paid in 2018 on your 2018 return. There would be no changes to the cost basis. Remember, property taxes are deductible. If you use it to increase the cost-basis then it never ever ever gets deducted. It just gets depreciated and you have to recapture and pay tax on that depreciation when you sell the property.

Turbo tax has a date field when we started using the addition as rental unit. I put 2018 date in there but turbotax didn't give me any error.

That's a problem and is incorrect since the property as "in fact" not classified as a rental on your 2018 tax return. By doing that, the program is showing you a positive amount for prior year's deprecation already taken which you "DID NOT TAKE" on your 2018 tax return because you were not entitled to take depreciation on your 2018 return. Therefore your in service date "MUST" be the day in 2019 when a renter "could" have moved in.

The below information is provided to give you the clarity you apparently are in need of. It provides you the clarify that in my personal opinion, the program seriously lacks.

Rental Property Dates & Numbers That Matter.

Date of Conversion - If this was your primary residence before, then this date is the day AFTER you moved out.
In Service Date - This is the date a renter "could" have moved in. Usually, this date is the day you put the FOR RENT sign in the front yard.
Number of days Rented - the day count for this starts from the first day a renter "could" have moved in. That should be your "in service" date if you were asked for that. Vacant periods between renters count also PROVIDED you did not live in the house for one single day during said period of vacancy.
Days of Personal Use - This number will be a big fat ZERO. Read the screen. It's asking for the number of days you lived in the property AFTER you converted it to a rental. I seriously doubt (though it is possible) that you lived in the house (or space, if renting a part of your home) as your primary residence or 2nd home, after you converted it to a rental.
Business Use Percentage. 100%. I'll put that in words so there's no doubt I didn't make a typo here. One Hundred Percent. After you converted this property or space to rental use, it was one hundred percent business use. What you used it for prior to the date of conversion doesn't count.

RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

Property Improvement.

Property improvements are expenses you incur that add value to the property. Expenses for this are entered in the Assets/Depreciation section and depreciated over time. 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.

Cleaning & Maintenance

Those expenses incurred to maintain the rental property and it's assets in the useable condition the property and/or asset was designed and intended for. Routine cleaning and maintenance expenses are only deductible if they are incurred while the property is classified as a rental. Cleaning and maintenance expenses incurred in the process of preparing the property for rent are not deductible.

Repair

Those expenses incurred to return the property or it's assets to the same useable condition they were in, prior to the event that caused the property or asset to be unusable. Repair expenses incurred are only deductible if incurred while the property is classified as a rental. Repair costs incurred in the process of preparing the property for rent are not deductible.

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.

 

rida
Level 2

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

Can I just add depreciation expense in this turbo tax field rather than amend 2018 tax?

Screen Shot 2020-01-29 at 7.56.00 PM.png

rida
Level 2

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

@Carl Thanks for the detailed answer. Actually property was rented in the middle of the year in 2018. We reported rental income and calculated all the costs, including tax based on how many days in 2018 was rented and how much percent area was rented out of the whole house.

 

But we failed to put anything depreciation field. Now, I am wondering can we start taking depreciation in 2019 and mark 2018 depreciation (that we could take) as a loss. Or in order to take 2019 and future depreciations, we have to amend 2018?

 

Also, can I just populate the above field that asks for any depreciation that we did not take in previous years?

 

Thanks again for taking time to help

Carl
Level 15

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

Actually property was rented in the middle of the year in 2018.

Then lite Critter says, you have to amend your 2018 tax return. You have to do this before you can even start your 2019 return, so that the 2019 program can import the "correct" figures from your amended 2018 return.

Now before you get started, did you use the online version of 2018 for that tax year? Or the CD/Desktop version that you installed on your computer? It also matters if you are or will be using the online or desktop version for your 2019 taxes.

All this matters so that I can help you ensure beyond a doubt, that you import from the "correct" 2018 file when you start your 2019 return.

I really hope you used the desktop version for 2018, as it will make this much simpler.

 

 

rida
Level 2

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

If I fill 2019 depreciation like this, then can I avoid amending 2018?

 

Screen Shot 2020-01-29 at 8.44.44 PM.pngScreen Shot 2020-01-29 at 8.45.31 PM.png

Taking first time depreciation on an in law unit construction in 2019 that was built in 2018.

Ok ... the first screen you posted is NOT to be used ... it is not for your situation 

 

1....jpg

 

 

And if you overwrite the prior year depreciation  instead of correcting it properly then you only hurt yourself in the long run ... amend the 2018 return to correct this error as it is in your favor.  Do NOT overwrite the pre filled in amount on this screen ...  

 

2....jpg

 

 

If you do not seek professional guidance in this matter then you will need to educate yourself on being a landlord for income tax purposes : 

 

https://www.irs.gov/pub/irs-pdf/p527.pdf

 

https://www.irs.gov/pub/irs-pdf/p946.pdf

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