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TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

I have two rentals. Can I elect "small taxpayer safe harbor" for one rental and "De Minimis Safe Harbor" for another in the same year? Thank you!

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1 Best answer

Accepted Solutions
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Yes. The SHST is also claimed on a building-by-building basis. Thus, if you own more than one rental building, you can claim the SHST for some rental buildings and not use it for others. Also, y.You can claim the SHST for some years and refrain from doing so for other years—it’s entirely up to you.

Please feel free to post any additional details or questions in the comment section.

The SHST may be used only for buildings—including condos and coops--with an unadjusted basis of $1 million or less. Thus, it can’t be used for many larger apartment buildings or other more expensive rental buildings. “Unadjusted basis” usually means a building’s original cost (also called its cost basis), not including the cost of the land.

To determine a building’s unadjusted basis, you don’t subtract the annual amounts you deduct for depreciation. But you add the value of any improvements you make to the building while you own it and that you are depreciating along with the rest of the building.

If you own more than one rental unit or building, the $1 million limit is applied to each separately. Thus, for example, a landlord with 10 rental buildings each with an unadjusted basis of less than $1 million could use the SHST for each of them.




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19 Replies
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Yes. The SHST is also claimed on a building-by-building basis. Thus, if you own more than one rental building, you can claim the SHST for some rental buildings and not use it for others. Also, y.You can claim the SHST for some years and refrain from doing so for other years—it’s entirely up to you.

Please feel free to post any additional details or questions in the comment section.

The SHST may be used only for buildings—including condos and coops--with an unadjusted basis of $1 million or less. Thus, it can’t be used for many larger apartment buildings or other more expensive rental buildings. “Unadjusted basis” usually means a building’s original cost (also called its cost basis), not including the cost of the land.

To determine a building’s unadjusted basis, you don’t subtract the annual amounts you deduct for depreciation. But you add the value of any improvements you make to the building while you own it and that you are depreciating along with the rest of the building.

If you own more than one rental unit or building, the $1 million limit is applied to each separately. Thus, for example, a landlord with 10 rental buildings each with an unadjusted basis of less than $1 million could use the SHST for each of them.




TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

If I elect "De Minimis Safe Harbor" for one rental, do I have the elect the same for the other rental? Thank you!
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Thank you! Yes. If you decide to take this option, a form called De Minimis Safe Harbor Election will show up in your tax return. This election will apply to ***ALL*** your businesses, rental properties or farms.

Here are the rules you need to meet to take this election:

You don't have an applicable financial statement (most people don't).
You have a consistent process for how you record expenses and assets.
You record these items as expenses on your books/records.
The cost of each item as shown on your receipt is $2,500 or less.
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Thank you for all your answers!!!
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Still a bit confused here. If I purchase two central ACs, one costs $3000 for rental 1, and the other costs $2500 for rental 2, can I claim SHST for rental 1 and De Minimis for rental 2? I thought election of De Minimis applies to all rentals.
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

De Minimis DOES apply to ALL your businesses, rentals or farms. If you want to expense the $3000 AC for rental 1, why can't you just elect STSH for both rentals for this year?
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Rental 1's all repair and improvement expenses may exceed 2% of unadjusted basis :(
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Ouch! $150K building. Don't imagine a $3k A/C is a window unit depr over 5 years. Last idea before we depreciate over 27.5 years:  “Unadjusted basis” usually means a building’s original cost (also called its cost basis), not including the cost of the land. To determine a building’s unadjusted basis, you **don’t** subtract the annual amounts you deduct for depreciation. **** But you add the value of any improvements you make to the building while you own it and that you are depreciating along with the rest of the building.
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

I bought the house 20 years ago at $200K. But the land was $50K according to that year's property tax. So my unadjusted basis is $150K, right?
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Yes, unfortunately, the calc is correct. Any improvements in the last 20 years?
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Yes, definitely. But I could only use the original price for SHST, right?
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

No. Read the basis definition 3 comments up.
TL3
Level 2

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Interesting! So if I replaced the hot water tank for $1000 2 years ago, my unadjusted basis would be ($150K + $1000) 2 years ago, right? If this is the case, I might be able to use SHST. Thank you so much!!!
MichaelDC
New Member

Can I elect both "small taxpayer safe harbor" and "De Minimis Safe Harbor"?

Bingo! We have a winner! More than a pleasure. Good Luck!
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