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Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

We purchased property by getting a loan in the amount of $136569.87 against a rental property we had that was already paid for. The land we purchased cost us $122197.41. Plus $1000.00 earnest money to hold the property. We also paid $6576.95 for the cost of subdividing the land. We sold two lots for $99,000. in 2018, but still owe the loan on the rental property. How do we handle this next year. We have a mortgage payment on the rental property loan in the amount of 724.00 and are paying interest on it. How do I handle the taxes on it next year? 

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5 Replies

Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

Unless you are in the business of selling real estate, you would have capital gains on the sale of each lot. When you sell each lot would determine whether or not the gain was long term.

To report the sale of the lots, you would

  • Click on Federal Taxes,
  • Click on Wages & Income
  • Scroll to Investment income and click on the button beside Stocks, Mutual Funds, Bonds, Other
  • Answer Yes to Did you sell any investments in 2017?
  • Answer whether or not you received a 1099-B or a brokerage statement
  • On the "Choose the type of investment you sold" click on Land

On the following screens, you will enter the sale information, how you acquired the land, if you used the lot for business, rental or investment, and the date acquired and original cost (which would be the cost basis of the lot sold).  TurboTax will tell you if the gain/loss is long term or short term gain.

Long-term capital gain is recognized for capital assets that are held for more than a year.

The interest paid as part of the loan payments as well as the taxes paid would be added into the cost of the lots.  So the cost basis of the remaining lots would increase by each payment of interest and/or tax.

If you are in the business of selling real estate you would report the sales transactions as income on Schedule C and the interest and taxes paid would be a deduction on Schedule C.

To report the sales on Schedule C, type Schedule C in the search box in the upper right corner and click on Find.  You will receive a Jump to link.

Click here for further information about Schedule C.

You used your rental property as collateral but the rental property is unaffected by the loan payments and taxes paid.



Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

1.   Present, Property has with Home on it has a lien (Mortgage)  on it.

2.   Proposed, Property with Home is subdivided. 

3.   Now 2 Lots.

3a. The Home will be on one Lot.

3b.  The other Lot will not have a home on it.

4.    Refinance Lot with home on it.

4a.  Place a lien with Home on it. 

5.    No lien on Lot without home.

5a.  Lot with no lien on it.

5b. Lot with no lien on it if sold. 

       Would taxes have to be paid on Lot.

6.    Property was paid with taxed money.

7.    How would capital gains be judged?

DaveF1006
Expert Alumni

Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

 First of all, congratulations on your purchase.

 

  1. In regards to the lot, there are no income taxes to pay.  You may have county or state property tax but no federal income tax.This is the same for the house.
  2. You wouldn't need to worry about capital gains tax until you sold both properties.

Capital or rordinary gains are determined by taking a difference between the (selling price- settlement costs) - (what you paid for it +cost of improvements+settlement costs)   

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Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

Can the survey fees, attorney fees, etc to subdivide for sale be added to the cost basis?  Do I need to reserve any of the initial cost of the property to use with the cost basis for when I sell the house that we built after purchasing the land as one parcel.  Thank  you !

JamesG1
Expert Alumni

Ordinary or Capital gains? When subdividing property and selling it. We purchased property by getting a loan in the amount of $136569.87 against our rental property.

Most likely these expenditures can be added to the cost basis.

 

Please see this IRS publication pages 2 and 3 under Real property.

 

If the real property will be subdivided and a personal residence will be constructed on one of the subdivided parcels, allocate a portion of the land cost to the cost basis of this personal residence.

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