Sale or Trade of Business, Depreciation, Rentals
This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
11.3 Sale or Trade of Business, Depreciation, Rentals: Personal Use of Business Property (Condo, Timeshare, etc.)
I received income for renting out my timeshare for a week. I understand
that I don't have to report income from any rental less than 15 days, but
the property management company reported that income to the IRS. Do I have
to report it when I file?
If you use the dwelling unit as a home (based on degree of personal use)
and you rent it for 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. If
you do not meet the tests for using your timeshare as your home, the income
is reportable on Form 1040, Schedule E (PDF), Supplemental
Income and Loss.
References:
I rent my home out for two weeks each year. Do I have to show the
income on my return?
You must first consider if you use your dwelling as home. You are considered
to use a home as a dwelling if you use it for personal purposes during the
tax year for more than the greater of 14 days or 10% of the total days it
is rented to others at a fair rental price. It is possible that you will use
more than one dwelling unit as a home during the year. For example, if you
live in your main home for 11 months and in your vacation home for 30 days,
your home is a dwelling unit and your vacation home is also a dwelling unit,
unless you rent your vacation home to others at a fair rental value for more
than 300 days during the year.
There is a special rule if you use a dwelling as a home and rent it for
fewer than 15 days. In this case, do not report any of the rental income and
do not deduct any expenses as rental expenses. If you itemize your deduction
on Form 1040, Schedule A (PDF), Itemized
Deductions , you may be able to deduct mortgage interest, property taxes,
and any casualty losses. For additional information, refer to Tax Topic 415, Renting
Vacation Property/Renting to Relatives and Publication 527 , Residential
Rental Property (including Rental of Vacation Homes) .
References:
I am renting a house to my son and daughter-in-law. Can I claim
rental expenses?
In general, if you receive income from the rental of a dwelling unit, such
as a house, apartment, or duplex, there are certain expenses you may deduct.
Besides knowing which expenses may be deductible, it is important to understand
potential limitations on the amounts of rental expenses that may be deducted
in a tax year.
There are several types of limitations that may apply.
Passive Activity losses : In general, you can deduct
passive activity losses only from passive activity income (a limit on loss
deductions). You carry any excess loss forward to the following year or years
until used, or until deducted in the year you dispose of your entire interest
in the activity in a fully taxable transaction. There are several exceptions
that may apply to the passive activity limitations. Refer toPublication 527 , Residential Rental Property andPublication 925 , Passive Activity and At-Risk Rules .
At risk rules: The at-risk rules limit your losses
from most activities to your amount at risk in the activity. You treat any
loss that is disallowed because of the at-risk limits as a deduction from
the same activity in the next tax year. If your losses from an at-risk activity
are allowed, they are subject to recapture in later years if your amount at
risk is reduced below zero. Refer to Publication 925 , Passive
Activity and At-Risk Rules.
Not for profit activities: 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. Any rental expenses in excess of rental
income cannot be carried forward to the next year. Refer to Publication 527 , Residential Rental Property and Publication 535 , Business Expenses .
Rental of a dwelling unit: The tax treatment of
rental income and expenses for a dwelling unit that you also use for personal
purposes (renting to a relative may be considered personal use even if they
are paying you rent) depends on whether you use it as a home. Refer to Publication 527 , Residential Rental Property .
Expenses in connection with rental of a dwelling unit
for less than 15 days per year . Refer to Publication 527 , Residential
Rental Property .
References:
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