turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Ask the Experts All About the Refund! >> Event happening NOW!!!!
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

radleresq
New Member

What is the best way to handle expenses of vacant rental property for sale?

I'm thinking of capitalizing costs under 266 this tax year (2018) for a rental property that will be vacant when I list it.  I will be painting, refinishing floors, refinishing sinks and replacing countertops.  I understand these are not deductible if I don't have the unit out for rent. Nor is the mortgage interest, utilities, taxes.  I also understand that the painting etc are not costs associated with the sale.  So if I capitalize costs and expenses for the whole year- can I capitalize the  painting etc?  

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

30 Replies
Carl
Level 15

What is the best way to handle expenses of vacant rental property for sale?

The fact the rental has been vacant prior to the sale is irrelevant. If after the last renter moved out you did not live in the property for one single day as your primary residence, 2nd home or vacation home, the property remains classified as residential rental real estate, provided the vacancy was less than a year. If more than a year, then I would expect the property to have been converted to personal use so as to stop depreciation. That would change everything I'm about to tell you.

Expenses incurred after the last renter moved out are not deductible as rental expenses. But they may be deductible as sales expenses.

Property improvements are still entered as property improvements. But if the property improvements are done after the last renter moved out, the business use percentage of that listed property improvement in the Assets/Deprecation section will be zero percent business use.

The information below is provided moreso for others reading this thread. But I'm sure you'll find it helpful and informative too.

      • RENTAL POPERTY 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.

            • Reporting the Sale of Rental Property

If you qualify for the "lived in 2 of last 5 years" capital gains exclusion, then when prompted you WILL indicate that this sale DOES INCLUDE the sale of your main home. For AD MIL personnel who don't qualify because of PCS orders, select this option anyway, because you "MIGHT" qualify for at last a partial exclusion.

Start working through Rental & Royalty Income (SCH E) "AS IF" you did not sell the property. One of the screens near the start will ahve a selection on it for "I sold or otherwise disposed of this property in  2017". Select it. After you select the "I sold or otherwise disposed of this property in 2017" you continue working it through "as if" you still own it. When you come to the summary screen you will enter all of your rental income and expenses, even it it's zero. Then you MUST work through the "Sale of Assets/Depreciation" section. You must work through each individual asset one at a time to report its disposition (in your case, all your rental assets were sold).

Understand that if more than the property itself is listed in your assets list, then you need to allocate your sales price across all of your assets.  You will only allocate the structure sales price; you will NOT allocate the land sales price, since the land is not a depreciable asset.  Then if you sold this rental at a gain, you must show a gain on all assets, even if that gain is $1. Likewise if you sold at a loss then you must show a loss on all assets, even if that loss is $1

Basically when working through an asset you select the option for "I stopped using this asset in 2017" and go from there. Note that you MUST do this for EACH AND EVERY asset listed.

When you finish working through everything listed in the assets section, if you ever at any time you owned this rental you claimed vehicle expenses, then you must also work through the vehicle section and show the disposition of the vehicle. Most likely, your vehicle disposition will be "removed for personal use", as I seriously doubt you sold your vehicle as a part of this rental sale.


 


What is the best way to handle expenses of vacant rental property for sale?

Vacancy may be quite relevant. As with much of our convoluted tax code "it depends". As you mention, if the property is vacant and not held out for rent at the same time it is listed for sale you cannot deduct expenses as rental expenses since the asset is considered Not In Service by the IRS. I have no idea who would ever think that you could credibly try to rent and sell a property up to the closing date, but such are the crazed rules. Check regarding the 266 election.  I believe in your case it would only apply to the portion of time the property was unproductive (Out of Service). If that is the whole year for you then yes, I believe your expenses including painting would be capitalized. It makes no difference whether you are painting with the sale in mind. The key is whether the asset is in service. This applies both to the make ready time initially as well as the post in service time. Also bear in mind cost you capitalize ultimately go against capital gains therefore they may be much less valuable than writing off against income. I would suggest minimizing the out of service interval and performing all repairs possible prior to it. 

 

Vacant while listed for sale.

 

If you sell property you held for rental purposes, you can deduct the ordinary and necessary expenses for managing, conserving, or maintaining the property until it is sold. If the property isn’t held out and available for rent while listed for sale, the expenses aren’t deductible rental expenses.

https://www.irs.gov/publications/p527

 

Carl
Level 15

What is the best way to handle expenses of vacant rental property for sale?

In such a case, expenses are deductible as carrying costs or sales expenses,  of one sort or other. But for @radleresq based on what's mentioned in their original post, all the work could be grouped together and it might qualify "borderline" as a property improvement, thus adding to the cost basis of the property. Other costs (taxes, insurance, utilities) would probably qualify as carrying costs, cost incurred preparing for sales,  or something of that sort.

What is the best way to handle expenses of vacant rental property for sale?

Thanks for this info.

When you stated that 'Expenses incurred after the last renter moved out are not deductible as rental expenses' did you mean that any mortgage payments, insurance payments and real estate taxes that were incurred on the rental property are not deductible?  (This seems to be the case.) 

Please advise. 

Thanks

Carl
Level 15

What is the best way to handle expenses of vacant rental property for sale?

Expensees incurred after the last renter moved out, or when you decided to not hold the property out for rent any longer, are not deductible on SCH E.

For example, a renter moves out and you stop advertising the property for rent, and instead list it for sale. Expenses incurred after the last renter moved out, or after you stopped holding it for rent, are not deductible on SCH E. So mortage interest, property taxes and property insurance would be pro-rated for the SCH E for the period of time the property was a rental.

Whereas if you held the property out for "sale or lease", and you were offered a purchase price instead of a rental inquiry and accepted the offer and elected to sell, then all expenses incurred would be a rental expense up to the date of the closing on the sale.

 

What is the best way to handle expenses of vacant rental property for sale?

Thanks for the clarification.

What about the improvements that had been made in order to the property prior to renting it out?  I depreciated these assets in 2020 and 2021. In your earlier post, it seems as though you can declare them to be sold - presumably on the date the house was sold - and these are treated as a kind of deduction.

If these assets are sold with the house, is the Asset Sale Price supposed to be 0?

Thanks

KD 

What is the best way to handle expenses of vacant rental property for sale?

See Section 1.266-1(b) with respect to capitalizing expenses.

 

https://www.law.cornell.edu/cfr/text/26/1.266-1

 

Note that the expenses must be otherwise deductible in order for the Section 266 election to be made.

 

If you held your property out for rent (e.g., would accept a renter, regardless), then the ordinary expenses you incurred would be deductible. If the case were otherwise, then the expenses are neither deductible nor can they be added to your basis via a Section 266 election.

 

What is the best way to handle expenses of vacant rental property for sale?


@paultrue77 wrote:

I have no idea who would ever think that you could credibly try to rent and sell a property up to the closing date, but such are the crazed rules.


I have not only tried to rent property up to the closing date, I have actually done so. It is not in the least bit unusual as I know dozens of other owners who have been, or are, similarly situated.

What is the best way to handle expenses of vacant rental property for sale?

The three assets could have been expensed and so qualify for this treatment.

 

But what is meant in Turbo Tax by 'Asset Sales Price' and 'Asset Sales Expense'? The 3 assets that had been depreciated were not sold separately  - they were part of the house.  Is 'Asset Sales Price' the price of the property? Or something else?

Thanks!

What is the best way to handle expenses of vacant rental property for sale?

Agreed, but requiring property to be held out for both simultaneously is not terribly motivational or fair to property managers and agents. It can also create challenges when rental and sale offers are received in similar timeframes. 

Carl
Level 15

What is the best way to handle expenses of vacant rental property for sale?

WHen you sell rental property, you report the sale of each individual asset separately. You split your total sales price and total sales expenses across all assets. It's important to note that if you sold the property at a gain, then your sales price for each asset must show a gain on each asset. Doesn't matter if the gain is $1 on some assets, and $100,000 on other assets. A gain is a gain is a gain is a..... That's the only way to ensure you correctly recapture the depreciation taken on all assets.

 

What is the best way to handle expenses of vacant rental property for sale?

Hopefully this will answer your question and provide a broader answer for those concerned about either pre or post in service costs. First, it is important to understand that expenses for unimproved (ie. land) or out of service real property which cannot be claimed for immediate tax purposes are not necessarily lost as deductions.  As others have pointed out the the deductibility of many items on personal schedules has been impacted by the 2017 Tax Cuts and Jobs Act which eliminated miscellaneous itemized deductions for the 2018 to 2025 tax years and placed a 10K cap on property tax deduction. Please see a quick explanation here: https://www.baldwincpas.com/insights/content/salvaging-investment-expenses-under-tax-cuts-and-jobs-a...

 

A 266 election may provide an alternative method of deduction retention by allowing the cost of items such as the following to be added to the basis of the property thus reducing the gain at the time of the property's sale. These include:

  • Annual taxes, mortgage interest, and other carrying charges for unimproved and unproductive real property,
  • Loan interest, certain taxes, and other necessary expenditures paid or incurred to develop or improve real property up to the time the development or construction work has been completed,
  • Interest on a loan to purchase, transport, or install personal property, and certain taxes relating to personal property paid or incurred up to the later of the date installation or when the property is first put into use by the taxpayer, and
  • Other taxes and carrying charges relating to property that otherwise are deductible and that in the opinion of the IRS are chargeable to a capital account, applying sound accounting principles.

There is a caveat however. "The AICPA isn’t sure if a Section 266 election is still valid under TCJA. This is because of the language of 266 which says  items "which are otherwise expressly deductible". "Some commentators have argued the miscellaneous itemized deduction rules were merely “suspended” not repealed, so the eligibility of these costs is still being determined."   https://somersetcpas.com/section-266-election-for-investment-property/  As far as I can tell the IRS has not provided any additional guidance leaving a big question mark.

Despite this "... even while application of the "otherwise deductible" requirement remains somewhat uncertain, the Sec. 266 election plainly is available for qualifying interest expense falling below the taxpayer's Sec. 163(j) limitation for a given year. Depending on the facts, electing to capitalize at least this portion of the taxpayer's qualifying interest expense may be beneficial."  https://www.thetaxadviser.com/issues/2020/jun/elective-capitalization-tcja-planning.html#:~:text=59A...

 

My suggestion would be to consult with your CPA and see how they are comfortable applying a 266 election to your circumstances given the latest information regarding the IRS stance on applicability during the TCJA suspension period. Sorry not to be able to leave you with black or white but such are the joys of taxes. 

What is the best way to handle expenses of vacant rental property for sale?

Your improvements are added to the basis of the house. When you sell it the your gain will be the net of selling price minus costs of the sale, your adjusted property basis and the total depreciation you have taken. While you have likely individually depreciated the improvements  during ownership there is no need to segment them at sale as you are reporting and recapturing the total depreciation you have taken.

What is the best way to handle expenses of vacant rental property for sale?

If you have been depreciating the property correctly all these years then here is a basic blueprint to follow : 

 

Cost basis =  purchase price + cost to buy + improvements

Adjusted cost basis =  cost basis -  depreciation taken

Sales price - ( cost basis + cost to sell )  =  profit or loss

Profit - depreciation taken = cap gain 

Depreciation is taxed as ordinary income not to exceed 25%.

Cap gain taxed at no more than 20%.

 

Ok ... a simple example of ratios ...  if you have more assets than the example then you will have more lines.  Remember if you divide a big number into a littler number you get a % ...  thus 5000/100,000 = 5%

 

       original  cost basis          ratios                  Sales price             cost of sale 

home    80000                   80%                          160,000               8,000

land       15000                   15%                           30,000                 1,500

roof        5000                        5%                           10,000                   500 

totals     100,000                100%                        200,000               10,000

 

All you need to enter into the program is the % of sales price & % of cost of sale for each asset being sold and you will have to do the math yourself as the program will not do it for you if you have more than one asset (the land & building are considered 2 assets) . 

 

And if you have NOT been taking depreciation as required  then RUN to a local tax pro when you file this return to get this error fixed correctly so you do not pay more taxes than you are required to do ... the form 3115 you need is not supported in the TT program and it is NOT a DIY project. 

 

 

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies