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burnison6
Returning Member

Where can it report my loss of use of rental property

reporting loss of use when property unrentable
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6 Replies
Carl
Level 15

Where can it report my loss of use of rental property

There is no such thing as "loss of use" for rental property. Can you share more details? I commonly see that phrase when there's something like a fire and the insurance payout includes rent payments for the period of time it was unrentable while repairs were being done. That's not loss of use. It's exactly the opposite. The insurance company rented the property from you during the time it was being repaired.

 

burnison6
Returning Member

Where can it report my loss of use of rental property

My condo was hit by a hurricane.  I rent it 5-6 months & use it at least 5 months/year.  I was not able to use it due to the disaster & had to rent another place.  My insurance did not cover the total cost.

Carl
Level 15

Where can it report my loss of use of rental property

Basically, you don't have anything to claim as far as loss of rent goes. You can not deduct from your income, that income which you never received and paid taxes on in the first place.

My condo was hit by a hurricane. I was not able to use it due to the disaster & had to rent another place.

Don't know if you mean that you personally could not use it, or you could not rent it out. But either way there's nothing to claim just because you couldn't use it or rent it out.

My insurance did not cover the total cost.

Did you actually use the insurance money to fix the damage? Assuming the property is classified as residential rental real estate the entire year, the insurance money gets included as rental income. Then whatever you spent to fix the damage (assuming you did in fact, fix it) gets reported either as a rental expense or a property improvement. Most likely if the property was uninhabitable due to the damage, your costs to restore it back to it's former condition or better are all property improvements.

Assuming you intend to continue renting it in the future, those property improvements get entered in the assets/deprecation section in the first tax year the property is "available for rent" after the work is complete. They get depreciated over the next 27.5 years.

As for the "loss", you claim that elsewhere on your tax return outside of the SCH E. Your losses are claimed under the Deductions and credits tab in the Casualty and Thefts section. *MAKE SURE YOU DO THIS RIGHT* and read the "learn more" links.

Keep in mind that any loss is on the structure only. you can't claim damage to land unless a volcano opens up and swallows it, or it's beach front property on a cliff and it fell off into the ocean. (The county property appraiser would be highly involved if that happened.)

In the casualty and theft section your loss is based on what you paid for the "STRUCTURE" (not the land), minus all depreciation taken already, and the insurance payout. Basically, in it's simplest form it works like this.

What you paid for/allocated to the cost of the structure minus all depreciation taken equals adjusted cost basis.

Subtract the insurance payout from that adjusted cost basis and the difference is your gain if the insurance exceeds the adjusted cost basis. Otherwise, the difference is your loss if the insurance is less than the adjusted cost basis.

I can help walk you through this. But right now I"m envisioning so many possible scenarios here that covering them all would require me to write a novel. So if you like, give me more details on costs, depreciation, insurance payout, date of loss, date of insurance payout, if you've already fixed the property, intend to fix the property, days rented or available for rent in 2020, days personal use in 2020, and all that stuff. That will enable me to help walk you through this on the 2020 tax return so you get it right.

I rent it 5-6 months & use it at least 5 months/year.

So was there a renter in the property at the time, or was it just 'available for rent'? Maybe you were using it for personal use at the time?

 

burnison6
Returning Member

Where can it report my loss of use of rental property

Sorry...guess it is confusing but...I rent 5-6 months, use it basically the rest of the time.  Therefore, because I use it over 14 days per year, my expenses can only offset my income so a lot carried over from year-to-year as my gain/loss comes out to $0.  I was reimbursed for personal property subject to my deductible & spent it on replacing items.  The question I was trying to ask was on the loss of use...the money I was paid from the insurance on that was only reimbursed to the amount of my coverage under my policy - did not cover all of the money I actually spent.  I actually had to prove to the insurance company that I spend x number of days here.  So, technically is was a loss to me in $$ because I paid rent for several weeks that was not covered by insurance.  The association is responsible for all other damage under their policy.  

Carl
Level 15

Where can it report my loss of use of rental property

Well I see that my thinking of just what you were asking was waaaaay off!

is was a loss to me in $$ because I paid rent for several weeks that was not covered by insurance.

Unfortunately, no. What you had to pay in rent to live elsewhere is just not deductible on the federal return. However, if your state taxes personal income and has something such as a "renter's credit", you may be able to claim that if you qualify to do so under the state's tax laws.

The association is responsible for all other damage under their policy.

So I take it this is a condo. You may already know this. But I just want to make sure you're aware that when it comes to your losses on the rental side, you can only claim those losses for which you are liable, not those for which the condo association is liable. If you end up paying for any portion the condo is liable for, then whatever you pay out of pocket for that portion just adds to your cost basis in the property. You don't get to deduct it as a permanent deduction anywhere. All I can say on that at this point is be careful. It can (and usually does) get complicated if the association starts this "not mine, I'm not liable" dog and pony show.

 

 

burnison6
Returning Member

Where can it report my loss of use of rental property

I do thank you for your input/help!! 

Oh, ya..association is a piece of work.  It's not so much they don't think they are liable but they did not do anything to help me get it fixed.  I had to do it all or, 7 months later, nothing would still be done.  They are having some issues with the cost & now claim they didn't know a final invoice was coming.  Yes, they did.  One fortunate thing is I hired a big, well-known company to do everything & do think they will do all they can to make sure association pays what they should.  Some question on cost of flooring but I am prepared to pay some of that if necessary.  However, they don't need to know that at this point!  Sorry but I could go on and on!

Thanks again!

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