Rental Real Estate and Taxes (2024)

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2023 • July 22, 2024 9:32 AM

OVERVIEW

If you own investment or rental property, TurboTax will help you with deductions, depreciation, and getting your biggest possible refund.

Rental Real Estate and Taxes (5)

Key Takeaways

  • Rental income is typically taxable, and you likely need to report your rental income and any qualifying deductions on Schedule E, Supplemental Income and Loss.
  • You’re generally required to report your rental income on the return for the year you actually receive it, even if it’s credited to your tenant for a different year.
  • If you plan to return security deposits to your tenants, you don’t have to report them as rental income. However, deposits for the last month's rent are taxable when you receive them.
  • You can deduct ordinary and necessary expenses you incur to place your rental property in service, manage it and maintain it, even if the property is temporarily vacant.

When you rent out a house or condo, taxes can be a headache.

Consider this scenario:

After buying a condo and living in it for several years, Sue meets Steve, marries him and moves into his house. Because the rental market in their area is improving, they decide that instead of selling Sue's condo, they could make some money by holding on to it and renting it out. But as first-time landlords, they don't know whether they need to report the rent they receive on their tax return and, if so, whether any of the money they spent to get the condo ready to rent is deductible.

Does this story sound familiar? If so, you're not alone. Taxpayers in similar circ*mstances find themselves asking these questions:

Is rental income taxable?

Yes, rental income is taxable (with few exceptions), but that doesn't mean everything you collect from your tenants is taxable. You're typically allowed to reduce your rental income by subtracting expenses that you incur to get your property ready to rent, and then to maintain it as a rental.

  • You report rental income and expenses on Schedule E, Supplemental Income and Loss.
  • Schedule E is then filed with your Form 1040.

When do I owe taxes on rental income?

In general, you are required to report all income on the return for the year you actually receive it, even though it may be credited to your tenant for a different year.

  • If you receive rent for January 2024 in December 2023, for example, report the rent as income on your 2023 tax return.
  • If you receive a deposit for first and last month's rent, it's taxed as rental income in the year it's received.
  • If you receive goods or services from your tenant in exchange for rent, you must report the value of the goods or services as rental income on your return for the year in which you receive them.
  • You are also required to report income that you have received constructively. This means the funds are available to you even if you haven't taken possession of them. For example, if your renters place their January 2023 checks in your mailbox late in December of 2023, you cannot avoid reporting the rent as 2023 income by simply leaving the checks in your mailbox until January 2024.

Are security deposits taxable?

Security deposits are not included in income when you receive them if you plan to return them to your tenants at the end of the lease. In contrast, deposits for the last month's rent are taxable when you receive them, because they are really rents paid in advance.

What if I pocket some of the security deposit?

If you eventually keep part or all of the security deposit because the tenant does not live up to the terms of the lease, you are required to include that amount as income on your tax return for the year in which the lease terminates. Of course, if you withhold the security deposit to cover damages caused by the tenant, the cost of repairing such damage will be deductible, and offset the income from the forfeited security deposit.

So, you should keep track of the security deposits from year to year. This record-keeping isn't difficult if you only own one rental property, but as the number of rentals you own increases, so does the paperwork.

If I rent out my vacation home, can I still use it myself?


You can rent out your vacation home only for a limited amount of time each year if you want to fully deduct losses on your rental property. To be treated as a rental property for tax-loss purposes, your personal use of the place can't exceed 14 days or 10% of the days the unit is rented during the year, whichever is greater. While 10% may sound like a lot, it really isn't when you figure that a seasonal rental may only be in demand for two or three months each year.

  • If you violate the 14-day/10% rule, you can still deduct expenses associated with the rental, but only to the extent of your rental income.
  • In other words, the property can't produce a net loss that will offset income from other sources.

What can I deduct?

Costs you incur to place the property in service, manage it and maintain it generally are deductible. Even if your rental property is temporarily vacant, the expenses are still deductible while the property is vacant and held out for rent.

Deductible expenses include, but are not limited to:

  • advertising
  • cleaning and maintenance
  • commissions
  • depreciation
  • homeowner association dues and condo fees
  • insurance premiums
  • interest expense
  • local property taxes
  • management fees
  • pest control
  • professional fees
  • rental of equipment
  • rents you paid to others
  • repairs
  • supplies
  • trash removal fees
  • travel expenses
  • utilities
  • yard maintenance

All expenses you deduct have to be ordinary and necessary, and not extravagant. You can deduct the cost of travel to your rental property, if the primary purpose of the trip is to check on the property or perform tasks related to renting or managing the property. If you mix business with pleasure, though, you're required to allocate the travel costs between deductible business expenses and nondeductible personal costs. Be careful not to cheat yourself on the breakdown.

Consider this example:

John, who lives in North Carolina and loves to ski, owns a rental condo in Park City, Utah, which he visits each January to get the place ready for that season's tenants. His travel expenses are deductible if, for example, the primary purpose of his trip is to clean and paint the unit. Let's say that during a five-day visit to the condo, John spends three days cleaning and painting and two days skiing.

Some advisors would say he gets to deduct 60% of his travel costs, since 60% of the time was spent on the business of tending to his rental unit. But following that advice would be a costly mistake.

  • Since the primary purpose of the trip is business, the full cost of transportation to and from Park City is deductible. It's the costs while there that need to be allocated between business and personal expenses.
  • 60% of the cost of a rental car would be deductible, for example, plus the cost of meals during the three business days. (Another tax law restriction limits your deduction for business meals to 50% of the cost.)

Now, if John spent three days skiing and two days working on the condo, none of his travel expenses would likely be deductible, although the direct costs of working on the condo (the cost of paint and cleaning supplies, etc.) would be deductible rental expenses.

To deduct any expense, you need to be able to document the write-off. So, hold on to all receipts, cancelled checks, and bank statements.

To understand more about rental property tax deductions, visit our Rental Property Deductions article.

TurboTax Tip:

Both property improvements and repairs are tax-deductible, but you typically handle them differently. The cost of repairs can be written off in the year you pay them, but improvements generally have to be capitalized and depreciated over several years (by following IRS depreciation tables).

Can I deduct improvements and repairs?

Ah, there's a big difference between improvements and repairs. The cost of property improvements generally has to be capitalized and depreciated over several years (by following IRS depreciation tables) rather than deducted in the year paid. By contrast, the cost of repairs can be written off in the year you pay them.

Improvements are actions that materially add to the value of the property or substantially prolong its life. Examples include:

  • additions to the structure
  • adding a swimming pool
  • installing a water filtration system
  • modernizing a kitchen
  • installing insulation

Repairs, on the other hand, just keep the property in good operating condition. Examples of repairs:

  • painting
  • repairing appliances
  • fixing leaks
  • replacing broken windows or doors

For more information see IRS Topic 414: Rental Income and Expenses.

How do I calculate depreciation?

Depreciation is a deduction taken over several years. You generally depreciate the cost of business property that has a useful life of more than a year, but gradually wears out, or loses its value due to wear and tear, weather damage, etc. To figure out the depreciation on your rental property:

  1. Determine your cost or other tax basis for the property.
  2. Allocate that cost to the different types of property included in your rental (such as land, buildings, remodels).
  3. Calculate depreciation for each property type based on the methods, rates and useful lives specified by the IRS.

1. Determine your cost basis

Your cost basis in the property is generally the amount that you paid for the property (your acquisition cost plus any expenses), including any money you borrowed to buy the place.

If you are converting your property from personal use to rental use, your tax basis in the property is calculated differently. Your basis is the lower of these two:

  • Your acquisition cost
  • The fair market value at the time of conversion from personal to rental use

If the property was given to you or if you inherited it, or if you traded another property for the current property, there are special rules for determining your tax basis in your rental property.

  • If you were given the property, for example, your basis is generally the same as the basis of the generous soul who gave it to you.
  • If you inherited the property, your basis is generally the property's value on the day the previous owner died. (Special rules apply to property inherited from people who died in 2010.)
  • Consult IRS Publication 551: Basis of Assets for more information about these situations.

2. Allocate the cost by type of property

After determining the cost or other cost basis for the rental property as a whole, you need to allocate the basis amount among the various types of property you're renting. Types of property refers to certain components of your rental, such as the land, the building itself, any furniture or appliances you provide with the rental, etc.

  • If your rental is a condo or other property that shares property within a community, you're deemed to own a portion of that property.
  • A portion of the land and a portion of the purchase price need to be allocated to the land on which the building sits.

Why this effort to divide your cost basis between property types? They are each treated differently when depreciating, using different rules and different lives.

3. Calculate the depreciation for each type of property

Here are the most common divisions of tax basis for a rental property, followed by explanations of the different methods of depreciation that generally apply:

Type of PropertyMethod of DepreciationUseful Life in Years
LandNot allowedN/A
Residential rental real estate (buildings or structures and structural components)Straight line27.5
Nonresidential (such as commercial property) rental real estateStraight line39
Shrubbery, fences, etc.150% declining balance15
Furniture or appliances200% declining balance5

Straight-line depreciation

With straight-line depreciation, the cost basis is spread evenly over the tax life of the property. For example:

A residential rental building with a cost basis of $150,000 would generate depreciation of $5,455 per year ($150,000 / 27.5 years).

  • In the year that the rental is first placed in service (rented), your deduction is prorated based on the number of months that the property is rented or held out for rent, with 1/2 month for the first month.
  • If the building in the example above is placed in service in August, you can take a deduction for 4½ months' worth of depreciation, amounting to $2,046 ($5,455 x 4.5/12).

Declining balance depreciation

This kind of depreciation is calculated by multiplying the rate, 150% or 200%, by the straight-line depreciation calculated based on the adjusted balance of the property at the start of the year over the remaining life of the property. To make matters somewhat easier, the IRS and others publish tables of percentages that can be applied to the original cost to determine yearly depreciation.

For instance, here's the 200% declining balance table for five-year property:

YearPercentage
1

20.00

232.00
319.20
411.52
511.52
65.76
Total100%

Example:

The 200% declining balance depreciation on $2,400 worth of furniture used in a rental would be $461 in Year 3 ($2,400 x 19.20%).

Bonus Depreciation:Bonus depreciation has been changed for qualified assets acquired and placed in service after September 27, 2017. The old rules of 50% bonus depreciation still apply for qualified assets acquired before September 28, 2017. These assets had to be purchased new, not used. The new rules allow for 100% bonus "expensing" of assets that are new or used.

The percentage of bonus depreciation phases down in:

  • 2023 to 80%
  • 2024 to 60%
  • 2025 to 40%
  • 2026 to 20%
  • After 2026 there is no further bonus depreciation.

This bonus "expensing" should not be confused with expensing under Code Section 179 which has entirely separate rules.

Taxpayers can make an election to opt out of the new bonus depreciation rules and use 50% bonus first year depreciation per the prior rules for the first tax year ending after September 27, 2017.

Tables for all types of properties can be found in IRS Publication 946: How to Depreciate Property. For general information on depreciation of rentals, see IRS Publication 527: Residential Rental Property.

How do I report a rental activity on my tax return?

As an individual, you report the income and deductions for rental properties on Schedule E: Supplemental Income and Loss. The total income or loss computed on Schedule E carries to page 1 of your Form 1040.

Report the depreciation of rentals on Form 4562: Depreciation and Amortization.

What are passive activities and how do they affect me?

As a general rule, rental properties are, by definition, passive activities and are subject to the passive activity loss rules. These rules are quite complex. In general, the passive activity rules limit your ability to offset other types of income with net passive losses.

But the good news is there is an exception: If you actively participate in a rental real estate activity, you can deduct up to $25,000 of your rental loss even though it’s passive. To actively participate means that you both:

  • own at least 10% of the property
  • make major management decisions, such as approving new tenants, setting rental terms, approving improvements and so forth

But this exception phases out as your income rises.

  • If you have modified Adjusted Gross Income over $100,000, the $25,000 rental real estate exception decreases by $0.50 for every dollar over $100,000.
  • The exception is completely phased out when your modified adjusted gross income reaches $150,000.

Example:

Phil and Mary have modified Adjusted Gross Income of $90,000 and a rental loss for the year of $21,000. They actively participated in the rental. Since their modified Adjusted Gross Income is below the $100,000 phase-out threshold, their entire rental loss is deductible even though it is a passive loss.

  • If their loss had risen to $28,000, they would have been limited to a deductible loss of $25,000 for the year.
  • The nondeductible balance of $3,000 is a passive loss that is carried over to future years until the passive loss tax rules allow it to be deducted.

If you're married and you file a separate tax return from your spouse, and if you lived apart from your spouse at all times during the year, the maximum rental real estate loss exception for you is $12,500, and the exception begins to phase out at modified Adjusted Gross Income of $50,000 instead of $100,000.

If you're married and file separately but you did not live apart from your spouse at all times during the year, the exception for active rental real estate losses is completely disallowed.

To calculate your deductible loss, you may need to complete Form 8582: Passive Activity Loss Limitations according to the IRS instructions.

If you spend considerable time in real estate activities during the year, you may be eligible for a favorable special rule.

For more on passive activities, see Tax Topic 425: Passive Activities-Losses and Credits.

Let a local tax expert matched to your unique situation get your taxes done 100% right with TurboTax Live Full Service. Your expert will uncover industry-specific deductions for more tax breaks and file your taxes for you. Backed by our Full Service Guarantee.

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Rental Real Estate and Taxes (2024)

FAQs

What is the 1 rule for rental property? ›

The 1% rule of real estate investing measures the price of an investment property against the gross income it can generate. For a potential investment to pass the 1% rule, its monthly rent must equal at least 1% of the purchase price.

What is the 2 rule for rental properties? ›

It encourages diversity as a method of risk management. Applied to real estate, the 2% rule advises that for an investment property to have a positive cash flow, the monthly rent should be equal to or greater than two percent of the purchase price.

How to maximize tax return on rental property? ›

Top 18 Landlord Tax Deductions To Maximize Your Profit
  1. 1 – Interest From Your Rental Property Loan. ...
  2. 2 – Depreciation of Rental Property. ...
  3. 3 – Repair & Maintenance Costs. ...
  4. 4 – Property Management Expenses. ...
  5. 5 – Legal & Professional Service Fees. ...
  6. 6 – Rental Property Losses. ...
  7. 7 – Start-Up Costs. ...
  8. 8 – Landlord Insurance.
Jul 8, 2024

Can I move back into my rental and avoid capital gains tax? ›

Can You Move Back Into a Rental to Avoid Capital Gains Tax? Yes, but you need to have owned it for five years and lived in it for two of those five years. The two years do not have to be consecutive, and you can exclude profits up to a certain amount if you sell it.

What is the 50% rule in rental property? ›

The 50 Percent Rule is a shortcut that real estate investors can use to quickly predict the total operating expenses that a rental property investment is likely to generate. To work out a property's monthly operating expenses using the 50 rule, you simply multiply the property 's gross rent income by 50%.

What is the 80 20 rule for rental property? ›

In the realm of real estate investment, the 80/20 rule, or Pareto Principle, is a potent tool for maximizing returns. It posits that a small fraction of actions—typically around 20%—drives a disproportionately large portion of results, often around 80%.

What is a good rule of thumb for rental property? ›

In real estate investing, two commonly referenced guidelines are the 1% rule and the stricter 2% rule. Simply put, these guidelines dictate that a property's gross monthly rent should amount to 1% or 2% of its purchase price respectively.

What is the rule of 72 in rental property? ›

The Rule of 72 is an easy way to calculate how long an investment will take to double in value given a fixed annual rate of interest. Dividing 72 by the annual rate of return gives investors an estimate of how many years it will take for the initial investment to duplicate.

What is the 4 3 2 1 rule in real estate? ›

Analyzing the 4-3-2-1 Rule in Real Estate

This rule outlines the ideal financial outcomes for a rental property. It suggests that for every rental property, investors should aim for a minimum of 4 properties to achieve financial stability, 3 of those properties should be debt-free, generating consistent income.

What expenses can you deduct from rental income? ›

What deductions can I take as an owner of rental property? If you receive rental income from the rental of a dwelling unit, there are certain rental expenses you may deduct on your tax return. These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs.

What is not deductible as a rental expense? ›

If market rate rent is not received, then this lost income and associated time is not deductible against rental earnings. Expenses for improvements and upgrades to the property also generally cannot be deducted and instead must be capitalized. This includes things like: Adding or renovating rooms.

How does the IRS know if I have rental income? ›

The Internal Revenue Service (IRS) employs a multifaceted approach to identify rental income, like utilizing audits, data matching, access to public and governmental records, advanced technology for pattern recognition, and information from property management companies.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

Use a 1031 exchange for real estate

Internal Revenue Code section 1031 provides a way to defer the capital gains tax on the profit you make on the sale of a rental property by rolling the proceeds of the sale into a new property.

At what age do you not pay capital gains? ›

Since there is no age exemption to capital gains taxes, it's crucial to understand the difference between short-term and long-term capital gains so you can manage your tax planning in retirement.

What happens when you sell a fully depreciated rental property? ›

Depreciation is a valuable deduction for rental property owners since it helps offset natural wear and tear or damages that happen over time. However, if you plan on selling the property, depreciation that's been taken out must be recaptured and paid back to the government.

What is the 1% rule when leasing? ›

It's a common rule of thumb to adhere to the 1% rule. This rule dictates finding a monthly lease payment equivalent to 1% of the car's purchase price. For example, a $60,000 car would be a steal if you leased it for $600 monthly. You cannot negotiate acquisition fees, residual value, registration costs, or sales tax.

Is the 1% rent rule realistic? ›

Is The 1% Rule Realistic? Many people find the 1% rule helpful, but there are some shortcomings with using this strategy. For one thing, properties that fail to meet the 1% rule are not necessarily bad investments. And likewise, properties that do meet the 1% rule are not automatically good investments either.

Is the 2% rule outdated? ›

This rule of thumb uses the same idea as the 1 percent rule. However, The 2 percent rule suggests that a rental property is a good investment if the money from rent each month is equal to or higher than 2% of the purchase price. How useful is the 2% rule? These days, it's almost completely obsolete and rarely used.

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