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Foreign rental property depreciation. Cannot find depreciation for previous years (3) possibly never entered. Property was a gift. Do I need to amend returns?

I don't recall ever entering depreciation for previous years.

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3 Replies
pk
Level 15
Level 15

Foreign rental property depreciation. Cannot find depreciation for previous years (3) possibly never entered. Property was a gift. Do I need to amend returns?

Allowable depreciation on income property, whether used ( recognized ) or not  still reduces your basis  and becomes important when you sell the property. Additionally  because this is a gift it opens up two items--> (a)  your  basis of property gifted to you is  the same as that of the donor --- thus while the depreciation may not be  large ( assuming that the donor had held the property for a longtime and that the property inflation is reasonable ), the effect on the  adjusted basis is till real. ;  (b) if the gift is from a foreign person  and to you when you had become a citizen/ resident of USA, you may have to report the transaction -- no tax consequence.

Please , when you say gifted, I hope you do not mean left to you as a part of inheritence, because in that case the basis  is the Fair Market Value of the property at the time of death of the decedent.

If you have not been recognizing the  depreciation of income property ,  then Ideally  you should amend the  returns of the past years --- the only issue sometimes is that , if this results in a refund   ( due to amendment ) , IRS will reocgnize but may not give you the refund  for returns  that are more than 3 years old.

To recognize depreciation, you have to enter all the details  on the asset worksheet ( tell TurboTax that you have a foreign  real-estate  --  the  basis, the year you started renting out etc. ( also land value ) etc. etc. . Turbo will than do the rest and provide you with a depreciation schedule. Use this to amend the past returns.

Hope this helps and if you need more help, please add your  questions as part of comments

Foreign rental property depreciation. Cannot find depreciation for previous years (3) possibly never entered. Property was a gift. Do I need to amend returns?

Thank you for your answer!  Follow up questions: is depreciation mandatory? Can I just not take it?
pk
Level 15
Level 15

Foreign rental property depreciation. Cannot find depreciation for previous years (3) possibly never entered. Property was a gift. Do I need to amend returns?

there is no requirement to "take" it but whether you do or not, it still counts as a reduction to your basis in the property and thus increases your capital gain when you sell the property ( assuming the prices go up, in dollar terms ). Also note that by taking the depreciation,  and if you end up with a loss  on schedule-E, under certain conditions, that loss reduces your ordinary income and therefore your current tax liabilities
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