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Rules for deducting vacation rental expenses for setting it up late in the year - likely won't be available to rent until late in December

Hello, we just bought a 2nd home in MI (we are WA state residents), and took possession of the house on 11/01. We intend to have this 2nd house be primarily a vacation rental, and we would live in it for maybe 3-4 months per year. From the time we took possession, we have been updating and improving the house to ready it to be a vacation rental. We've incurred many expenses related to the rental. We intend to have it ready to rent in late December (maybe by the 26th). My question is, are these expenses going to be deductible from our future rental income for 2021 and beyond (as carryover or rollover expenses), even if we haven't rented it out for the 14 day minimum this tax year? I mention the 14 day minimum, as everything I've seen is that the IRS doesn't want you to claim rental expenses unless you've rented it out (or had it available to rent) for 14 days in the year. But, we bought this house late in the year, and we've got to spend the time getting it ready, so I don't know that we can make it available by mid-December in order to get to that 14 day threshold.

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2 Replies

Rules for deducting vacation rental expenses for setting it up late in the year - likely won't be available to rent until late in December

First the 14 day rule is for your personal residence ONLY so it doesn't apply to a vacation home. 

 

Next ... the purchase price + cost of purchase + cost of improvements = cost basis to be used for depreciation when the property starts being rented. If you actually get it rented for at least 1 day in 2020 then it will go on the 2020  return ... if not it waits until next year.  

 

I highly recommend you either seek council from a local tax pro  or  do some self education ... 

 

https://www.irs.gov/forms-pubs/about-publication-527

Carl
Level 15

Rules for deducting vacation rental expenses for setting it up late in the year - likely won't be available to rent until late in December

Start up expenses for SCH E rental property are just flat out not deductible. Period. Now don't confuse start up expenses, or any other expenses with property improvements. Property improvements are their own thing, as they add value to the property.

If this property qualifies as a SCH C business, then some of the below does not apply.

Rental Property Dates & Numbers That Matter.

Date of Conversion - If this was your primary residence or 2nd home before, then this date is the day AFTER you moved out, or the date you decided to lease the property – whichever is later.
In Service Date - This is the date a renter "could" have moved in. Usually, this date is the day you put the FOR RENT sign in the front yard.
Number of days Rented - the day count for this starts from the first day a renter "could" have moved in. That should be your "in service" date if you were asked for that. Vacant periods between renters count also PROVIDED you did not live in the house for one single day during said period of vacancy.
Days of Personal Use - This number will be a big fat ZERO. Read the screen. It's asking for the number of days you lived in the property AFTER you converted it to a rental. I seriously doubt (though it is possible) that you lived in the house (or space, if renting a part of your home) as your primary residence or 2nd home, after you converted it to a rental.
Business Use Percentage. 100%. I'll put that in words so there's no doubt I didn't make a typo here. One Hundred Percent. After you converted this property or space to rental use, it was one hundred percent business use. What you used it for prior to the date of conversion doesn't count.

RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

Property Improvement.

Property improvements are expenses you incur that “better” the property. Basically, they retain or 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 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, 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.

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.

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