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How to recover unclaimed depreciation?

I thought I was a saint for reporting my rental income for the two-three bedrooms I was renting to soon-to-be married, between jobs family and friends. I filed a Schedule E for all applicable years, 2020, 2021, and 2022. Now, I have only this week learned of the impending Depreciation Recapture when/if I sell the home. I never claimed depreciation, and I suspect, because I am usually very thorough, and based on a number of other comments and questions in this forum, TT doesn't always prompt you for depreciation, or at least does not do it in a way that's intuitive to someone who is completely ignorant of it (as I was, admittedly). Either way, not here to criticize TT for that. Point is, I never claimed the depreciation for those years. 

 

I can amend 2021 and 2022, but 2020 is out of reach. What are my options for accessing that 2020 depreciation? The internet seems to agree that a 3115 is in order, but my CPA, who I am meeting with in a few days, has been adamant that I do not need a 3115. He is a cagy fellow who communicates poorly in text, so until I sit down with him I cannot truly understand his reasoning. What I can surmise is, if we amend 2021, then we will no longer have "back-to-back" impermissible methods, and therefore no 3115 will be needed...? Idk what else he could be thinking.  And if that were the case, and since I cannot amend 2020, how would I claim that depreciation?

 

Unsure of best course of action here. 

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10 Replies

How to recover unclaimed depreciation?

 

How to recover unclaimed depreciation?

 

How to recover unclaimed depreciation?

Thank you. I am filing amended 2021 and 2022 returns; do I file the 3115 separately, prior to, or with either of those amended returns?

How to recover unclaimed depreciation?

 

How to recover unclaimed depreciation?

Thanks, but I don't understand the "and" in your comment. I don't file 3115 and amended returns? Does that mean I do not file them together, or I never file them for the same years?

 

Do I go ahead with the amended returns and then file the 3115 with my 2024 taxes? (yes, I filed 2023 already). 

 

Thanks!

How to recover unclaimed depreciation?

 

How to recover unclaimed depreciation?


@jscon2011 wrote:

Thanks, but I don't understand the "and" in your comment. I don't file 3115 and amended returns? Does that mean I do not file them together, or I never file them for the same years?

 


If you made the mistake in one year, you could amend that year.  Since you made the mistake 3 years in a row, you need to use form 3115 only.

 

If your accountant is "cagey" and won't help, get a new accountant.  

How to recover unclaimed depreciation?

Ahh, understood. This is so helpful!

 

To add a layer of context, I also failed to deduct mortgage insurance and a number of other deductions on my rented portion of the home, so I have reasons to amend otherwise. I'm guessing you would suggest amending for those reasons but skipping adding the depreciation to those amendments, and instead using the 3115 for all three years next April?

How to recover unclaimed depreciation?


How to recover unclaimed depreciation?


@jscon2011 wrote:

and instead using the 3115 for all three years next April?


 

What about 2023?  Has that already filed?  Did you claim depreciation?  You weren't allowed to claim depreciation in 2023 without filing the 3115.

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