Saturday, June 7, 2014

What are the Tax Advantages of Rental Properties?

Mark Ferguson for InvestFourMore writes:  Rental properties are a great investment thanks to the cash flow they produce.  Not only does a great rental property provide plenty of cash flow, but rental properties have incredible tax advantages.  The IRSs allows most expenses associated with rental properties to be deductible or to be depreciated and you can depreciate the property as well.   It is very common for a rental property to produce a profit, but thanks to depreciation show a loss on your taxes.
For more information on why I think rental properties are such a great investment check out my complete guide to purchasing long-term rentals.

I am not a tax professional!

This article is meant to offer a broad overview of the tax advantages of rental properties, not specific advice.  I am not an accountant or an attorney and if you are looking for tax advice please talk to a tax professional.  This article gets much of its information from the IRS tax code on rental properties.

Can interest on a mortgage be tax deductible on rental properties?

The interest you pay on a rental property can be a deduction on your tax return.  Your entire payment cannot be deducted, because part of your payment is equity pay down which is not deductible.  Paying down equity is not considered a business expense, since the money is not spent on repairs or maintenance, but used to reduce debt.
There is talk of the IRS eliminating the interest on mortgages as a deduction for primary home owners.  However That probably will not affect rental property owners because the interest is thought of as a business expense, not a special deduction.

How does the IRS treat depreciation on rental properties?

The IRS treats rental property as an asset that can be depreciated.  They assume the rental property will slowly degrade over time until it falls down and is worthless.  Most properties are not going to fall into a pile of rubble unless they are not maintained, but the IRS does, which is very good for rental property owners.
The IRS says a house will last 27.5 years, which means an investor can deduct the cost basis of the rental property in equal increments over 27.5 years.  To calculate the amount that can be depreciated; divide the cost basis by 27.5 and that is your deduction for the next 27.5 years.

What does the IRS consider the cost basis on a rental property?

The cost basis is the cost of the rental property and only includes the structure of a rental property, not the land.  If you buy a rental property for $100,000 that is on its own lot, the entire $100,000 is not the cost basis.  You have to deduct the value of the land from the purchase price and then you have the starting point for your cost basis.  You can also add many of the closing costs like abstract, title, recording and other fees to the cost basis.  The entire list can be found on the IRS website.

Depreciation is what allows a rental property to show a loss, even though it may have made you money

If I am bringing $3,000 of rental income on a property after all expenses, I get to use that $3,000 however I want.  However it most likely will not show up as $3,000 in taxable income because of depreciation.  If the cost basis of my rental property is $100,000 then the depreciation would be $3,636 a year for 27.5 years.  The $3,636 would counteract all the income I made, plus show a loss of $636!  Even though I have $3,000 more in my pocket due to my rental property, I pay no taxes on that money and may even be able to counter other income with that loss.

What is the disadvantage of depreciating a Rental property?

If you depreciate a rental property over 20 years and sell the home; you will have a large tax bill from the IRS.  The depreciation on rental properties can be recaptured, which means you have to pay back all those taxes you saved with the depreciation deduction.   The depreciation is only recaptured if you sell the asset and for at least the amount of your cost basis minus the depreciation.
Even though you have to pay back those tax savings it is still better to pay those taxes 20 years down the road instead of now.  With inflation, money is worth less in the future and you can also invest that money for 20 years until you have to give it back to Uncle Sam.  It is like a no interest loan from our government!  There are also many ways to avoid depreciation recapture.

How do you avoid depreciation recapture on rental properties?

  • The easiest way to avoid paying back the tax savings is to keep the rental property and never sell it.  After 27.5 years you won’t be able to use the depreciation tax break anymore, but you also won’t have to pay back any of the previous tax savings.
  • Another way to avoid the depreciation recapture is to use a 1031 exchange.  If you sell your rental property, the IRS allows you to exchange that property for a similar property without having to recapture any depreciation.  Here is much more information on 1031 exchanges.
  • If you happen to pass away while you own your rental properties; the properties will pass on to your heirs.  When your heirs inherit the properties the cost basis becomes the current value of the properties, not what the original owners cost basis was.  That means there will be no depreciation recapture.  Planning to hold your rental properties until you die, is not a bad strategy tax wise.

What other expenses can be deductible on rental properties?

Not every expense on rental properties is deductible, but many are.  Since rental properties are considered a business; travel expenses, accounting fees, management and many more expenses are debatable.
If you make repairs on your rental properties they are deductible as well, but improvements are not.  If you repair a leaky faucet that is deductible, but if you add-on a second story it is considered an improvement and not deductible.
For more information on why I think rental properties are such an awesome investment, check out my book How to Retire Rich and Early with Real Estate.  The book is available as at Amazon or as a PDF here

How are improvements calculated on tax returns?

Even though improvements are not deductible, that does not mean you can’t count them on your taxes.  Improvements can be depreciated like the rental property itself.  There are different amounts of time that improvements are depreciated over, ranging from 3 to 20 years.  You won’t have to wait 27.5 years to see the full tax benefit of most improvements.

Are there maximum amounts that can be deducted?

The IRS has different rules for those considered in the real estate business and those that are not.  If you spend more than half your time on rental properties you are considered in the rental property business.  If you are in the business there is no limit to the deduction or losses you can take on your rental properties.
If you are not in the rental property business you can take a maximum $25,000 loss depending on how much money you make.  The more money you make the less of a loss you can count towards your other income.  The deductions and depreciation will still counteract the money you make on the rental properties, but it might not help reduce your regular income taxes.

Conclusion

Rental properties are an awesome investment and a great way to retire thanks to the cash flow they produce.  The tax savings are an amazing benefit that make rental properties an even better investment.  I would always consult a tax professional for any specific tax questions or when trying to figure out what can and cannot be deducted or depreciated.

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