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con1732
New Member

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

For example, I have a rental property with two new assets, one for $8000 (siding) and one for $6000 (roof).  If I capitalize the $8000 asset, can the $6000 qualify for the safe harbor even though the total is more than $10,000?  If the term repairs, maintainance and improvements refers only to currently expensed items, I should be able to expense the $6000 item (assuming other requirements are met).  But if the term improvements also includes separetly capitalized improvements, I cannot.  Thanks!

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Hal_Al
Level 15

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

Yes. Since the "total cost of all repairs, maintenance and improvements” ($8000 + 6000 > 10,000), on the same asset (your building) is more than $10,000; you may not use the safe harbor election

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7 Replies
Hal_Al
Level 15

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

Yes. Since the "total cost of all repairs, maintenance and improvements” ($8000 + 6000 > 10,000), on the same asset (your building) is more than $10,000; you may not use the safe harbor election

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

Both of those repairs need to be depreciated and not expensed. 

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

I can not understand the tern Safe harbor.    processing my 2018 (late) I encounter this safe harbor telling me I was okay to take it.  and by error I said okay, or whatever was theway to accept.  I don’t want this safe harbor.   I rent 2 units and live in one.  I am the manager and owner and do a lot of the work when people move out and I have to paint… that part completely, Is on me.  so how is that safe harbor apply to me?  How can I see th reply to his reply/comment?   

Carl
Level 15

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

I have a rental property with two new assets, one for $8000 (siding) and one for $6000 (roof). If I capitalize the $8000 asset, can the $6000 qualify for the safe harbor even though the total is more than $10,000?

Short answer is no. Both are classified as residential rental real estate and depreciated over 27.5 years.

I can not understand the tern Safe harbor.

For rental property, it's just tax terminology referring to depreciated property that qualifies to be expensed under what I guess you would call "an exception" as defined by congress in the statutes.

processing my 2018 (late) I encounter this safe harbor telling me I was okay to take it.

Been years since I dealt with 2018, but that was the first tax year the safe harbor option was available for rentals, I think. However, I am confident the program did not tell you in any way that it was "okay" to take it. At most, it asked if you wanted to take it. The program has no possible way of knowing if the asset you're dealing with, qualifies for safe harbor under the Tax Cuts and Jobs Acts of 2018. The program could only recognize that the cost was below the threshold, and asked if you wanted to take it. It's up to you to determine if you qualify to take it.

Additionally, with 2018 being the year of major tax law changes (and I do mean "major") the IRS publications as well as the statutes were severely lacking in clarity that year on a number of fronts. So the possibility of misunderstanding and misinterpretation was extremely high. Not only for tax filers, but for CPAs, tax preparers and others trying their best to help tax filers.

One thing I find that helps is a clear definition of property improvements, repairs, maintenance, etc. Or at least, as clear a definition in plain English we "simple folks" can actually make sense of.  Maybe the below helps?

RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

Property Improvement.

Property improvements are expenses you incur that Improve, restore, or otherwise “better” the property. Basically, they retain or add value to the property.

Betterments:
Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. An example of a pre-existing condition or defect in this context would be something such as foundation repair (slab jacking) or some other, hidden and costly, anomaly.
Restoration:
Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.
Adaptation:
Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property. Adding a wheelchair ramp would be an example.

 

Expenses for these types of costs 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 need to 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 retain or 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.

There are rules that allow you to just flat-out expense and deduct some property improvements instead of capitalizing and depreciating them, if the total cost of the improvement was less than $2,500. It’s referred to as “safe harbor di-minimis” But depending on the specific situation, this may or may not be beneficial. Just be aware that not every property improvement that cost less than $2,500 qualifies for this. If this interest you, the rules can get complex. So a good place to start reading is on the IRS website at https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations. The stuff on di-minimis starts about one page down. Good luck, and be aware you may go insane trying to understand it. 🙂

Cleaning & Maintenance

Those expenses incurred to maintain the rental property and its assets in the usable 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 for the very first time are not deductible.

Repair

Those expenses incurred to return the property or its assets to the same usable 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 for the very first time 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.

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

I understand the comments and replies are not labeled with a proper name  (?)  The reply I got above, was amazingly clear, regarding   “safe harbor”  .        I am also confused with the QBI and “Safe harbor” ARE THEY RELATED?  or… are they separate deduction tools?  I don’t  quite see any deduction pointing at the   “S H”   but the QBI gives a form 8995 which is very clear and etc.     where the “SH”  gives a page saying you elected taking the “SH”  but no figures are included in it or no form detailing the amounts including in it , for electing it.   Also at one point  (I am doing late filings for specific circumstances)  while working on the 2018, at running my printouts for filing, I see the “SH”  generates som under penalty of perjury,  or the likes, statement to be signed and attached to the filing pages.    I don’t find this helping as I didn’t see a  form for related deductions to “SH".     or is it just allowing you to deduct the asset (an electrical range hood, 40 gal water heater and laminated floor to eliminate carpeting in 2 bdrms)    all these 100% for use in the 66% of the rental portion in a property I rent and live in, not any of that for my living unit.   At all this, I don’t know IF, for a  3 Unit property, rent 2 and live in 1, and full participation in its management and etc, I qualify for QBI.                                               Long reply, but needed to. thank you. 

Carl
Level 15

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?

I am also confused with the QBI and “Safe harbor” ARE THEY RELATED?

Not at all really. QBI=Qualified Business Income deduction. Typically, this was initially intended for small business owners who typically report business income/expenses on SCH C. Though it does apply to corporations in a way I don't understand, also.  Things are a bit screwy (in my opinion) when it comes to applying it to residential rental real estate reported on SCH E.

One of the issues I've seen, is where the term "safe harbor" is used for both the "safe harbor di-minimus" act, and for the separate "Qualified Business Income" deduction. In my opinion, that just adds to the potential for confusion and misunderstanding. On top of that, the requirements to qualify for the Safe Harbor di-minimus so you can deduct the cost of certain assets that would otherwise be depreciated, are different from the requirements for the QBI deduction.

I've seen where most who take the QBI deduction don't (in my opinion) come anywhere close to qualifying. But in the end, it's not my call for others. They make their own call and if questioned about it by the IRS, they are the one's who have to answer. Not me.

I myself have three rental properties. One of the requirements for QBI is that  250 or more hours of rental services are performed for each rental, or if combined into a single enterprise, for each enterprise. Now with all three of my rentals combined, I can't even manage 100 hours in a tax year. Note that "rental services" does not include my book keeping time. Rental services means just that - "RENTAL SERVICES". Yes, I may fix a leaky sink or broken toilet here and there. But again, that doesn't get me anywhere close to the 250 hours requirement. Since I screen prospective renters very tightly, I don't have a high turnover rate either. I may have a property go vacant on average, once every 3 years.

Another requirement for QBI is the maintaining of separate books for each rental property or enterprise. Not gonna do it, since I already know I can't meet the 250 hours requirement.

You can read more about QBI at https://anderscpa.com/rental-real-estate-qualify-for-qbi-deduction/?tag=re&c, but that's not an "official" website that I would go by. However, the general information provided is correct in the context presented, as far as I can tell.

Now for the Safe Harbor di-minimis where you can expense some assets that would otherwise be depreciated, if certain conditions are met, many folks use the SH without being fully cognizant of the rules and requirements. Therefore, a fair number of those who use SH, actually don't qualify.

For example, in the past one needed to have an "applicable financial statement" as one of the requirements for SH. But as of 2018 tax payers could claim up to $2500 per invoice or item for taxpayers without applicable financial statements.  More than that, you'll need to provide an applicable financial statement (AFS) if questioned/audited on the claim.

I personally don't know a single rental property owner that maintains any type of "financial statement" as it relates to their rentals, must less an "applicable" financial statement. Now that doesn't mean their aren't any that don't. I'm just saying I don't know any.

Now I got my information for the SH from the IRS website at https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations#Ad...

Under the Safe Harbor Election for Small Taxpayers, does the term "the cost of all repairs, maintenance and improvements” include separately capitalized improvements?


@Carl wrote:

But as of 2018 tax payers could claim up to $2500 per invoice or item for taxpayers without applicable financial statements.  More than that, you'll need to provide an applicable financial statement (AFS) if questioned/audited on the claim.


The $2,500 per invoice was increased (from $500) for tax years beginning on or after January 1, 2016 and no AFS is necessary.

 

See https://www.irs.gov/pub/irs-drop/n-15-82.pdf

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