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This chapter discusses rental
income and expenses. It covers
the following topics.
- Rental income.
- Rental expenses.
- Personal use of
dwelling unit (including
vacation home).
- Depreciation.
- Limits on rental
losses.
- How to report your
rental income and
expenses.
If you sell or otherwise
dispose of your rental property,
see Publication 544, Sales and
Other Dispositions of Assets.
If you have a loss from
damage to, or theft of, rental
property, see Publication 547,
Casualties, Disasters, and
Thefts.
If you rent a condominium or
a cooperative apartment, some
special rules apply to you even
though you receive the same tax
treatment as other owners of
rental property. See Publication
527, Residential Rental
Property, for more information.
Useful Items - You
may want to see:
Publication
-
527
Residential Rental
Property
-
534
Depreciating Property
Placed in Service Before
1987
-
535
Business Expenses
-
925
Passive Activity and
At-Risk Rules
-
946
How To Depreciate
Property
Form
(and Instructions)
-
4562
Depreciation and
Amortization
-
6251
Alternative Minimum
Tax—Individuals
-
8582
Passive Activity Loss
Limitations
-
Schedule E (Form 1040)
Supplemental Income and
Loss
You generally must include
in your gross income all amounts
you receive as rent. Rental
income is any payment you
receive for the use or
occupation of property. In
addition to amounts you receive
as normal rent payments, there
are other amounts that may be
rental income.
When to
report.
If you are a cash basis
taxpayer, report rental
income on your return for
the year you actually or
constructively receive it.
You are a cash basis
taxpayer if you report
income in the year you
receive it, regardless of
when it was earned. You
constructively receive
income when it is made
available to you, for
example, by being credited
to your bank account.
For more information about
when you constructively
receive income, see
Accounting Methods
in chapter 1.
Advance
rent.
Advance rent is any amount
you receive before the
period that it covers.
Include advance rent in your
rental income in the year
you receive it regardless of
the period covered or the
method of accounting you
use.
Example.
You sign a 10-year
lease to rent your
property. In the first
year, you receive $5,000
for the first year's
rent and $5,000 as rent
for the last year of the
lease. You must include
$10,000 in your income
in the first year.
Security
deposits.
Do not include a security
deposit in your income when
you receive it if you plan
to return it to your tenant
at the end of the lease. But
if you keep part or all of
the security deposit during
any year because your tenant
does not live up to the
terms of the lease, include
the amount you keep in your
income for that year.
If an amount called a
security deposit is to be
used as a final payment of
rent, it is advance rent.
Include it in your income
when you receive it.
Payment for
canceling a lease.
If your tenant pays you to
cancel a lease, the amount
you receive is rent. Include
the payment in your income
in the year you receive it
regardless of your method of
accounting.
Expenses
paid by tenant.
If your tenant pays any of
your expenses, the payments
are rental income. You must
include them in your income.
You can deduct the expenses
if they are deductible
rental expenses. See
Rental Expenses,
later, for more
information.
Property or
services.
If you receive property or
services, instead of money,
as rent, include the fair
market value of the property
or services in your rental
income.
If the services are
provided at an agreed upon
or specified price, that
price is the fair market
value unless there is
evidence to the contrary.
Rental of
property also used as a
home.
If you rent property that
you also use as your home
and you rent it fewer than
15 days during the tax year,
do not include the rent you
receive in your income and
do not deduct rental
expenses. However, you can
deduct on Schedule A (Form
1040) the interest, taxes,
and casualty and theft
losses that are allowed for
nonrental property. See
Personal Use of Dwelling
Unit (Including Vacation
Home), later.
Part
interest.
If you own a part interest
in rental property, you must
report your part of the
rental income from the
property.
This part discusses repairs
and certain other expenses of
renting property that you
ordinarily can deduct from your
rental income. It includes
information on the expenses you
can deduct if you rent part of
your property, or if you change
your property to rental use.
Depreciation, which you can also
deduct from your rental income,
is discussed later.
When to
deduct.
You generally deduct your
rental expenses in the year
you pay them.
Vacant
rental property.
If you hold property for
rental purposes, you may be
able to deduct your ordinary
and necessary expenses
(including depreciation) for
managing, conserving, or
maintaining the property
while the property is
vacant. However, you cannot
deduct any loss of rental
income for the period the
property is vacant.
Pre-rental
expenses.
You can deduct your
ordinary and necessary
expenses for managing,
conserving, or maintaining
rental property from the
time you make it available
for rent.
Depreciation.
You can begin to
depreciate rental property
when it is ready and
available for rent. See
Placed-in-Service Date
under
Depreciation,
later.
Expenses
for rental property sold.
If you sell property you
held for rental purposes,
you can deduct the ordinary
and necessary expenses for
managing, conserving, or
maintaining the property
until it is sold.
Personal
use of rental property.
If you sometimes use your
rental property for personal
purposes, you must divide
your expenses between rental
and personal use. Also, your
rental expense deductions
may be limited. See
Personal Use of Dwelling
Unit (Including Vacation
Home), later.
Part
interest.
If you own a part interest
in rental property, you can
deduct your part of the
expenses that you paid.
You can deduct the cost
of repairs to your rental
property. You cannot deduct
the cost of improvements.
You recover the cost of
improvements by taking
depreciation (explained
later).
Separate the costs of
repairs and improvements,
and keep accurate records.
You will need to know the
cost of improvements when
you sell or depreciate your
property.
Repairs. A repair
keeps your property in
good operating
condition. It does not
materially add to the
value of your property
or substantially prolong
its life. Repainting
your property inside or
out, fixing gutters or
floors, fixing leaks,
plastering, and
replacing broken windows
are examples of repairs.
If you make repairs as
part of an extensive
remodeling or
restoration of your
property, the whole job
is an improvement.
Improvements.
An improvement adds to
the value of property,
prolongs its useful
life, or adapts it to
new uses. Improvements
include the following
items.
- Putting a
recreation room
in an unfinished
basement.
- Paneling a
den.
- Adding a
bathroom or
bedroom.
- Putting
decorative
grillwork on a
balcony.
- Putting up a
fence.
- Putting in
new plumbing or
wiring.
- Putting in
new cabinets.
- Putting on a
new roof.
- Paving a
driveway.
If you make an
improvement to property,
the cost of the
improvement must be
capitalized. The
capitalized cost can
generally be depreciated
as if the improvement
were separate property.
Other expenses you can
deduct from your rental
income include advertising,
cleaning and maintenance
services, utilities, fire
and liability insurance,
taxes, interest, commissions
for the collection of rent,
ordinary and necessary
travel and transportation,
and other expenses,
discussed next.
Rental
payments for property.
You can deduct the
rent you pay for
property that you use
for rental purposes. If
you buy a leasehold for
rental purposes, you can
deduct an equal part of
the cost each year over
the term of the lease.
Rental
of equipment.
You can deduct the
rent you pay for
equipment that you use
for rental purposes.
However, in some cases,
lease contracts are
actually purchase
contracts. If so, you
cannot deduct these
payments. You can
recover the cost of
purchased equipment
through depreciation.
Insurance premiums paid
in advance.
If you pay an
insurance premium for
more than one year in
advance, each year you
can deduct the part of
the premium payment that
will apply to that year.
You cannot deduct the
total premium in the
year you pay it.
Local
benefit taxes.
Generally, you cannot
deduct charges for local
benefits that increase
the value of your
property, such as
charges for putting in
streets, sidewalks, or
water and sewer systems.
These charges are
nondepreciable capital
expenditures. You must
add them to the basis of
your property. You can
deduct local benefit
taxes if they are for
maintaining, repairing,
or paying interest
charges for the
benefits.
Travel
expenses.
You can deduct the
ordinary and necessary
expenses of traveling
away from home if the
primary purpose of the
trip was to collect
rental income or to
manage, conserve, or
maintain your rental
property. You must
properly allocate your
expenses between rental
and nonrental
activities. For
information on travel
expenses, see chapter
28.
To deduct travel
expenses, you must keep
records that follow the
rules in chapter 28.
Local
transportation expenses.
You can deduct your
ordinary and necessary
local transportation
expenses if you incur
them to collect rental
income or to manage,
conserve, or maintain
your rental property.
Generally, if you use
your personal car,
pickup truck, or light
van for rental
activities, you can
deduct the expenses
using one of two
methods: actual expenses
or the standard mileage
rate. For 2004, the
standard mileage rate
for all business miles
is 37½ cents a mile. For
more information, see
chapter 28.
To deduct car
expenses under either
method, you must keep
records that follow the
rules in chapter 28. In
addition, you must
complete Form 4562, Part
V, and attach it to your
tax return.
Tax
return preparation.
You can deduct, as a
rental expense, the part
of the tax return
preparation fees you
paid to prepare of
Schedule E (Form 1040),
Part 1. You can also
deduct, as a rental
expense, any expense you
paid to resolve a tax
underpayment related to
your rental activities.
On your 2004 Schedule E,
you can deduct fees paid
in 2004 to prepare your
2003 Schedule E, Part I.
If you do not rent your
property to make a profit, you
can deduct your rental expenses
only up to the amount of your
rental income. You cannot carry
forward to the next year any
rental expenses that are more
than your rental income for the
year. For more information about
the rules for an activity not
engaged in for profit, see
chapter 1 of Publication 535.
Where to
report. Report your
not-for-profit rental income
on Form 1040, line 21. You
can include your mortgage
interest (if you use the
property as your main home
or second home), real estate
taxes, and casualty losses
on the appropriate lines of
Form 1040, Schedule A,
Itemized Deductions, if you
itemize your deductions.
Claim your other rental
expenses, subject to the
rules explained in chapter 1
of Publication 535, as
miscellaneous itemized
deductions on Form 1040,
Schedule A, line 22. You can
deduct these expenses only
if they, together with
certain other miscellaneous
itemized deductions, total
more than 2% of your
adjusted gross income.
Property Changed to
Rental Use
If you change your home or
other property, (or a part of
it), to rental use at any time
other than at the beginning of
your tax year, you must divide
yearly expenses, such as taxes
and insurance, between rental
use and personal use.
You can deduct as rental
expenses only the part of the
expense that is for the part of
the year the property was used
or held for rental purposes.
For depreciation purposes,
treat the property as being
placed in service on the
conversion date.
You cannot deduct
depreciation or insurance for
the part of the year the
property was held for personal
use. However, you can include
the home mortgage interest and
real estate tax expenses for the
part of the year the property
was held for personal use as an
itemized deduction on Schedule A
(Form 1040).
Example.
Your tax year is the
calendar year. You moved
from your home in May and
started renting it on June
1. You can deduct as rental
expenses seven-twelfths of
your yearly expenses, such
as taxes and insurance.
Starting with June, you
can deduct as rental
expenses the amounts you pay
for items generally billed
monthly, such as utilities.
If you rent part of your
property, you must divide
certain expenses between the
part of the property used for
rental purposes and the part of
the property used for personal
purposes, as though you actually
had two separate pieces of
property.
You can deduct the expenses
related to the part of the
property used for rental
purposes, such as home mortgage
interest and real estate taxes,
as rental expenses on Schedule E
(Form 1040). You can also deduct
as a rental expense a part of
other expenses that normally are
nondeductible personal expenses,
such as expenses for electricity
or painting the outside of your
house.
You can deduct the expenses
for the part of the property
used for personal purposes,
subject to certain limitations,
only if you itemize your
deductions on Schedule A (Form
1040).
You cannot deduct any part of
the cost of the first phone line
even if your tenants have
unlimited use of it.
You do not have to divide the
expenses that belong only to the
rental part of your property.
For example, if you paint a room
that you rent, or if you pay
premiums for liability insurance
in connection with renting a
room in your home, your entire
cost is a rental expense. If you
install a second phone line
strictly for your tenants' use,
all of the cost of the second
line is deductible as a rental
expense. You can deduct
depreciation, discussed later,
on the part of the property used
for rental purposes as well as
on the furniture and equipment
you use for rental purposes.
How to
divide expenses. If an
expense is for both rental
use and personal use, such
as mortgage interest or heat
for the entire house, you
must divide the expense
between the rental use and
the personal use. You can
use any reasonable method
for dividing the expense. It
may be reasonable to divide
the cost of some items (for
example, water) based on the
number of people using them.
However, the two most common
methods for dividing an
expense are one based on the
number of rooms in your home
and one based on the square
footage of your home.
Personal Use of
Dwelling Unit
(Including Vacation
Home)
If you have any personal use
of a dwelling unit (including a
vacation home) that you rent,
you must divide your expenses
between rental use and personal
use. See
Figuring Days of Personal
Use and
How
To Divide Expenses,
later.
If you used your dwelling
unit for personal purposes, it
may be considered a “dwelling
unit used as a home.” If
it is, you cannot deduct rental
expenses that are more than your
rental income for the unit. See
Dwelling Unit Used as Home
and
How
To Figure Rental Income and
Deductions, later.
If your dwelling unit is not
considered a dwelling unit used
as a home, you can deduct rental
expenses that are more than
rental income for the unit
subject to certain limits. See
Limits on Rental Losses,
later.
Exception
for minimal rental use.
If you use the dwelling
unit as a home and you rent
it fewer than 15 days during
the year, do not include any
of the rent in your income
and do not deduct any of the
rental expenses. See
Dwelling Unit Used as Home,
later.
Dwelling
unit.
A dwelling unit includes
a house, apartment,
condominium, mobile home,
boat, vacation home, or
similar property. A dwelling
unit has basic living
accommodations, such as
sleeping space, a toilet,
and cooking facilities. A
dwelling unit does not
include property used solely
as a hotel, motel, inn, or
similar establishment.
Property is used solely
as a hotel, motel, inn, or
similar establishment if it
is regularly available for
occupancy by paying
customers and is not used by
an owner as a home during
the year.
Example.
You rent a room in
your home that is always
available for short-term
occupancy by paying
customers. You do not
use the room yourself,
and you allow only
paying customers to use
the room. The room is
used solely as a hotel,
motel, inn, or similar
establishment and is not
a dwelling unit.
Dwelling
Unit Used as
Home
The tax treatment of
rental income and expenses
for a dwelling unit that you
also use for personal
purposes depends on whether
you use it as a home. (See
How To Figure Rental Income
and Deductions,
later.)
You use a dwelling unit
as a home during the tax
year if you use it for
personal purposes more than
the greater of:
- 14 days, or
- 10% of the total
days it is rented to
others at a fair
rental price.
See
Figuring Days of Personal
Use, later.
If a dwelling unit is
used for personal purposes
on a day it is rented at a
fair rental price, do not
count that day as a day of
rental use in applying (2)
above. Instead, count it as
a day of personal use in
applying both (1) and (2)
above. This rule does not
apply when dividing expenses
between rental and personal
use.
Fair
rental price.
A fair rental price
for your property
generally is an amount
that a person who is not
related to you would be
willing to pay. The rent
you charge is not a fair
rental price if it is
substantially less than
the rents charged for
other properties that
are similar to your
property.
The following
examples show how to
determine whether you
used your rental
property as a home.
Example 1.
You converted the
basement of your
home into an
apartment with a
bedroom, a bathroom,
and a small kitchen.
You rented the
basement apartment
at a fair rental
price to college
students during the
regular school year.
You rented to them
on a 9-month lease
(273 days). You
figured 10% of the
total days rented to
others at a fair
rental price is 27
days.
During June (30
days), your brother
stayed with you and
lived in the
basement apartment
rent free.
Your basement
apartment was used
as a home because
you used it for
personal purposes
for 30 days.
Rent-free use by
your brother is
considered personal
use. Your personal
use (30 days) is
more than the
greater of 14 days
or 10% of the total
days it was rented
(27 days).
Example 2.
You rented the
guest bedroom in
your home at a fair
rental price during
the local college's
homecoming,
commencement, and
football weekends (a
total of 27 days).
Your sister-in-law
stayed in the room,
rent free, for the
last 3 weeks (21
days) in July. You
figured 10% of the
total days rented to
others at a fair
rental price is 3
days.
The room was used
as a home because
you used it for
personal purposes
for 21 days. That is
more than the
greater of 14 days
or 10% of the 27
days it was rented
(3 days).
Example 3.
You own a
condominium
apartment in a
resort area. You
rented it at a fair
rental price for a
total of 170 days
during the year. For
12 of those days,
the tenant was not
able to use the
apartment and
allowed you to use
it even though you
did not refund any
of the rent. Your
family actually used
the apartment for 10
of those days.
Therefore, the
apartment is treated
as having been
rented for 160 (170
- 10) days. You
figure 10% of the
total days rented to
others at a fair
rental price is 16
days. Your family
also used the
apartment for 7
other days during
the year.
You used the
apartment as a home
because you used it
for personal
purposes for 17
days. That is more
than the greater of
14 days or 10% of
the 160 days it was
rented (16 days).
Use As Main
Home Before
or After
Renting
For purposes of
determining whether a
dwelling unit was used
as a home, you may not
have to count days you
used the property as
your main home before or
after renting it or
offering it for rent as
days of personal use if:
- You rented
or tried to rent
the property for
12 or more
consecutive
months.
- You rented
or tried to rent
the property for
a period of less
than 12
consecutive
months and the
period ended
because you sold
or exchanged the
property.
This special rule
does not apply when
dividing expenses
between rental and
personal use.
Figuring
Days of Personal
Use
A day of personal use of
a dwelling unit is any day
that the unit is used by any
of the following persons.
- You or any other
person who has an
interest in it,
unless you rent it
to another owner as
his or her main home
under a shared
equity financing
agreement (defined
later).
- A member of your
family or a member
of the family of any
other person who has
an interest in it,
unless the family
member uses the
dwelling unit as his
or her main home and
pays a fair rental
price. Family
includes only
brothers and
sisters,
half-brothers and
half-sisters,
spouses, ancestors
(parents,
grandparents, etc.)
and lineal
descendants
(children,
grandchildren,
etc.).
- Anyone under an
arrangement that
lets you use some
other dwelling unit.
- Anyone at less
than a fair rental
price.
Main
home.
If the other person or
member of the family in
(1) or (2) above has
more than one home, his
or her main home is
ordinarily the one he or
she lived in most of the
time.
Shared
equity financing
agreement.
This is an agreement
under which two or more
persons acquire
undivided interests for
more than 50 years in an
entire dwelling unit,
including the land, and
one or more of the
co-owners is entitled to
occupy the unit as his
or her main home upon
payment of rent to the
other co-owner or
owners.
Donation of use of
property.
You use a dwelling
unit for personal
purposes if:
- You donate
the use of the
unit to a
charitable
organization,
- The
organization
sells the use of
the unit at a
fund-raising
event, and
- The “purchaser”
uses the unit.
The following
examples show how to
determine days of
personal use.
Example 1.
You and your
neighbor are
co-owners of a
condominium at the
beach. You rent the
unit to vacationers
whenever possible.
The unit is not used
as a main home by
anyone. Your
neighbor uses the
unit for 2 weeks
every year.
Because your
neighbor has an
interest in the
unit, both of you
are considered to
have used the unit
for personal
purposes during
those 2 weeks.
Example 2.
You and your
neighbors are
co-owners of a house
under a shared
equity financing
agreement. Your
neighbors live in
the house and pay
you a fair rental
price.
Even though your
neighbors have an
interest in the
house, the days your
neighbors live there
are not counted as
days of personal use
by you. This is
because your
neighbors rent the
house as their main
home under a shared
equity financing
agreement.
Example 3.
You own a rental
property that you
rent to your son.
Your son has no
interest in this
property. He uses it
as his main home. He
pays you a fair
rental price for the
property.
Your son's use of
the property is not
personal use by you
because your son is
using it as his main
home, he has no
interest in the
property, and he is
paying you a fair
rental price.
Example 4.
You rent your
beach house to
Joshua. Joshua rents
his house in the
mountains to you.
You each pay a fair
rental price.
You are using
your house for
personal purposes on
the days that Joshua
uses it because your
house is used by
Joshua under an
arrangement that
allows you to use
his house.
Days Used
for Repairs
and
Maintenance
Any day that you
spend working
substantially full time
repairing and
maintaining your
property is not counted
as a day of personal
use. Do not count such a
day as a day of personal
use even if family
members use the property
for recreational
purposes on the same
day.
If you use a dwelling
unit for both rental and
personal purposes, divide
your expenses between the
rental use and the personal
use based on the number of
days used for each purpose.
You can deduct expenses for
the rental use of the unit
under the rules explained in
How To Figure Rental Income
and Deductions,
later.
When dividing your
expenses follow these rules.
- Any day that the
unit is rented at a
fair rental price is
a day of rental use
even if you used the
unit for personal
purposes that day.
This rule does not
apply when
determining whether
you used the unit as
a home.
- Any day that the
unit is available
for rent but not
actually rented is
not a day of rental
use.
Example.
Your beach cottage
was available for rent
from June 1 through
August 31 (92 days).
Your family uses the
cottage during the last
2 weeks in May (14
days). You were unable
to find a renter for the
first week in August (7
days). The person who
rented the cottage for
July allowed you to use
it over a weekend (2
days) without any
reduction in or refund
of rent. The cottage was
not used at all before
May 17 or after August
31.
You figure the part
of the cottage expenses
to treat as rental
expenses as follows.
- The cottage
was used for
rental a total
of 85 days (92 -
7). The days it
was available
for rent but not
rented (7 days)
are not days of
rental use. The
July weekend (2
days) you used
it is rental use
because you
received a fair
rental price for
the weekend.
- You used the
cottage for
personal
purposes for 14
days (the last 2
weeks in May).
- The total
use of the
cottage was 99
days (14 days
personal use +
85 days rental
use).
- Your rental
expenses are
85/99 (86%) of
the cottage
expenses.
When determining
whether you used the
cottage as a home, the
July weekend (2 days)
you used it is personal
use even though you
received a fair rental
price for the weekend.
Therefore, you had 16
days of personal use and
83 days of rental use
for this purpose.
Because you used the
cottage for personal
purposes more than 14
days and more than 10%
of the days of rental
use (8 days), you used
it as a home. If you
have a net loss, you may
not be able to deduct
all of the rental
expenses. See
Property Used as a
Home in the
following discussion.
How To
Figure Rental
Income and
Deductions
How you figure your
rental income and deductions
depends on whether you used
the dwelling unit as a home
(see
Dwelling Unit Used as
Home, earlier)
and, if you used it as a
home, how many days the
property was rented at a
fair rental price.
Property Not
Used as a
Home
If you do not use a
dwelling unit as a home,
report all the rental
income and deduct all
the rental expenses. See
How To Report Rental
Income and Expenses,
later.
Your deductible
rental expenses can be
more than your gross
rental income. However,
see
Limits on Rental
Losses,
later.
If you use a dwelling
unit as a home during
the year (see
Dwelling Unit Used
as Home,
earlier), how you figure
your rental income and
deductions depends on
how many days the unit
was rented at a fair
rental price.
Rented fewer than 15
days.
If you use a
dwelling unit as a
home and you rent it
fewer than 15 days
during the year, do
not include any
rental income in
your income. Also,
you cannot deduct
any expenses as
rental expenses.
Rented 15 days or
more.
If you use a
dwelling unit as a
home and rent it 15
days or more during
the year, you
include all your
rental income in
your income. See
How To Report
Rental Income and
Expenses,
later. If you
had a net profit
from the rental
property for the
year (that is, if
your rental income
is more than the
total of your rental
expenses, including
depreciation),
deduct all of your
rental expenses.
However, if you had
a net loss, your
deduction for
certain rental
expenses is limited.
Use Worksheet 10-1
to figure your
deductible expenses.
You recover your cost in
income producing property
through yearly tax deductions.
You do this by depreciating the
property; that is, by deducting
some of your cost on your tax
return each year.
Three basic factors determine
how much depreciation you can
deduct. They are: (1) your basis
in the property, (2) the
recovery period for the
property, and (3) the
depreciation method used. You
cannot simply deduct your
mortgage or principal payments,
or the cost of furniture,
fixtures and equipment, as an
expense.
You can deduct depreciation
only on the part of your
property used for rental
purposes. Depreciation reduces
your basis for figuring gain or
loss on a later sale or
exchange.
You may have to use Form
4562 to figure and report your
depreciation. See
How
To Report Rental Income and
Expenses, later.
Claiming
the correct amount of
depreciation.
You should claim the
correct amount of
depreciation each tax year.
Even if you did not claim
depreciation that you were
entitled to deduct, you must
still reduce your basis in
the property by the full
amount of depreciation that
you could have deducted. If
you did not deduct the
correct amount of
depreciation for property in
any year, you may be able to
make a correction for that
year by filing Form 1040X,
Amended U.S Individual
Income Tax Return. If you
are not allowed to make the
correction on an amended
return, you can change your
accounting method to claim
the correct amount of
depreciation. See
Claiming the correct amount
of depreciation
in Publication 527 for more
information.
Changing your accounting
method to deduct unclaimed
depreciation.
To change your accounting
method, you must file Form
3115, Application for Change
in Accounting Method, to get
the consent of the IRS. In
some instances, you can
receive automatic consent.
For more information, see
chapter 1 of Publication
946.
Land.
You can never depreciate
the cost of land because
land does not wear out,
become obsolete, or get used
up. The costs of clearing,
grading, planting, and
landscaping are usually all
part of the cost of land and
cannot be depreciated.
There are three ways to
figure depreciation. The
depreciation method you use
depends on the type of
property and when it was
placed in service. For
property used in rental
activities you use one of
the following.
- MACRS (Modified
Accelerated Cost
Recovery System) for
property placed in
service after 1986.
- ACRS
(Accelerated Cost
Recovery System) for
property placed in
service after 1980
but before 1987.
- Useful lives and
either straight line
or an accelerated
method of
depreciation, such
as the declining
balance method, for
property placed in
service before 1981.
This chapter
discusses MACRS only. If you
need more information about
depreciating property placed
in service before 1987, see
Publication 534.
If you placed property in
service before 2004,
continue to use the same
method of figuring
depreciation that you used
in the past.
Section
179 election.
You cannot claim the
section 179 deduction
for property held to
produce rental income.
See chapter 2 of
Publication 946.
No
deduction greater than
basis.
The total of all your
yearly depreciation
deductions cannot be
more than the cost or
other basis of the
property. For this
purpose, your yearly
depreciation deductions
include any depreciation
that you were allowed to
claim, even if you did
not claim it.
Cooperative apartments.
If you are a
tenant-stockholder in a
cooperative housing
corporation and rent
your cooperative
apartment to others, you
can deduct depreciation
for your stock in the
corporation. Your
depreciation deduction
is your share of the
corporation's
depreciation. See
Cooperative
apartments
in Publication 527 for
information on how to
figure your depreciation
deduction.
Special
Depreciation
Allowance
You can claim a special
depreciation allowance (in
addition to your regular
MACRS depreciation
deduction) for qualified
property you placed in
service in 2004. The
allowance is 50% of the
property's depreciable
basis. You figure the
special depreciation
allowance before you figure
your regular MACRS
deduction.
Electing to claim a
lower or no special
depreciation allowance.
You can elect, for any
class of property, to
deduct the 30% (instead
of 50%) special
allowance for all
property in such class
placed in service during
the tax year. Or, you
can elect not to deduct
any special allowance
for all property in such
class placed in service
during the tax year.
Qualified property.
To qualify for the
special depreciation
allowance, your property
must meet the following
requirements.
- It must be
new property
that is
depreciated
under MACRS with
a recovery
period of 20
years or less.
- It must meet
the following
tests.
-
Acquisition
date
test.
-
Placed-in-service
date
test.
-
Original
use
test.
Acquisition date test.
Generally, you must
have acquired the
property after September
10, 2001 (after May 5,
2003, to be eligible for
the 50% special
depreciation allowance).
Placed-in-service date
test. Generally,
the property must be
placed in service for
use in your trade or
business or for the
production of income
after September 10, 2001
(after May 5, 2003, to
be eligible for the 50%
special depreciation
allowance), and before
January 1, 2005.
Original use test.
The original use of
the property must have
begun with you after
September 10, 2001
(after May 5, 2003, to
be eligible for the 50%
special depreciation
allowance). “ Original
use” means the
first use to which the
property is put, whether
or not by you.
Example.
Dave bought and
placed in service a new
refrigerator ($700) for
one of his residential
rental properties in
2004. Dave notes that
the refrigerator has a
5-year recovery period
(see Table 10-1). Dave's
refrigerator is
qualifying property and
he claims the 50%
special depreciation
allowance.
Dave determines the
total depreciable basis
of the property to be
$700. Next, he
multiplies this amount
by 50% to figure his
special depreciation
allowance deduction of
$350 ($700 × 50%). This
leaves an adjusted basis
of $350 ($700 - $350),
which he will use to
figure his MACRS
deduction.
For more information, see
Special Depreciation
Allowance in
Publication 946.
Most business and
investment property placed
in service after 1986 is
depreciated using MACRS.
MACRS consists of two
systems that determine how
you depreciate your
property—the General
Depreciation System (GDS)
and the Alternative
Depreciation System (ADS).
GDS is used to figure your
depreciation deduction for
property used in most rental
activities, unless you elect
ADS.
To figure your MACRS
deduction, you need to know
the following information
about your property:
- Its recovery
period,
- Its
placed-in-service
date, and
- Its depreciable
basis.
Personal home changed to
rental use.
You must use MACRS to
figure the depreciation
on property you used as
your home and changed to
rental property in 2004.
Excluded property.
You cannot use MACRS
for certain personal
property placed in
service in your rental
property in 2004 if it
had been previously
placed in service before
MACRS became effective.
In addition, you may
elect to exclude certain
property from the
application of MACRS.
See Publication 946 for
more information.
Recovery
Periods
Under GDS
Each item of property
that can be depreciated
is assigned to a
property class. The
recovery period of the
property depends on the
class the property is
in. Under GDS, the
recovery period of an
asset is generally the
same as its property
class. The property
classes under GDS are:
- 3-year
property,
- 5-year
property,
- 7-year
property,
- 10-year
property,
- 15-year
property,
- 20-year
property,
-
Nonresidential
real property,
and
- Residential
rental property.
Recovery periods for
property used in rental
activities are shown in
Table 10-1.
The class to which
property is assigned is
determined by its class
life. Class lives and
recovery periods for
most assets are listed
in
Appendix B
in Publication 946.
Additions or
improvements to
property.
Treat depreciable
additions or
improvements you
make to any property
as separate property
items for
depreciation
purposes. The
recovery period for
an addition or
improvement to
property begins on
the later of:
- The date
the addition
or
improvement
is placed in
service, or
- The date
the property
to which the
addition or
improvement
was made is
placed in
service.
The property class
and recovery period
of the addition or
improvement is the
one that would apply
to the original
property if it were
placed in service at
the same time as the
addition or
improvement.
Example.
You own a
residential
rental house
that you have
been renting
since 1986 and
that you are
depreciating
under ACRS. You
put an addition
onto the house
and you placed
it in service in
2004. You must
use MACRS for
the addition.
Under GDS, the
addition is
depreciated as
residential
rental property
over 27.5 years.
You can begin to
depreciate property when
you place it in service
in your trade or
business or for the
production of income.
Property is considered
placed in service in a
rental activity when it
is ready and available
for a specific use in
that activity.
To deduct the proper
amount of depreciation
each year, you must
first determine your
basis in the property
you intend to
depreciate. The basis
used for figuring
depreciation is your
original basis in the
property increased by
any additions or
improvements made to the
property. Your original
basis is usually your
cost. However, if you
acquire the property in
some other way, such as
by inheriting it,
getting it as a gift, or
building it yourself,
you may have to figure
your original basis in
another way. Other
adjustments could also
affect your basis. See
chapter 14.
Under MACRS,
conventions establish
when the recovery period
begins and ends. The
convention you use
determines the number of
months for which you can
claim depreciation in
the year you place
property in service and
in the year you dispose
of the property.
Mid-month
convention. A
mid-month convention
is used for all
residential rental
property and
nonresidential real
property. Under this
convention, you
treat all property
placed in service,
or disposed of,
during any month as
placed in service,
or disposed of, at
the midpoint of that
month.
Mid-quarter
convention. A
mid-quarter
convention must be
used if the
mid-month convention
does not apply and
the total
depreciable basis of
MACRS property you
placed in service in
the last 3 months of
a tax year
(excluding
nonresidential real
property,
residential rental
property, and
property placed in
service and disposed
of in the same year)
is more than 40% of
the total basis of
all such property
you place in service
during the tax year.
Half-year
convention.
The half-year
convention is used
if neither the
mid-quarter
convention nor the
mid-month convention
applies. Under this
convention, you
treat all property
placed in service,
or disposed of,
during a tax year as
placed in service,
or disposed of, at
the midpoint of that
tax year.
If this convention
applies, you deduct
a half-year of
depreciation for the
first year and the
last year that you
depreciate the
property. You deduct
a full year of
depreciation for any
other year during
the recovery period.
Table
10-1.
MACRS
Recovery
Periods
for
Property
Used
in
Rental
Activities
|
|
MACRS
Recovery
Period
|
|
|
Type
of
Property |
General
Depreciation
System |
Alternative
Depreciation
System
|
|
|
Computers
and
their
peripheral
equipment
|
5
years
|
5
years
|
|
Office
machinery,
such
as:
Typewriters
Calculators
Copiers
|
5
years
|
6
years
|
|
|
Automobiles
|
5
years
|
5
years
|
|
|
Light
trucks
|
5
years
|
5
years
|
|
Appliances,
such
as:
Stoves
Refrigerators
|
5
years
|
9
years
|
|
|
Carpets
|
5
years
|
9
years
|
|
|
Furniture
used
in
rental
property
|
5
years
|
9
years
|
|
Office
furniture
and
equipment,
such
as:
Desks
Files
|
7
years
|
10
years
|
|
Any
property
that
does
not
have
a
class
life
and
that
has
not
been
designated
by
law
as
being
in
any
other
class
|
7
years
|
12
years
|
|
|
Roads
|
15
years
|
20
years
|
|
|
Shrubbery
|
15
years
|
20
years
|
|
|
Fences
|
15
years
|
20
years
|
|
Residential
rental
property
(buildings
or
structures)
and
structural
components
such
as
furnaces,
water
pipes,
venting,
etc.,
|
27.5
years
|
40
years
|
|
|
Additions
and
improvements,
such
as a
new
roof
|
The
same
recovery
period
as
that
of
the
property
to
which
the
addition
or
improvement
is
made,
determined
as
if
the
property
were
placed
in
service
at
the
same
time
as
the
addition
or
improvement.
|
|
Under this
convention, you
treat all property
placed in service,
or disposed of,
during any quarter
of a tax year as
placed in service,
or disposed of, at
the midpoint of the
quarter.
Example.
During the tax
year, Jordan Gregory
purchased the
following items to
use in his rental
property. He elects
not to claim the
special depreciation
allowance, discussed
earlier.
- A
dishwasher
for $400,
that he
placed in
service in
January.
- Used
furniture
for $100,
that he
placed in
service in
September.
- A
refrigerator
for $500,
that he
placed in
service in
October.
Jordan uses the
calendar year as his
tax year. The total
basis of all
property placed in
service in that year
is $1,000. The $500
basis of the
refrigerator placed
in service during
the last 3 months of
his tax year exceeds
$400 (40% × $1,000).
Jordan must use the
mid-quarter
convention instead
of the half-year
convention for all
three items.
MACRS
Depreciation
Under GDS
You can figure your MACRS
depreciation deduction under
GDS in one of two ways. The
deduction is substantially
the same both ways. (The
difference, if any, is
slight.) You can either:
- Use the
percentage from the
optional MACRS
tables, see Table
10-2, or
- Actually figure
the deduction using
the depreciation
method and
convention that
apply over the
recovery period of
the property.
Publication 946 discusses
computing depreciation using
the proper method and
convention.
Table 10-2. Optional
MACRS Tables Table
10-2-A. MACRS 5-Year
property
|
|
Half-year
convention |
Mid-quarter
convention |
|
Year |
|
First
quarter |
Second
quarter |
Third
quarter |
Fourth
quarter |
1
2
3
4
5
6 |
20.00%
32.00
19.20
11.52
11.52
5.76 |
35.00%
26.00
15.60
11.01
11.01
1.38 |
25.00%
30.00
18.00
11.37
11.37
4.26 |
15.00%
34.00
20.40
12.24
11.30
7.06 |
5.00%
38.00
22.80
13.68
10.94
9.58
|
Table 10-2-B. MACRS
7-Year property
|
|
Half-year
convention |
Mid-quarter
convention |
|
Year |
|
First
quarter |
Second
quarter |
Third
quarter |
Fourth
quarter |
1
| | | | | |