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likecool21
Returning Member

Any downside to declare rental property depreciation?

In 2021 my rental property calculates to a big negative income - the deductions (property tax, insurance, management fee, mortgage interest etc) can already offset the rental income. So technically I don't need to declare property depreciation to avoid paying any taxes. Turbotax still calculated depreciation by itself so there is a huge negative income for my rental property. I wonder if there is any downside for declaring property depreciation? If there is any negative impact should I not declare property depreciation?

 

Thanks!

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6 Replies

Any downside to declare rental property depreciation?

OK ... there is no decision to make ... you MUST depreciate the property.  Failure to do so will force you to pay a lot more in taxes when you sell the property in the future.  

 

If the property runs at a loss due to the depreciation that is normal.  And if the loss is not allowed currently it is carried forward to be used later.  

Any downside to declare rental property depreciation?

My income is too high to get any money off of my taxes for my rental property. What is the downside of not declaring the rental on my taxes. 

Any downside to declare rental property depreciation?

Listen carefully .... YOU MUST MUST MUST TAKE DEPRECIATION.  It is not an option.  Failure to take the required depreciation and banking the unused deduction for later will mean you will pay taxes on something you never got to deduct thus paying taxes on the amount twice. 

MarilynG1
Expert Alumni

Any downside to declare rental property depreciation?

If you're not allowed to claim a Rental Loss this year (due to your income), the loss is Carried Forward each year until you are able to claim the losses, or until you sell the property.

 

At that time, if you have not been able to claim Rental Losses over the years, you will have a large Capital Loss to take against the sale proceeds of the property.

 

Be sure that you indicated you 'actively participate' in your Rental Activity and that your investment is 'at risk'.  

 

Here's more info on Passive Activity and At-Risk Rules.

 

@papa281 

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Any downside to declare rental property depreciation?

Thank you for the post. It was the information I was looking for. If it is ok, I have a few follow up questions:

 

I filed tax with Turbo tax last year and wonder if I need to file 1040X.

I bought a $750K new house from a builder as a rental investment property in Nov last year. When I filed tax in April this year, I used the land value that the builder used in the previous year, $150K, making dwelling as $600K, which becomes a cost basis for depreciation.

However, in May, I received a property tax bill stating land is now $200K, so my depreciation cost basis seems now changed to $550K (from $600K that I filed this April).

 

My questions are:

  1. Do I need to file 1040 X to change the depreciation cost basis from $600K to $550K?
  2. My rental income is almost equal to expenses, so I have zero profit from the rental. However, with depreciation ($600K / 27.5 years = $21.8K), TurboTax shows I have $21.8K loss every year for the next 27.5 years. The loss seems large, and I wonder if it is ok with IRS?
  3. Suppose I sell the house at $1M in 27.5 years later. Since carried over loss is equal to depreciation over 27.5 years, would my capital gain be just $1M - $750K = $250K?

Thank you for your advice.

Any downside to declare rental property depreciation?

both numbers may mean nothing when it comes to taxes. The proper answer is on the date of closing the value of the land vs the value of the building. Then add prorated capitalizable closing costs.

generally, with few exceptions, nothing that happens in future years changes this. exceptions might be tearing down the building. then depreciation stops and the remaining cost goes to land. Improvements would add to depreciable cost but are separate and apart from the original costs.  

  1. Suppose I sell the house at $1M in 27.5 years later. Since carried over loss is equal to depreciation over 27.5 years, would my capital gain be just $1M - $750K = $250K?

 

under current tax law:

if the property is disposed of in a fully taxable transaction (IRC 1031 is not used) and assuming no aggregation any suspended loss is allowed. depreciation allowed or allowable is first recaptured as section 1250 gain which as of this tax year is tax at a federal rate that does not exceed 25%. Currently there is also a Net Investment Income Tax of 3.8% that set to expire at the end of 2025. But who knows what Congress will do. Whether this applies depends on your modified adjusted gross income and filing status. 

 

 

so if the net selling price (after selling expenses) is $1,000,000 the gain is $850,000 (building is fully depreciated and assuming the land's tax basis is $150,000). of the $850,000 $600,000 is taxed as section 1250 gain $250,000 is taxed as long-term capital gain 

 

 

as a side note it's unlikely that the loss will remain the same every year. rents should be going up over 27+ years and interest expense should be going down. the principal paid on the mortgage is not deductible. 

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