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vivtung92
Returning Member

How to claim rental expenses when rental income is 0

I purchased the property in jun 2022 and it didn’t get rented out until Jan 2023. How can I claim the capital expenses against my rental income, which is 0, in turbo tax for 2022? Or I need to wait till 2023 tax year?

my property was ready for rent by dec19,2022

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How to claim rental expenses when rental income is 0

If the property was available for rental use in June of 2022, then you can deduct all ordinary and necessary rental expenses (including depreciation) regardless of whether or not you had any rental income.

 

Note that the expenses will be entered on Schedule E and the net loss will be a passive loss and suspended unless and until you have passive income to be offset (assuming you are not a real estate professional who materially participates in the rental activity).

 

However, note that there is a special allowance for active participation subject to adjusted gross income limitations.

 

See https://www.irs.gov/publications/p527#en_US_2022_publink1000219124

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16 Replies

How to claim rental expenses when rental income is 0

If the property was available for rental use in June of 2022, then you can deduct all ordinary and necessary rental expenses (including depreciation) regardless of whether or not you had any rental income.

 

Note that the expenses will be entered on Schedule E and the net loss will be a passive loss and suspended unless and until you have passive income to be offset (assuming you are not a real estate professional who materially participates in the rental activity).

 

However, note that there is a special allowance for active participation subject to adjusted gross income limitations.

 

See https://www.irs.gov/publications/p527#en_US_2022_publink1000219124

Hal_Al
Level 15

How to claim rental expenses when rental income is 0

Q. Do I need to wait till 2023 tax year?

A. Simple answer: yes.

 

You may deduct expenses from when you placed the unit "in service".  That's when it was ready to rent, whether you had a tenant or not.  

 

See https://www.therealestatecpa.com/blog/real-estate-start-up-costs#:~:text=Prior%20to%20buying%20a%20r....

Carl
Level 15

How to claim rental expenses when rental income is 0

It appears you are a first time landlord. Hopefully, this information will be helpful.

Understand that absolute perfection in that first year of reporting rental income/expenses is not an option. It's an absolute must. Even the tiniest of mistakes can (and will) grow exponentially over time. When you catch your error years down the road (usually in the tax year you sell the property) the cost of fixing it will be $expensive$. So if you have questions, by all means ask.

It's also important to understand the difference between "repair" expenses and "property improvements". They are two different beasts.  For starters, if the property was no in service and "available for rent" on or before Dec 31 of the tax year, then you have absolutely nothing what-so-ever to report on SCH E for that tax year. So if the property wasn't "move in ready" on or before Dec 31 of the tax year, I seriously doubt it was available for rent.

The below information provides clarity on a number of things that, in my personal opinion, the program does not. Please save the below information, as I"m confident you will find it a life saver when you report this rental on your 2023 return next year.

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 was contracted to move in, and/or "could" have moved in. That would be your "in service" date or after if you were asked for that. Vacant periods between renters do not count for actual days rented. Please see IRS Publication927 page 17 at https://www.irs.gov/pub/irs-pdf/p527.pdf#en_US_2020_publink1000219175 Read the “Example” in the third column.
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, 2nd home, or any other personal use reasons 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 Improve, restore, or otherwise “better” the property. Basically, they retain or add value to the property.

Betterments:
Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. An example of a pre-existing condition or defect in this context would be something such as foundation repair (slab jacking) or some other, hidden and costly, anomaly.
Restoration:
Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.
Adaptation:
Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property. Adding a wheelchair ramp would be an example.

 

Expenses for these types of costs 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 need to 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 instead of capitalizing and depreciating them, 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 its assets in the usable 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 for the very first time are not deductible.

Repair

Those expenses incurred to return the property or its assets to the same usable 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 for the very first time 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.

vivtung92
Returning Member

How to claim rental expenses when rental income is 0

I forgot to mention that my property is ready for rent by mid dec, like the ad is up in mid dec.

How to claim rental expenses when rental income is 0


@vivtung92 wrote:

I forgot to mention that my property is ready for rent by mid dec,.....


Then December of 2022 would be the date you placed the property in service and the date from which you could deduct any ordinary and necessary rental expenses incurred.

Cynthiad66
Expert Alumni

How to claim rental expenses when rental income is 0

Let's keep it as simple as possible.  IRS says when you place property in service in a rental activity when it is ready and available for a specific use in that activity. Even if you aren’t using the property, it is in service when it is ready and available for its specific use.

 

So, if the house was ready and available for rent is when you can start to deduct rental expenses.  You purchased in June so if it was ready to rent then you can claim all of your expenses and capital improvements and depreciate the property as of June. 

 

Capital expenses are depreciated along with the property.  You can add to cost of property if it is renovation type stuff or report as a separate item of  there are appliances etc. with a shorter life span.

 

You can recover some or all of your improvements by using Form 4562 to report depreciation beginning in the year your rental property is first placed in service, and beginning in any year you make an improvement or add furnishings. Only a percentage of these expenses are deductible in the year they are incurred.

 

How to Enter Rental Income and Expenses

 Here is a link to IRS Publication 527 on Rental Property

 

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How to claim rental expenses when rental income is 0

Simple, based upon the facts delineated, is that the rental was ready and available for use as a rental in December and @vivtung92 can begin deducting expenses, including depreciation, from that date.

 

@vivtung92 

Carl
Level 15

How to claim rental expenses when rental income is 0

Understand that long term residential rental real estate will almost always show a loss "on paper" at tax filing time, every single year. It's normal. When you add up the deductible rental expenses of mortgage interest, property taxes, property insurance and the depreciation you're required to take by law, those four items alone will usually exceed the total rental income received for the tax year. Add to that other rental expenses such as maintenance, repairs, etc., and you're practically guaranteed to show a loss.

Once your rental expenses gets your taxable rental income to zero, that's it for the most part. Any excess losses are just carried over to the next year where you can deduct them from the rental income "if" you have the rental income to deduct them from. Chances are,you won't.

Therefore your passive activity loss (PAL) carry overs will continue to grow with each passing year.

Now there is an allowance where, if your income is under a certain threshold you can deduct up to a maximum of $25K from your other ordinary income. But still, anything in excess of that still gets carried over to the next year.

When you have PAL carry overs, sometimes referred to as suspended losses, you can't actually realize those carry overs until the tax year you sell the property. When you sell the property those suspended losses are "released" and you can claim them against all other income.

First, those released losses decrease your taxable rental income. If any are left they decrease your taxable gain on the sale. If there's still losses left over they can be used to decrease the taxable amount of any other "ordinary" income you may have.

Depending on other factors, your losses against other ordinary income may be limited to $3000. But you can claim the loss each year until it's all used up.

Some thing they don't have to report rental income if it shows a loss. That's not true. If you don't claim the loss in the tax year it occurs, then you can't use that loss to offset other income in a future tax year.

 

How to claim rental expenses when rental income is 0


@Carl wrote:

Depending on other factors, your losses against other ordinary income may be limited to $3000. But you can claim the loss each year until it's all used up.


No, a loss on the sale of rental property is not limited to $3,000 (as would be a net excess capital loss).

 

In fact, the loss could create an NOL since it involves the sale of business property.

vivtung92
Returning Member

How to claim rental expenses when rental income is 0

@Anonymous_ which form do I use to claim the deductible while the property is not in service?

How to claim rental expenses when rental income is 0


@vivtung92 wrote:

@Anonymous_ which form do I use to claim the deductible while the property is not in service?


That has been implied in this thread previously in the sense that you cannot deduct typical rental expenses (such as utilities, repairs, cleaning/maintenance) until the property is placed in service (i.e., ready and available for rent).

vivtung92
Returning Member

How to claim rental expenses when rental income is 0

@Anonymous_ how about the upgrade, like getting new furnace or changing flooring I did before getting it rented out? I can claim capital cost allowance over those?

How to claim rental expenses when rental income is 0


@vivtung92 wrote:

@Anonymous_ how about the upgrade, like getting new furnace or changing flooring I did before getting it rented out? I can claim capital cost allowance over those?


Yes, but those would qualify as improvements and you would capitalize them as a result. 

 

Add the cost of the improvements to your basis (purchase price, typically) and begin depreciating that total when you place the rental in service (based on your facts, December).

 

 

Carl
Level 15

How to claim rental expenses when rental income is 0

There is no deductible of anything on SCH E for the property or during the time the property is not in service.

Your only deductions for the period of time "before" you placed the property in service, are property taxes and mortgage interest. That's it. Those are a SCH A itemized deduction.

Additionally, the deductible amount of property taxes and mortgage interest and property taxes are prorated so the allowable amount you can claim is split between SCH E for the period of time it was classified as a rental, and SCH A for the period of time it was not.

Also, you have to manually pro-rate the property insurance. Whatever portion of property insurance you paid for the period ot time it was a rental is a SCH E deduction. But property insurance for the period of time it was not a rental, is not deductible at all, anywhere on your federal tax return.

Just keep in mind that until the total of all your SCH A itemized deductions exceed your standard deduction, it has no impact on your tax liability. Additionally, there are limits on some things you may claim as an itemized deduction on SCH A. For example, SALT (State and Local Taxes) paid are limited to a maximum of $10,000. Any SALT paid over that amount is just flat out not deductible on the federal return. (May be different for your state return, if your state taxes personal income.)

Typically, if you just work through the program the way it's designed and intended to be used, while using the guidance I provided earlier so you don't "misinterpret" or miss anything, it all works out in the wash. But I can't stress enough the importance of reading the small print on each and every screen as you work it through.

 

 

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