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Publication 527
Cat. No. 15052W Contents
Reminder . . . . . . . . . . . . . . . . . . . . . . 1
Department
of the
Treasury Residential Introduction . . . . . . . . . . . . . . . . . . . . . 1
Internal
Revenue
Service
Rental Rental Income . . . . . . . . . . . . . . . . . . .
Rental Expenses . . . . . . . . . . . . . . . . .
2
2
Repairs and Improvements . . . . . . . . 3
Property Other Expenses . . . . . . . . . . . .
Condominiums and Cooperatives
.
.
.
.
.
.
.
.
3
4
Depreciation . . . . . . . . . . . . . . . . . . . . 7
Special Depreciation Allowance . . . . . 9
MACRS . . . . . . . . . . . . . . . . . . . . . 9
MACRS Depreciation Under GDS . . . . 12
Optional Tables . . . . . . . . . . . . . . . . 13
MACRS Depreciation Under ADS . . . . 14
Index . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Reminder
Photographs of missing children. The Inter-
nal Revenue Service is a proud partner with the
National Center for Missing and Exploited Chil-
dren. Photographs of missing children selected
by the Center may appear in this publication on
pages that would otherwise be blank. You can
help bring these children home by looking at the
photographs and calling 1-800-THE-LOST
(1-800-843-5678) if you recognize a child.
Introduction
Get forms and other information This publication discusses rental income and
faster and easier by: expenses, including depreciation, and explains
how to report them on your return. It also covers
Internet • www.irs.gov casualty losses on rental property and the pas-
sive activity and at-risk rules.
FAX • 703–368–9694 (from your fax machine) Sale of rental property. For information on
how to figure and report any gain or loss from
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the sale or other disposition of your rental prop- payment made by your tenant as a rental ex-
erty, get Publication 544, Sales and Other Dis-
positions of Assets.
Rental Income pense.
You generally must include in your gross income Example 2. While you are out of town, the
Sale of main home used as rental property.
all amounts you receive as rent. Rental income furnace in your rental property stops working.
For information on how to figure and report any
is any payment you receive for the use or occu- Your tenant pays for the necessary repairs and
gain or loss from the sale or other disposition of
pation of property. In addition to amounts you deducts the repair bill from the rent payment.
your main home that you also used as rental
receive as normal rent payments, there are Include the repair bill paid by the tenant and any
property, get Publication 523, Selling Your
other amounts, discussed later, that may be amount received as a rent payment in your
Home.
rental income. rental income. You can deduct the repair pay-
Comments and suggestions. We welcome ment made by your tenant as a rental expense.
your comments about this publication and your When to report. When you report rental in-
come on your return depends on whether you Property or services. If you receive property
suggestions for future editions.
are a cash basis taxpayer or use an accrual or services, instead of money, as rent, include
You can write to us at the following address:
method. the fair market value of the property or services
If you are a cash basis taxpayer, you report in your rental income.
Internal Revenue Service
rental income on your return for the year you If the services are provided at an agreed
Individual Forms and Publications Branch
actually or constructively receive it. You are a upon or specified price, that price is the fair
SE:W:CAR:MP:T:I
cash basis taxpayer if you report income in the market value unless there is evidence to the
1111 Constitution Ave. NW, IR-6406
year you receive it, regardless of when it was contrary.
Washington, DC 20224
earned. You constructively receive income
Example. Your tenant is a painter. He offers
We respond to many letters by telephone. when it is made available to you, for example, by
to paint your rental property instead of paying 2
Therefore, it would be helpful if you would in- being credited to your bank account.
months’ rent. You accept his offer.
clude your daytime phone number, including the If you use an accrual method, you generally
Include in your rental income the amount the
area code, in your correspondence. report income when you earn it, rather than
tenant would have paid for 2 months’ rent. You
You can email us at *taxforms@irs.gov. (The when you receive it. You generally deduct your
can deduct that same amount as a rental ex-
asterisk must be included in the address.) expenses when you incur them, rather than
pense for painting your property.
Please put “Publications Comment” on the sub- when you pay them.
ject line. Although we cannot respond individu- For more information about when you con- Lease with option to buy. If the rental agree-
ally to each email, we do appreciate your structively receive income and accrual methods ment gives your tenant the right to buy your
feedback and will consider your comments as of accounting, see Publication 538, Accounting rental property, the payments you receive under
we revise our tax products. Periods and Methods. the agreement are generally rental income. If
your tenant exercises the right to buy the prop-
Tax questions. If you have a tax question, Advance rent. Advance rent is any amount
erty, the payments you receive for the period
visit www.irs.gov or call 1-800-829-1040. We you receive before the period that it covers.
after the date of sale are considered part of the
cannot answer tax questions at either of the Include advance rent in your rental income in the
selling price.
addresses listed above. year you receive it regardless of the period cov-
ered or the method of accounting you use. Rental of property also used as a home. If
Ordering forms and publications. Visit you rent property that you also use as your
www.irs.gov/formspubs to download forms and Example. You sign a 10-year lease to rent home and you rent it fewer than 15 days during
publications, call 1-800-829-3676, or write to your property. In the first year, you receive the tax year, do not include the rent you receive
one of the three addresses shown under How To $5,000 for the first year’s rent and $5,000 as rent in your income and do not deduct rental ex-
Get Tax Help in the back of this publication. for the last year of the lease. You must include penses. However, you can deduct on Schedule
$10,000 in your income in the first year. A (Form 1040) the interest, taxes, and casualty
Useful Items and theft losses that are allowed for nonrental
You may want to see: Security deposits. Do not include a security
property. See Personal Use of Dwelling Unit
deposit in your income when you receive it if you
(Including Vacation Home), later.
Publication plan to return it to your tenant at the end of the
lease. But if you keep part or all of the security Part interest. If you own a part interest in
❏ 463 Travel, Entertainment, Gift, and Car deposit during any year because your tenant rental property, you must report your part of the
Expenses does not live up to the terms of the lease, include rental income from the property.
❏ 534 Depreciating Property Placed in the amount you keep in your income in that year.
Service Before 1987 If an amount called a security deposit is to be
used as a final payment of rent, it is advance
❏ 535 Business Expenses rent. Include it in your income when you receive Rental Expenses
❏ 547 Casualties, Disasters, and Thefts it.
This section discusses expenses of renting
❏ 551 Basis of Assets Payment for canceling a lease. If your tenant
property that you ordinarily can deduct from your
pays you to cancel a lease, the amount you
❏ 925 Passive Activity and At-Risk Rules rental income. It includes information on the
receive is rent. Include the payment in your
expenses you can deduct if you rent a condo-
❏ 946 How To Depreciate Property income in the year you receive it regardless of
minium or cooperative apartment, if you rent
your method of accounting.
part of your property, or if you change your
Form (and Instructions)
Expenses paid by tenant. If your tenant pays property to rental use. Depreciation, which you
❏ 4562 Depreciation and Amortization any of your expenses, the payments are rental can also deduct from your rental income, is
income. You must include them in your income. discussed later under Depreciation.
❏ 5213 Election To Postpone
You can deduct the expenses if they are deduct-
Determination as To Whether the When to deduct. You generally deduct your
ible rental expenses. See Rental Expenses,
Presumption Applies That an rental expenses in the year you pay them.
later, for more information.
Activity Is Engaged in for Profit
Vacant rental property. If you hold property
❏ 8582 Passive Activity Loss Limitations Example 1. Your tenant pays the water and for rental purposes, you may be able to deduct
sewage bill for your rental property and deducts your ordinary and necessary expenses (includ-
❏ Schedule E (Form 1040) Supplemental
it from the normal rent payment. Under the terms ing depreciation) for managing, conserving, or
Income and Loss
of the lease, your tenant does not have to pay maintaining the property while the property is
See How To Get Tax Help at the end of this this bill. Include the utility bill paid by the tenant vacant. However, you cannot deduct any loss of
publication for information about getting these and any amount received as a rent payment in rental income for the period the property is va-
publications and forms. your rental income. You can deduct the utility cant.
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Pre-rental expenses. You can deduct your ing, and replacing broken windows are exam- rental purposes, you can deduct an equal part of
ordinary and necessary expenses for managing, ples of repairs. the cost each year over the term of the lease.
conserving, or maintaining rental property from If you make repairs as part of an extensive
the time you make it available for rent. remodeling or restoration of your property, the Rental of equipment. You can deduct the
whole job is an improvement. rent you pay for equipment that you use for
Depreciation. You can begin to depreciate rental purposes. However, in some cases, lease
rental property when it is ready and available for Improvements. An improvement adds to the contracts are actually purchase contracts. If so,
rent. See Placed-in-Service Date under Depre- value of property, prolongs its useful life, or you cannot deduct these payments. You can
ciation, later. adapts it to new uses. Table 1 shows examples recover the cost of purchased equipment
of many improvements. through depreciation.
Expenses for rental property sold. If you sell
If you make an improvement to property, the
property you held for rental purposes, you can Insurance premiums paid in advance. If you
cost of the improvement must be capitalized.
deduct the ordinary and necessary expenses for pay an insurance premium for more than one
The capitalized cost can generally be depreci-
managing, conserving, or maintaining the prop- year in advance, each year you can deduct the
ated as if the improvement were separate prop-
erty until it is sold. part of the premium payment that will apply to
erty.
that year. You cannot deduct the total premium
Personal use of rental property. If you in the year you pay it.
sometimes use your rental property for personal Other Expenses
purposes, you must divide your expenses be- Local benefit taxes. Generally, you cannot
tween rental and personal use. Also, your rental In addition to depreciation and the cost of re- deduct charges for local benefits that increase
expense deductions may be limited. See Per- pairs, you can deduct the following expenses the value of your property, such as charges for
sonal Use of Dwelling Unit (Including Vacation from your rental income. putting in streets, sidewalks, or water and sewer
Home), later. • Advertising. systems. These charges are nondepreciable
capital expenditures. You must add them to the
Part interest. If you own a part interest in • Cleaning and maintenance. basis of your property. You can deduct local
rental property, you can deduct your part of the
expenses that you paid. • Utilities. benefit taxes if they are for maintaining, repair-
ing, or paying interest charges for the benefits.
• Insurance.
Repairs and Improvements • Taxes.
Interest expense. You can deduct mortgage
interest you pay on your rental property. Chapter
You can deduct the cost of repairs to your rental • Interest. 5 of Publication 535 explains mortgage interest
property. You cannot deduct the cost of im- in detail.
provements. You recover the cost of improve-
• Points.
Expenses paid to obtain a mortgage.
ments by taking depreciation (explained later). • Commissions. Certain expenses you pay to obtain a mortgage
Separate the costs of repairs and im- • Tax return preparation fees. on your rental property cannot be deducted as
provements, and keep accurate rec- interest. These expenses, which include mort-
RECORDS
ords. You will need to know the cost of
• Travel expenses. gage commissions, abstract fees, and recording
improvements when you sell or depreciate your • Rental payments. fees, are capital expenses. However, you can
property. amortize them over the life of the mortgage.
• Local transportation expenses.
Form 1098. If you paid $600 or more of
Repairs. A repair keeps your property in good Some of these expenses are discussed next. mortgage interest on your rental property to any
operating condition. It does not materially add to
one person, you should receive a Form 1098,
the value of your property or substantially pro- Rental payments for property. You can de-
Mortgage Interest Statement, or similar state-
long its life. Repainting your property inside or duct the rent you pay for property that you use
ment showing the interest you paid for the year.
out, fixing gutters or floors, fixing leaks, plaster- for rental purposes. If you buy a leasehold for
If you and at least one other person (other than
your spouse if you file a joint return) were liable
Table 1. Examples of Improvements for, and paid interest on the mortgage, and the
other person received the Form 1098, report
Caution: Work you do (or have done) on your home that does not add much to either
your share of the interest on Schedule E (Form
the value or the life of the property, but rather keeps the property in good condition, is
considered a repair, not an improvement. 1040), line 13. Attach a statement to your return
showing the name and address of the other
Additions Heating & Air Conditioning person. In the left margin of Schedule E, next to
Bedroom Heating system line 13, enter “See attached.”
Bathroom Central air conditioning
Points. The term “points” is often used to
Deck Furnace
Garage Duct work describe some of the charges paid by a bor-
Porch Central humidifier rower to take out a loan or a mortgage. These
Patio Filtration system charges are also called loan origination fees,
maximum loan charges, or premium charges. If
Lawn & Grounds Plumbing any of these charges (points) are solely for the
Landscaping Septic system use of money, they are interest.
Driveway Water heater Points paid when you take out a loan or
Walkway Soft water system mortgage result in original issue discount (OID).
Fence Filtration system In general, the points (OID) are deductible as
Retaining wall interest unless they must be capitalized. How
Sprinkler system Interior Improvements you figure the amount of points (OID) you can
Swimming pool Built-in appliances deduct each year depends on whether or not
Kitchen modernization your total OID, including the OID resulting from
Miscellaneous Flooring the points, is insignificant or de minimis. If the
Storm windows, doors Wall-to-wall carpeting OID is not de minimis, you must use the
New roof constant-yield method to figure how much you
Central vacuum Insulation
can deduct.
Wiring upgrades Attic
Satellite dish Walls, floor De minimis OID. The OID is de minimis if it
Security system Pipes, duct work is less than one-fourth of 1% (.0025) of the
stated redemption price at maturity multiplied by
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the number of full years from the date of original computing the present value of all principal and Tax return preparation. You can deduct, as a
issue to maturity (the term of the loan). interest payments, produces an amount equal to rental expense, the part of tax return preparation
If the OID is de minimis, you can choose one the principal amount of the loan. fees you paid to prepare Schedule E (Form
of the following ways to figure the amount you Qualified stated interest (QSI) is stated inter- 1040), Part I. For example, on your 2004 Sched-
can deduct each year. est that is unconditionally payable in cash or ule E you can deduct fees paid in 2004 to pre-
property (other than another loan of the issuer) pare Part I of your 2003 Schedule E. You can
1. On a constant-yield basis over the term of at least annually over the term of the loan at a also deduct, as a rental expense, any expense
the loan. single fixed rate. you paid to resolve a tax underpayment related
2. On a straight line basis over the term of to your rental activities.
the loan. Example of constant yield. The facts are
the same as in the previous example. The yield Condominiums
3. In proportion to stated interest payments. to maturity on your loan is 10.2467%, com-
4. In its entirety at maturity of the loan. pounded annually. and Cooperatives
You figure the amount of points (OID) you If you rent out a condominium or a cooperative
You make this choice by deducting the OID in a can deduct in 2004 as follows.
manner consistent with the method chosen on apartment, special rules apply. Condominiums
your timely filed tax return for the tax year in are treated differently from cooperatives.
Principal amount of the loan . . . . . $100,000
which the loan is issued. Minus: Points . . . . . . . . . . . . . . 1,500
Issue price of the loan . . . . . . . . . $ 98,500
Example of de minimis amount. On Janu- Multiplied by: YTM . . . . . . . . . . . × .102467
Condominium
ary 1, 2004, you took out a loan for $100,000. Total . . . . . . . . . . . . . . . . . . . . 10,093 If you own a condominium, you own a dwelling
The loan matures on January 1, 2014 (a 10-year Minus: QSI . . . . . . . . . . . . . . . . 10,000 unit in a multi-unit building. You also own a
term), and the stated principal amount of the Points (OID) deductible in 2004 $ 93
loan ($100,000) is payable on that date. An share of the common elements of the structure,
You figure the deduction for 2005 as follows.
interest payment of $10,000 is payable to the such as land, lobbies, elevators, and service
bank on January 2 of each year, beginning on Issue price . . . . . . . . . . . . . . . . $98,500 areas. You and the other condominium owners
January 2, 2005. When the loan was made, you Plus: Points (OID) deducted in 2004 93 may pay dues or assessments to a special cor-
paid $1,500 in points to the bank. The points Adjusted issue price . . . . . . . . . . $98,593 poration that is organized to take care of the
reduced the issue price of the loan from Multiplied by: YTM . . . . . . . . . . . × .102467 common elements.
$100,000 to $98,500, resulting in $1,500 of OID. Total . . . . . . . . . . . . . . . . . . . . 10,103 If you rent your condominium to others, you
You determine that the points (OID) you paid are Minus: QSI . . . . . . . . . . . . . . . . 10,000 can deduct depreciation, repairs, upkeep, dues,
de minimis based on the following computation. Points (OID) deductible in 2005 . . $ 103 interest and taxes, and assessments for the
care of the common parts of the structure. You
Redemption price at maturity Loan or mortgage ends. If your loan or cannot deduct special assessments you pay to a
(principal amount of the loan) . . . . . $100,000 mortgage ends, you may be able to deduct any condominium management corporation for im-
Multiplied by: The term of the loan in remaining points (OID) in the tax year in which provements. But you may be able to recover
complete years . . . . . . . . . . . . . . × 10 the loan or mortgage ends. A loan or mortgage your share of the cost of any improvement by
Multiplied by . . . . . . . . . . . . . . . . × .0025 may end due to a refinancing, prepayment, fore- taking depreciation.
De minimis amount $ 2,500 closure, or similar event. However, if the refi-
nancing is with the same lender, the remaining
The points (OID) you paid ($1,500) are less than
points (OID) generally are not deductible in the Cooperative
the de minimis amount. Therefore, you have de
year in which the refinancing occurs, but may be
minimis OID and you can choose one of the four
deductible over the term of the new mortgage or If you have a cooperative apartment that you
ways discussed earlier to figure the amount you
loan. rent to others, you can usually deduct, as a
can deduct each year. Under the straight line
method, you can deduct $150 each year for 10 rental expense, all the maintenance fees you
Travel expenses. You can deduct the ordi- pay to the cooperative housing corporation.
years. nary and necessary expenses of traveling away However, you cannot deduct a payment
Constant-yield method. If the OID is not de from home if the primary purpose of the trip was earmarked for a capital asset or improvement,
minimis, you must use the constant-yield to collect rental income or to manage, conserve, or otherwise charged to the corporation’s capital
method to figure how much you can deduct each or maintain your rental property. You must prop- account. For example, you cannot deduct a pay-
year. erly allocate your expenses between rental and ment used to pave a community parking lot,
You figure your deduction for the first year in nonrental activities. For information on travel
install a new roof, or pay the principal of the
the following manner. expenses, see chapter 1 of Publication 463.
corporation’s mortgage. You must add the pay-
To deduct travel expenses, you must ment to the basis of your stock in the corpora-
1. Determine the issue price of the loan. Gen-
keep records that follow the rules in tion.
erally, this equals the proceeds of the loan. RECORDS
chapter 5 of Publication 463. Treat as a capital cost the amount you were
If you paid points on the loan, the issue
price generally is the difference between assessed for capital items. This cannot be more
the proceeds and the points. Local transportation expenses. You can de- than the amount by which your payments to the
duct your ordinary and necessary local transpor- corporation exceeded your share of the
2. Multiply the result in (1) by the yield to tation expenses if you incur them to collect rental corporation’s mortgage interest and real estate
maturity. income or to manage, conserve, or maintain taxes.
3. Subtract any qualified stated interest pay- your rental property. Your share of interest and taxes is the
ments from the result in (2). This is the Generally, if you use your personal car, amount the corporation elected to allocate to
OID you can deduct in the first year. pickup truck, or light van for rental activities, you you, if it reasonably reflects those expenses for
can deduct the expenses using one of two meth- your apartment. Otherwise, figure your share in
To figure your deduction in any subsequent
ods: actual expenses or the standard mileage the following way.
year, you start with the adjusted issue price. To
get the adjusted issue price, add to the issue rate. For 2004, the standard mileage rate for all
business miles is 371/2 cents a mile. For more 1. Divide the number of your shares of stock
price any OID previously deducted. Then follow
information, see chapter 4 of Publication 463. by the total number of shares outstanding,
steps (2) and (3) above.
including any shares held by the corpora-
The yield to maturity (YTM) is generally To deduct car expenses under either
tion.
shown in the literature you receive from your method, you must keep records that
lender. If you do not have this information, con- RECORDS
follow the rules in chapter 5 of Publica- 2. Multiply the corporation’s deductible inter-
sult your lender or tax advisor. In general, the tion 463. In addition, you must complete Form est by the number you figured in (1). This
YTM is the discount rate that, when used in 4562, Part V, and attach it to your tax return. is your share of the interest.
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3. Multiply the corporation’s deductible taxes Example. Your tax year is the calendar $540, is a personal expense that you cannot
by the number you figured in (1). This is year. You moved from your home in May and deduct.
your share of the taxes. started renting it out on June 1. You can deduct
as rental expenses seven-twelfths of your yearly
In addition to the maintenance fees paid to
expenses, such as taxes and insurance.
the cooperative housing corporation, you can
deduct your direct payments for repairs, upkeep, Starting with June, you can deduct as rental Personal Use of
and other rental expenses, including interest expenses the amounts you pay for items gener-
paid on a loan used to buy your stock in the ally billed monthly, such as utilities. Dwelling Unit
corporation. The depreciation deduction allowed When figuring depreciation, treat the prop-
for cooperative apartments is discussed later. erty as placed in service on June 1. (Including Vacation
Home)
If you have any personal use of a dwelling unit
Not Rented for Profit Renting Part of (defined later) (including a vacation home) that
you rent, you must divide your expenses be-
If you do not rent your property to make a profit, Property tween rental use and personal use. See Figuring
you can deduct your rental expenses only up to Days of Personal Use and How To Divide Ex-
the amount of your rental income. You cannot If you rent part of your property, you must divide penses, later.
carry forward to the next year any rental ex- certain expenses between the part of the prop-
If you used a dwelling unit for personal pur-
penses that are more than your rental income for erty used for rental purposes and the part of the
poses, it may be considered a “dwelling unit
the year. For more information about the rules property used for personal purposes, as though
used as a home.” If it is, you cannot deduct
for an activity not engaged in for profit, see you actually had two separate pieces of prop-
rental expenses that are more than your rental
chapter 1 of Publication 535. erty.
income for the unit. See Dwelling Unit Used as
You can deduct the expenses related to the Home and How To Figure Rental Income and
Where to report. Report your not-for-profit part of the property used for rental purposes, Deductions, later. If the dwelling unit is not con-
rental income on Form 1040, line 21. You can such as home mortgage interest and real estate sidered a dwelling unit used as a home, you can
include your mortgage interest (if you use the taxes, as rental expenses on Schedule E (Form deduct rental expenses that are more than your
property as your main home or second home), 1040). You can also deduct as a rental expense rental income for the unit, subject to certain
real estate taxes, and casualty losses on the a part of other expenses that normally are non- limits. See Limits on Rental Losses, later.
appropriate lines of Schedule A (Form 1040) if deductible personal expenses, such as ex-
you itemize your deductions. penses for electricity, or painting the outside of Exception for minimal rental use. If you use
Claim your other rental expenses, subject to your house. the dwelling unit as a home and you rent it fewer
the rules explained in chapter 1 of Publication You can deduct the expenses for the part of than 15 days during the year, do not include any
535, as miscellaneous itemized deductions on the property used for personal purposes, subject of the rent in your income and do not deduct any
line 22 of Schedule A (Form 1040). You can to certain limitations, only if you itemize your of the rental expenses. See Dwelling Unit Used
deduct these expenses only if they, together deductions on Schedule A (Form 1040). as Home, later.
with certain other miscellaneous itemized de- You cannot deduct any part of the cost of the
ductions, total more than 2% of your adjusted first phone line even if your tenants have unlim- Dwelling unit. A dwelling unit includes a
gross income. ited use of it. house, apartment, condominium, mobile home,
You do not have to divide the expenses that boat, vacation home, or similar property. A
Postponing decision. If your rental income is dwelling unit has basic living accommodations,
more than your rental expenses for at least 3 belong only to the rental part of your property.
For example, if you paint a room that you rent, or such as sleeping space, a toilet, and cooking
years out of a period of 5 consecutive years, you facilities. A dwelling unit does not include prop-
are presumed to be renting your property to if you pay premiums for liability insurance in
connection with renting a room in your home, erty used solely as a hotel, motel, inn, or similar
make a profit. You may choose to postpone the establishment.
decision of whether the rental is for profit by filing your entire cost is a rental expense. If you install
a second phone line strictly for your tenant’s Property is used solely as a hotel, motel, inn,
Form 5213.
use, all of the cost of the second line is deducti- or similar establishment if it is regularly available
See Publication 535 for more information. for occupancy by paying customers and is not
ble as a rental expense. You can deduct depre-
ciation, discussed later, on the part of the used by an owner as a home during the year.
property used for rental purposes as well as on
the furniture and equipment you use for rental Example. You rent a room in your home
Property Changed purposes. that is always available for short-term occu-
pancy by paying customers. You do not use the
to Rental Use How to divide expenses. If an expense is for room yourself and you allow only paying cus-
both rental use and personal use, such as mort- tomers to use the room. The room is used solely
If you change your home or other property (or a gage interest or heat for the entire house, you as a hotel, motel, inn, or similar establishment
part of it) to rental use at any time other than the must divide the expense between rental use and and is not a dwelling unit.
beginning of your tax year, you must divide personal use. You can use any reasonable
yearly expenses, such as taxes and insurance,
between rental use and personal use.
method for dividing the expense. It may be rea- Dwelling Unit Used as Home
sonable to divide the cost of some items (for
You can deduct as rental expenses only the example, water) based on the number of people The tax treatment of rental income and ex-
part of the expense that is for the part of the year using them. However, the two most common penses for a dwelling unit that you also use for
the property was used or held for rental pur- methods for dividing an expense are one based personal purposes depends on whether you use
poses. on the number of rooms in your home and one it as a home. (See How To Figure Rental Income
For depreciation purposes, treat the property based on the square footage of your home. and Deductions, later).
as being placed in service on the conversion You use a dwelling unit as a home during
date. Example. You rent a room in your house. the tax year if you use it for personal purposes
You cannot deduct depreciation or insur- The room is 12 × 15 feet, or 180 square feet. more than the greater of:
ance for the part of the year the property was Your entire house has 1,800 square feet of floor
held for personal use. However, you can include space. You can deduct as a rental expense 10% 1. 14 days, or
the home mortgage interest and real estate tax of any expense that must be divided between
2. 10% of the total days it is rented to others
expenses for the part of the year the property rental use and personal use. If your heating bill
at a fair rental price.
was held for personal use as an itemized deduc- for the year for the entire house was $600, $60
tion on Schedule A (Form 1040). ($600 × 10%) is a rental expense. The balance, See Figuring Days of Personal Use, later.
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If a dwelling unit is used for personal pur- You figure 10% of the total days rented to others cestors (parents, grandparents, etc.) and
poses on a day it is rented at a fair rental price, at a fair rental price is 16 days. Your family also lineal descendants (children, grandchild-
do not count that day as a day of rental use in used the apartment for 7 other days during the ren, etc.).
applying (2) above. Instead, count it as a day of year.
3. Anyone under an arrangement that lets
personal use in applying both (1) and (2) above. You used the apartment as a home because you use some other dwelling unit.
This rule does not apply when dividing expenses you used it for personal purposes for 17 days.
between rental and personal use. That is more than the greater of 14 days or 10% 4. Anyone at less than a fair rental price.
of the 160 days it was rented (16 days).
Fair rental price. A fair rental price for your
Main home. If the other person or member of
property generally is the amount of rent that a
the family in (1) or (2) above has more than one
person who is not related to you would be willing Use as Main Home home, his or her main home is ordinarily the one
to pay. The rent you charge is not a fair rental Before or After Renting he or she lived in most of the time.
price if it is substantially less than the rents
charged for other properties that are similar to For purposes of determining whether a dwelling Shared equity financing agreement. This is
your property. unit was used as a home, you may not have to an agreement under which two or more persons
Ask yourself the following questions when count days you used the property as your main acquire undivided interests for more than 50
comparing another property with yours. home before or after renting it or offering it for years in an entire dwelling unit, including the
rent as days of personal use. Do not count them
• Is it used for the same purpose?
as days of personal use if:
land, and one or more of the co-owners is enti-
tled to occupy the unit as his or her main home
• Is it approximately the same size? upon payment of rent to the other co-owner or
• You rented or tried to rent the property for
• Is it in approximately the same condition? 12 or more consecutive months.
owners.
• Does it have similar furnishings? • You rented or tried to rent the property for Donation of use of property. You use a
dwelling unit for personal purposes if:
• Is it in a similar location? a period of less than 12 consecutive
months and the period ended because
If any of the answers are no, the properties • You donate the use of the unit to a charita-
you sold or exchanged the property.
probably are not similar. ble organization,
This special rule does not apply when dividing
• The organization sells the use of the unit
Examples expenses between rental and personal use.
at a fund-raising event, and
The following examples show how to determine Example 1. On February 28, you moved out • The “purchaser” uses the unit.
whether you used your rental property as a of the house you had lived in for 6 years be-
home. cause you accepted a job in another town. You
rent your house at a fair rental price from March
Examples
Example 1. You converted the basement of 15 of that year to May 14 of the next year (14 The following examples show how to determine
your home into an apartment with a bedroom, a months). On the following June 1, you move days of personal use.
bathroom, and a small kitchen. You rented the back into your old house.
basement apartment at a fair rental price to The days you used the house as your main Example 1. You and your neighbor are
college students during the regular school year. home from January 1 to February 28 and from co-owners of a condominium at the beach. You
You rented to them on a 9-month lease (273 June 1 to December 31 of the next year are not rent the unit to vacationers whenever possible.
days). You figured 10% of the total days rented counted as days of personal use. The unit is not used as a main home by anyone.
to others at a fair rental price is 27 days. Your neighbor uses the unit for 2 weeks every
During June (30 days), your brothers stayed Example 2. On January 31, you moved out year.
with you and lived in the basement apartment of the condominium where you had lived for 3 Because your neighbor has an interest in the
rent free. years. You offered it for rent at a fair rental price unit, both of you are considered to have used the
Your basement apartment was used as a beginning on February 1. You were unable to unit for personal purposes during those 2
home because you used it for personal pur- rent it until April. On September 15, you sold the weeks.
poses for 30 days. Rent-free use by your broth- condominium.
ers is considered personal use. Your personal The days you used the condominium as your Example 2. You and your neighbors are
use (30 days) is more than the greater of 14 main home from January 1 to January 31 are not co-owners of a house under a shared equity
days or 10% of the total days it was rented (27 counted as days of personal use when deter- financing agreement. Your neighbors live in the
days). mining whether you used it as a home. house and pay you a fair rental price.
Even though your neighbors have an interest
Example 2. You rented the guest bedroom in the house, the days your neighbors live there
in your home at a fair rental price during the local
Figuring Days are not counted as days of personal use by you.
college’s homecoming, commencement, and of Personal Use This is because your neighbors rent the house
football weekends (a total of 27 days). Your as their main home under a shared equity fi-
A day of personal use of a dwelling unit is any
sister-in-law stayed in the room, rent free, for the nancing agreement.
day that the unit is used by any of the following
last 3 weeks (21 days) in July. You figured 10%
persons.
of the total days rented to others at a fair rental Example 3. You own a rental property that
price is 3 days. you rent to your son. Your son has no interest in
1. You or any other person who has an inter-
The room was used as a home because you this property. He uses it as his main home. He
est in it, unless you rent it to another owner
used it for personal purposes for 21 days. That is pays you a fair rental price for the property.
as his or her main home under a shared
more than the greater of 14 days or 10% of the Your son’s use of the property is not personal
equity financing agreement (defined later).
27 days it was rented (3 days). use by you because your son is using it as his
However, see Use as Main Home Before
main home, he has no interest in the property,
or After Renting under Dwelling Unit Used
Example 3. You own a condominium apart- and he is paying you a fair rental price.
As Home, earlier.
ment in a resort area. You rented it at a fair rental
price for a total of 170 days during the year. For 2. A member of your family or a member of Example 4. You rent your beach house to
12 of these days, the tenant was not able to use the family of any other person who has an Rosa. Rosa rents her house in the mountains to
the apartment and allowed you to use it even interest in it, unless the family member you. You each pay a fair rental price.
though you did not refund any of the rent. Your uses the dwelling unit as his or her main You are using your house for personal pur-
family actually used the apartment for 10 of home and pays a fair rental price. Family poses on the days that Rosa uses it because
those days. Therefore, the apartment is treated includes only brothers and sisters, your house is used by Rosa under an arrange-
as having been rented for 160 (170 – 10) days. half-brothers and half-sisters, spouses, an- ment that allows you to use her house.
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Example 5. You rent an apartment to your 2. You used the cottage for personal pur- ject to any limits that apply next year. You can
mother at less than a fair rental price. You are poses for 14 days (the last 2 weeks in deduct the expenses carried over to a year only
using the apartment for personal purposes on May). up to the amount of your rental income for that
the days that your mother rents it because you year, even if you do not use the property as your
3. The total use of the cottage was 99 days
rent it for less than a fair rental price. home for that year.
(14 days personal use + 85 days rental
To figure your deductible rental expenses
use).
and any carryover to next year, use Table 2.
Days Used for 4. Your rental expenses are 85/99 (86%) of
Repairs and Maintenance the cottage expenses.
When determining whether you used the cot-
Any day that you spend working substantially full
tage as a home, the July weekend (2 days) you Depreciation
time repairing and maintaining your property is
used it is personal use even though you re-
not counted as a day of personal use. Do not You recover the cost of income producing prop-
ceived a fair rental price for the weekend. There-
count such a day as a day of personal use even fore, you had 16 days of personal use and 83 erty through yearly tax deductions. You do this
if family members use the property for recrea- days of rental use for this purpose. Because you by depreciating the property; that is, by deduct-
tional purposes on the same day. used the cottage for personal purposes more ing some of the cost on the tax return each year.
than 14 days and more than 10% of the days of Three basic factors determine how much de-
Example. You own a cabin in the mountains rental use (8 days), you used it as a home. If you preciation you can deduct. They are: (1) your
that you rent during the summer. You spend 3 have a net loss, you may not be able to deduct basis in the property, (2) the recovery period for
days at the cabin each May, working full time to all of the rental expenses. See Property Used as the property, and (3) the depreciation method
repair anything that was damaged over the win- a Home in the following discussion. used. You cannot simply deduct your mortgage
ter and get the cabin ready for the summer. You or principal payments, or the cost of furniture,
also spend 3 days each September, working full fixtures and equipment, as an expense.
How To Figure Rental You can deduct depreciation only on the part
time to repair any damage done by renters and
getting the cabin ready for the winter. Income and Deductions of your property used for rental purposes. De-
These 6 days do not count as days of per- preciation reduces your basis for figuring gain or
How you figure your rental income and deduc- loss on a later sale or exchange.
sonal use even if your family uses the cabin tions depends on whether you used the dwelling You may have to use Form 4562 to figure
while you are repairing it. unit as a home (see Dwelling Unit Used as and report your depreciation. See How To Re-
Home, earlier) and, if you used it as a home, port Rental Income and Expenses, later. Also
How To Divide Expenses how many days the property was rented at a fair see Publication 946.
rental price.
If you use a dwelling unit for both rental and Claiming the correct amount of depreciation.
personal purposes, divide your expenses be- You should claim the correct amount of depreci-
tween the rental use and the personal use based Property Not Used as a Home ation each tax year. Even if you did not claim
on the number of days used for each purpose. depreciation that you were entitled to deduct,
You can deduct expenses for the rental use of If you do not use a dwelling unit as a home,
you must still reduce your basis in the property
report all the rental income and deduct all the
the unit under the rules explained in How To by the full amount of depreciation that you could
rental expenses. See How To Report Rental
Figure Rental Income and Deductions, later. have deducted. See Decreases to basis, later,
Income and Expenses, later.
When dividing your expenses, follow these for more information. If you did not deduct the
Your deductible rental expenses can be
rules. correct amount of depreciation for property in
more than your gross rental income. However,
any year, you may be able to make a correction
see Limits on Rental Losses, later.
1. Any day that the unit is rented at a fair for that year by filing Form 1040X, Amended
rental price is a day of rental use even if U.S. Individual Income Tax Return. If you are not
you used the unit for personal purposes Property Used as a Home allowed to make the correction on an amended
that day. This rule does not apply when return, you can change your accounting method
determining whether you used the unit as If you use a dwelling unit as a home during the to claim the correct amount of depreciation. See
a home. year, how you figure your rental income and Changing your accounting method, later.
deductions depends on how many days the unit Filing an amended return. You can file an
2. Any day that the unit is available for rent
was rented at a fair rental price. amended return to correct the amount of depre-
but not actually rented is not a day of
rental use. Rented fewer than 15 days. If you use a ciation claimed for any property in any of the
dwelling unit as a home and you rent it fewer following situations.
Example. Your beach cottage was avail- than 15 days during the year, do not include any • You claimed the incorrect amount be-
rental income in your income. Also, you cannot cause of a mathematical error made in
able for rent from June 1 through August 31 (92
deduct any expenses as rental expenses. any year.
days). Your family uses the cottage during the
last 2 weeks in May (14 days). You were unable Rented 15 days or more. If you use a dwell- • You claimed the incorrect amount be-
to find a renter for the first week in August (7 ing unit as a home and rent it 15 days or more cause of a posting error made in any year.
days). The person who rented the cottage for during the year, you include all your rental in-
July allowed you to use it over a weekend (2 come in your income. See How To Report
• You have not adopted a method of ac-
counting for the property.
days) without any reduction in or refund of rent. Rental Income and Expenses, later. If you had a
The cottage was not used at all before May 17 or net profit from the rental property for the year
If an amended return is allowed, you must file
after August 31. (that is, if your rental income is more than the
it by the later of the following dates.
You figure the part of the cottage expenses total of your rental expenses, including depreci-
to treat as rental expenses by using the following ation), deduct all of your rental expenses. How- • 3 years from the date you filed your origi-
steps. ever, if you had a net loss, your deduction for nal return for the year in which you did not
certain rental expenses is limited. deduct the correct amount. (A return filed
1. The cottage was used for rental a total of early is considered filed on the due date.)
Limit on deductions. If your rental ex-
85 days (92 − 7). The days it was available penses are more than your rental income, you • 2 years from the time you paid your tax for
for rent but not rented (7 days) are not cannot use the excess expenses to offset in- that year.
days of rental use. The July weekend (2 come from other sources. The excess can be
days) you used it is rental use because carried forward to the next year and treated as Changing your accounting method. To
you received a fair rental price for the rental expenses for the same property. Any ex- change your accounting method, you must file
weekend. penses carried forward to next year will be sub- Form 3115, Application for Change in Account-
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Table 2. Worksheet for Figuring the Limit on Rental Deductions for a Dwelling Unit Used as a Home
Use this worksheet only if you answer “yes” to all of the following questions.
● Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as Home.)
● Did you rent the dwelling unit 15 days or more this year?
● Is the total of your rental expenses and depreciation more than your rental income?
Worksheet Instructions of your adjusted gross income figured without mortgage interest. Do not include interest on
your rental income and expenses from the a loan that did not benefit the dwelling unit
Follow these instructions for the worksheet dwelling unit. Enter the rental portion of the (as explained in the line 2a instructions).
above. If you were unable to deduct all your result from Form 4684, line 18, on line 2c of
expenses last year, because of the rental Line 6a. To find the rental portion of excess
this worksheet.
income limit, add these unused amounts to casualty and theft losses, use the Form 4684
your expenses for this year. Note. Do not file this Form 4684 or use it to you prepared for line 2c of this worksheet.
figure your personal losses on Schedule A.
Line 2a. Figure the mortgage interest on the Instead, figure the personal portion on a A. Enter the amount from Form
dwelling unit that you could deduct on separate Form 4684. 4684, line 10
Schedule A (Form 1040) if you had not rented
Line 2d. Enter the total of your rental B. Enter the rental portion of A
the unit. Do not include interest on a loan that
did not benefit the dwelling unit. For example, expenses that are directly related only to the C. Enter the amount from line 2c
do not include interest on a home equity loan rental activity. These include interest on loans of this worksheet
used to pay off credit cards or other personal used for rental activities other than to buy,
loans, buy a car, or pay college tuition. Include build, or improve the dwelling unit. Also D. Subtract C from B. Enter the
interest on a loan used to buy, build, or include rental agency fees, advertising, office result here and on line 6a of this
improve the dwelling unit, or to refinance such supplies, and depreciation on office worksheet
a loan. Enter the rental portion of this interest equipment used in your rental activity.
Allocating the limited deduction. If you
on line 2a of the worksheet. Line 4b. On line 2a, you entered the rental cannot deduct all of the amount on line 4c or
Line 2c. Figure the casualty and theft losses portion of the mortgage interest you could 6c this year, you can allocate the allowable
related to the dwelling unit that you could deduct on Schedule A if you had not rented deduction in any way you wish among the
deduct on Schedule A (Form 1040) if you had the dwelling unit. Enter on line 4b of this expenses included on line 4c or 6c. Enter the
not rented the dwelling unit. To do this, worksheet the rental portion of the mortgage amount you allocate to each expense on the
complete Form 4684, Casualties and Thefts, interest you could not deduct on Schedule A appropriate line of Schedule E, Part I.
Section A, treating the losses as personal because it is more than the limit on home
losses. On Form 4684, line 17, enter 10%
ing Method, to get the consent of the IRS. In • You use the property in your business or Property having a determinable useful life.
some instances, that consent is automatic. For income-producing activity (such as rental To be depreciable, your property must have a
more information, see Changing Your Account- property). determinable useful life. This means that it must
be something that wears out, decays, gets used
ing Method in Publication 946. • The property has a determinable useful up, becomes obsolete, or loses its value from
life.
natural causes.
• The property is expected to last more than Land. You can never depreciate the cost of
What Property Can be Depreciated one year.
land because land does not wear out, become
You can depreciate your property if it meets all • The property is not excepted property obsolete, or get used up. The costs of clearing,
the following requirements. (such as property placed in service and grading, planting, and landscaping are usually
disposed of in the same year and section all part of the cost of land and cannot be depreci-
• You own the property. 197 intangibles). ated.
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Property you own. To claim depreciation, 2001 (after May 5, 2003, to be eligible for the
• MACRS (Modified Accelerated Cost Re- 50% special depreciation allowance).
you usually must be the owner of the property.
covery System) for property placed in
You are considered as owning property even if it
service after 1986. Placed in service date test. Generally, the
is subject to a debt.
• ACRS (Accelerated Cost Recovery Sys- property must be placed in service for use in
Rented property. Generally, if you pay rent your trade or business or for the production of
tem) for property placed in service after
on property, you cannot depreciate that prop- 1980 but before 1987. income after September 10, 2001 (after May 5,
erty. Usually, only the owner can depreciate it. If 2003, to be eligible for the 50% special deprecia-
you make permanent improvements to the prop- • Useful lives and either straight line or an tion allowance), and before January 1, 2005.
erty, you may be able to depreciate the improve- accelerated method of depreciation, such
ments. See Additions or improvements to as the declining balance method, for prop- Original use test. The original use of the
property, later. erty placed in service before 1981. property must have begun with you after Sep-
tember 10, 2001 (after May 5, 2003, to be eligi-
Cooperative apartments. If you are a ble for the 50% special depreciation allowance).
tenant-stockholder in a cooperative housing cor- This publication discusses MACRS
“Original use” means the first use to which the
poration and rent your cooperative apartment to ! only. If you need information about de-
property is put, whether or not by you.
others, you can deduct depreciation for your
CAUTION
preciating property placed in service
stock in the corporation. before 1987, see Publication 534. Example. Dave bought and placed in serv-
Figure your depreciation deduction as fol- If you placed property in service before 2004, ice a new refrigerator ($700) for one of his resi-
lows. continue to use the same method of figuring dential rental properties in 2004. Dave notes
depreciation that you used in the past. that the refrigerator has a 5-year recovery period
1. Figure the depreciation for all the deprecia- Section 179 deduction. You cannot claim the (see Table 3). Dave’s refrigerator is qualifying
ble real property owned by the corporation. section 179 deduction for property held to pro- property and he claims the 50% special depreci-
(Depreciation methods are discussed duce rental income. See chapter 2 of Publication ation allowance.
later.) If you bought your cooperative stock 946. Dave determines the total depreciable basis
after its first offering, figure the depreciable of the property to be $700. Next, he multiplies
basis of this property as follows. Alternative minimum tax. If you use acceler- this amount by 50% to figure his special depreci-
ated depreciation, you may have to file Form ation allowance of $350 ($700 × 50%). This
a. Multiply your cost per share by the total 6251, Alternative Minimum Tax – Individuals. leaves an adjusted basis of $350 ($700 − $350),
number of outstanding shares. Accelerated depreciation can be determined which he will use to figure his MACRS deduc-
under MACRS, ACRS, and any other method tion.
b. Add to the amount figured in (a) any
that allows you to deduct more depreciation than For more information, see Claiming the Spe-
mortgage debt on the property on the
you could deduct using a straight line method. cial Depreciation Allowance (or Liberty Zone De-
date you bought the stock.
preciation Allowance) in Publication 946.
c. Subtract from the amount figured in (b) Special Depreciation
any mortgage debt that is not for the MACRS
depreciable real property, such as the
Allowance
part for the land. You can take a special depreciation allowance Most business and investment property placed
(in addition to your regular MACRS depreciation in service after 1986 is depreciated using
2. Subtract from the amount figured in (1) any deduction) for qualified property you placed in MACRS.
depreciation for space owned by the cor- service in 2004. The allowance is 50% of the MACRS consists of two systems that deter-
poration that can be rented but cannot be property’s depreciable basis. You figure the spe- mine how you depreciate your property — the
lived in by tenant-stockholders. cial depreciation allowance before you figure General Depreciation System (GDS) and the
3. Divide the number of your shares of stock your regular MACRS deduction. Alternative Depreciation System (ADS). GDS is
used to figure your depreciation deduction for
by the total number of shares outstanding, Electing to claim a lower or no special allow- property used in most rental activities, unless
including any shares held by the corpora- ance. You can elect, for any class of property, you elect ADS.
tion. to deduct the 30% (instead of 50%) special al- To figure your MACRS deduction, you need
4. Multiply the result of (2) by the percentage lowance for all property in such class placed in to know the following information about your
you figured in (3). This is your depreciation service during the tax year. Or, you can elect not property:
on the stock. to deduct any special allowance for all property
in such class placed in service during the tax 1. Its recovery period,
Your depreciation deduction for the year year.
cannot be more than the part of your adjusted To make an election, attach a statement to 2. Its placed-in-service date, and
basis (defined later) in the stock of the corpora- your return indicating what election you are 3. Its depreciable basis.
tion that is allocable to your rental property. making and the class of property for which you
See Cooperative apartments under What are making the election. See How Can You Elect Personal home changed to rental use. You
Property Can Be Depreciated? in chapter 1 of Not To Claim an Allowance? in Publication 946 must use MACRS to figure the depreciation on
Publication 946 for more information. for more information. property used as your home and changed to
Qualified property. To qualify for the special rental property in 2004.
No deduction greater than basis. The total depreciation allowance, your property must
of all your yearly depreciation deductions cannot Excluded property. You cannot use MACRS
meet the following requirements.
be more than the cost or other basis of the for certain personal property placed in service in
property. For this purpose, your yearly deprecia- 1. It is new property that is depreciated under your rental property in 2004 if it had been previ-
tion deductions include any depreciation that MACRS with a recovery period of 20 years ously placed in service before MACRS became
you were allowed to claim, even if you did not or less. effective. Generally, personal property is ex-
claim it. cluded from MACRS if you (or a person related
2. It meets the following tests. to you) owned or used it in 1986 or if your tenant
is a person (or someone related to the person)
a. Acquisition date test.
Depreciation Methods who owned or used it in 1986. However, the
b. Placed in service date test. property is not excluded if your 2004 deduction
There are three ways to figure depreciation. The under MACRS (using a half-year convention) is
c. Original use test.
depreciation method you use depends on the less than the deduction you would have under
type of property and when it was placed in serv- ACRS. See Can You Use MACRS To Depreci-
ice. For property used in rental activities you use Acquisition date test. Generally, you must ate Your Property? in Publication 946 for more
one of the following. have acquired the property after September 10, information.
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Table 3. MACRS Recovery Periods for Property Used in Rental Activities The other property classes do not gen-
Office furniture and equipment, such as: 1. The date the addition or improvement is
Desks placed in service, or
Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 years 10 years
Any property that does not have a class life and that has not 2. The date the property to which the addition
been designated by law as being in any other class . . . 7 years 12 years or improvement was made is placed in
service.
Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years
The property class and recovery period of
Shrubbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years
the addition or improvement is the one that
Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 years 20 years
would apply to the original property if it were
Residential rental property (buildings or structures) placed in service at the same time as the addi-
and structural components such as furnaces, tion or improvement.
waterpipes, venting, etc . . . . . . . . . . . . . . . . . . . . . . 27.5 years 40 years
Example. You own a residential rental
Additions and improvements, such as a new roof . . . . . . . . The same recovery period as house that you have been renting since 1986
that of the property to which
and that you are depreciating under ACRS. You
the addition or improvement is
put an addition onto the house and placed it in
made, determined as if the
property were placed in service in 2004. You must use MACRS for the
service at the same time as addition. Under GDS, the addition is depreciated
the addition or improvement. as residential rental property over 27.5 years.
Recovery Periods Under GDS This class also includes appliances, car- Placed-in-Service Date
peting, furniture, etc., used in a residential You can begin to depreciate property when you
Each item of property that can be depreciated is rental real estate activity. place it in service in your trade or business or for
assigned to a property class. The recovery pe- Depreciation on automobiles, certain the production of income. Property is considered
riod of the property depends on the class the computers, and cellular telephones is lim- placed in service in a rental activity when it is
property is in. Under GDS, the recovery period ited. See chapter 5 of Publication 946. ready and available for a specific use in that
of an asset is generally the same as its property
2. 7-year property. This class includes office activity.
class. The property classes under GDS are:
furniture and equipment (desks, files, etc.).
• 3-year property, This class also includes any property that Example 1. On November 22 of last year,
does not have a class life and that has not you purchased a dishwasher for your rental
• 5-year property,
been designated by law as being in any property. The appliance was delivered on De-
• 7-year property, other class. cember 7, but was not installed and ready for
use until January 3 of this year. Because the
• 10-year property, 3. 15-year property. This class includes dishwasher was not ready for use last year, it is
roads and shrubbery (if depreciable).
• 15-year property, not considered placed in service until this year.
4. Residential rental property. This class in- If the appliance had been ready for use when
• 20-year property,
cludes any real property that is a rental it was delivered in December of last year, it
• Nonresidential real property, and building or structure (including a mobile would have been considered placed in service in
home) for which 80% or more of the gross December, even if it was not actually used until
• Residential rental property.
rental income for the tax year is from this year.
dwelling units. It does not include a unit in
The class to which property is assigned is Example 2. On April 6, you purchased a
a hotel, motel, inn, or other establishment
determined by its class life. Class lives and re- house to use as residential rental property. You
where more than half of the units are used
covery periods for most assets are listed in Ap- made extensive repairs to the house and had it
on a transient basis. If you live in any part
pendix B in Publication 946. ready for rent on July 5. You began to advertise
of the building or structure, the gross rental
Under GDS, property that you placed in serv- income includes the fair rental value of the the house for rent in July and actually rented it
ice during 2004 in your rental activities generally part you live in. The recovery period for beginning September 1. The house is consid-
falls into one of the following classes. Also see residential rental property is 27.5 years. ered placed in service in July when it was ready
Table 3. and available for rent. You can begin to depreci-
ate the house in July.
1. 5-year property. This class includes com-
puters and peripheral equipment, office ma- Example 3. You moved from your home in
chinery (typewriters, calculators, copiers, July. During August and September you made
etc.), automobiles, and light trucks. several repairs to the house. On October 1, you
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listed the property for rent with a real estate the property are part of your basis in the prop- You can allocate 85% ($68,000 ÷ $80,000)
company, which rented it on December 1. The erty. These include: of the purchase price to the house and 15%
property is considered placed in service on Oc- ($12,000 ÷ $80,000) of the purchase price to the
tober 1, the date when it was available for rent. • Abstract fees, land.
• Charges for installing utility services, Your basis in the house is $85,000 (85% of
Depreciable Basis • Legal fees, $100,000) and your basis in the land is $15,000
(15% of $100,000).
• Recording fees,
The depreciable basis of property used in a
rental activity is generally its adjusted basis • Surveys,
when you place it in service in that activity. This Basis Other Than Cost
• Transfer taxes,
is its cost or other basis when you acquired it,
There are many times when you cannot use cost
adjusted for certain items occurring before you • Title insurance, and
as a basis. You cannot use cost as a basis for
place it in service in the rental activity.
• Any amounts the seller owes that you property that you received:
If you depreciate your property under agree to pay, such as back taxes or inter-
MACRS, you may also have to reduce your est, recording or mortgage fees, charges • In return for services you performed,
basis by certain deductions and credits with re-
spect to the property, including any special de-
for improvements or repairs, and sales • In an exchange for other property,
commissions.
preciation allowance (discussed earlier). • As a gift,
Basis and adjusted basis are explained in
the following discussions.
Some settlement fees and closing costs you • From your spouse, or from your former
cannot include in your basis in the property are: spouse as the result of a divorce, or
If you used the property for personal
• As an inheritance.
! purposes before changing it to rental 1. Fire insurance premiums,
CAUTION
use, its depreciable basis is the lesser 2. Rent or other charges relating to occu-
of its adjusted basis or its fair market value when If you received property in one of these ways,
pancy of the property before closing, and
you change it to rental use. See Basis of Prop- see Publication 551 for information on how to
erty Changed to Rental Use, later. 3. Charges connected with getting or refi- figure your basis.
nancing a loan, such as:
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The cost of landscaping improvements preciation using the lesser of fair market value or method for one item in a class of property ap-
! is usually treated as an addition to the adjusted basis. plies to all property in that class that is placed in
CAUTION
basis of the land, which is not deprecia- service during the tax year of the election. You
Fair market value. This is the price at which
ble. See What property can be depreciated, ear- make this election on Form 4562. In Part III,
the property would change hands between a
lier. column (f), enter “150 DB.”
buyer and a seller, neither having to buy or sell,
If you use either the 200% or 150% declining
Assessments for local improvements. and both having reasonable knowledge of all the
balance method, you figure your deduction us-
Assessments for items which tend to increase relevant facts. Sales of similar property, on or
ing the straight line method in the first tax year
the value of property, such as streets and side- about the same date, may be helpful in figuring
that the straight line method gives you an equal
walks, must be added to the basis of the prop- the fair market value of the property.
or larger deduction.
erty. For example, if your city installs curbing on Figuring the basis. The basis for deprecia- You can also choose to use the straight line
the street in front of your house, and assesses tion is the lesser of: method with a half-year or mid-quarter conven-
you and your neighbors for the cost of curbing, tion for 5-, 7-, or 15-year property. The choice to
you must add the assessment to the basis of • The fair market value of the property on use the straight line method for one item in a
your property. Also add the cost of legal fees the date you changed it to rental use, or
class of property applies to all property in that
paid to obtain a decrease in an assessment • Your adjusted basis on the date of the class that is placed in service during the tax year
levied against property to pay for local improve- change — that is, your original cost or of the election. You elect the straight line method
ments. You cannot deduct these items as taxes other basis of the property, plus the cost of on Form 4562. In Part III, column (f), enter “S/L.”
or depreciate them. permanent additions or improvements Once you make this election, you cannot
Assessments for maintenance or repair or since you acquired it, minus deductions for change to another method.
meeting interest charges are deductible as any casualty or theft losses claimed on
taxes. Do not add them to your basis in the earlier years’ income tax returns and other Residential rental property. You must use
property. decreases to basis. the straight line method and a mid-month con-
Deducting vs. capitalizing costs. You vention for residential rental property.
cannot add to your basis costs that are deducti- Example. Several years ago you built your
ble as current expenses. However, there are home for $140,000 on a lot that cost you
certain costs you can choose either to deduct or
Declining Balance Method
$14,000. Before changing the property to rental
to capitalize. If you capitalize these costs, in- use last year, you added $28,000 of permanent To figure your MACRS deduction, first deter-
clude them in your basis. If you deduct them, do improvements to the house and claimed a mine your declining balance rate from the table
not include them in your basis. $3,500 deduction for a casualty loss to the below. However, if you elect to use the 150%
The costs you may be able to choose to house. Because land is not depreciable, you can declining balance method for 5- or 7-year prop-
deduct or to capitalize include carrying charges, only include the cost of the house when figuring erty, figure the declining balance rate by dividing
such as interest and taxes, that you must pay to the basis for depreciation. 1.5 (150%) by the recovery period for the prop-
own property. The adjusted basis of the house at the time erty.
For more information about deducting or of the change in use was $164,500 ($140,000 + In the first tax year, multiply the adjusted
capitalizing costs, see chapter 8 in Publication $28,000 − $3,500). basis of the property by the declining balance
535. On the date of the change in use, your prop- rate and apply the appropriate convention to
erty had a fair market value of $168,000, of figure your depreciation. In later years (before
Decreases to basis. You must decrease the which $21,000 was for the land and $147,000 the year you switch to the straight line method),
basis of your property by any items that repre- was for the house. use the following steps to figure your deprecia-
sent a return of your cost. These include: The basis for depreciation on the house is tion.
• The amount of any insurance or other pay- the fair market value at the date of the change
($147,000), because it is less than your adjusted 1. Reduce your adjusted basis by the depre-
ment you receive as the result of a casu-
basis ($164,500). ciation allowable for the earlier years.
alty or theft loss,
2. Multiply the new adjusted basis in (1) by
• Any deductible casualty loss not covered
by insurance,
MACRS Depreciation the same rate used in earlier years.
Under GDS See Conventions, later, for information on de-
• Any amount you receive for granting an
preciation in the year you dispose of property.
easement, You can figure your MACRS depreciation de-
• Any residential energy credit you were al- duction under GDS in one of two ways. The Declining balance rates. The following table
lowed before 1986, if you added the cost deduction is substantially the same both ways. shows the declining balance rate that applies for
of the energy items to the basis of your (The difference, if any, is slight.) You can either: each class of property and the first year for
home, and which the straight line method will give an equal
1. Actually compute the deduction using the
or greater deduction. (The rates for 5- and
• The amount of depreciation you could have depreciation method and convention that
7-year property are based on the 200% declin-
deducted on your tax returns under the apply over the recovery period of the prop-
ing balance method. The rate for 15-year prop-
method of depreciation you selected. If you erty, or
erty is based on the 150% declining balance
took less depreciation than you could have 2. Use the percentage from the optional method.)
under the method you selected, you must MACRS tables, shown later.
decrease the basis by the amount you Class Declining Balance Rate Year
could have taken under that method. If you actually compute the deduction, the de- 5 40% 4th
If you deducted more depreciation than preciation method you use depends on the class 7 28.57% 5th
you should have, you must decrease your of the property. 15 10% 7th
basis by the amount you should have de- 5-, 7-, or 15-year property. For property in the
ducted, plus the part of the excess you 5- or 7-year class, use the 200% declining bal-
deducted that actually lowered your tax lia- ance method and a half-year convention. How-
bility for any year. Straight Line Method
ever, in limited cases you must use the
mid-quarter convention, if it applies. These con- To figure your MACRS deduction under the
Basis of Property ventions are explained later. For property in the straight line method, you must apply a different
Changed to Rental Use 15-year class, use the 150% declining balance depreciation rate to the adjusted basis of your
method and a half-year convention. property for each tax year in the recovery period.
When you change property you held for per- You can also choose to use the 150% declin- In the first year, multiply the adjusted basis of
sonal use to rental use (for example, you rent ing balance method for property in the 5- or the property by the straight line rate. You must
your former home), you figure the basis for de- 7-year class. The choice to use the 150% figure the depreciation for the first year using the
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convention that applies. (See Conventions, Example. During the tax year, Tom Martin table. For the year of the adjustment and for the
later.) purchased the following items to use in his rental remaining recovery period, figure depreciation
property. He elects not to claim the special de- using the property’s adjusted basis at the end of
Straight line rate. For any tax year, figure the preciation allowance, discussed earlier. the year and the appropriate depreciation
method, as explained earlier under MACRS De-
straight line rate by dividing the number 1 by the • A dishwasher for $400 that he placed in preciation Under GDS.
years remaining in the recovery period at the service in January.
beginning of the tax year. When figuring the
number of years remaining, you must take into • Used furniture for $100 that he placed in Tables 4-A, 4-B, and 4-C. The percentages in
account the convention used in the first year. If service in September. these tables take into account the half-year and
mid-quarter conventions. Use Table 4-A for
the remaining recovery period at the beginning • A refrigerator for $500 that he placed in 5-year property, Table 4-B for 7-year property,
of the tax year is less than one year, the straight service in October.
line rate for that tax year is 100%. and Table 4-C for 15-year property. Use the
Tom uses the calendar year as his tax year. The percentage in the second column (half-year con-
Example. You place in service property with total basis of all property placed in service that vention) unless you must use the mid-quarter
a basis of $1,000 and a 5-year recovery period. year is $1,000. The $500 basis of the refrigerator convention (explained earlier). If you must use
You elect not to claim the special depreciation placed in service during the last 3 months of his the mid-quarter convention, use the column that
allowance, discussed earlier. The straight line tax year exceeds $400 (40% × $1,000). Tom corresponds to the calendar year quarter in
rate is 20% (1 divided by 5) for the first tax year. must use the mid-quarter convention instead of which you placed the property in service.
After you apply the half-year convention, the first the half-year convention for all three items.
year rate is 10% (20% divided by 2). Deprecia- Example 1. You purchased a stove and re-
tion for the first year is $100. Half-year convention. The half-year conven- frigerator and placed them in service in June.
At the beginning of the second year, the tion is used if neither the mid-quarter convention Your basis in the stove is $600 and your basis in
remaining recovery period is 41/2 years because nor the mid-month convention applies. Under the refrigerator is $1,000. After figuring the 50%
of the half-year convention. The straight line rate this convention, you treat all property placed in special depreciation allowance, your basis in the
for the second year is 22.22% (1 divided by 4.5). service, or disposed of, during a tax year as stove is $300 and your basis in the refrigerator is
To figure your depreciation deduction for the placed in service, or disposed of, at the midpoint $500. Both are 5-year property. Using the
second year: of that tax year. half-year convention column in Table 4-A, you
If this convention applies, you deduct a find the depreciation percentage for year 1 is
1. Subtract the depreciation taken in the first half-year of depreciation for the first year and the 20%. For that year your depreciation deduction
year ($100) from the basis of the property last year that you depreciate the property. You is $60 ($300 × .20) for the stove and $100 ($500
($1,000), and deduct a full year of depreciation for any other × .20) for the refrigerator.
year during the recovery period. For year 2, you find your depreciation per-
2. Multiply the remaining basis ($900) by
centage is 32%. That year’s depreciation deduc-
22.22%. The depreciation for the second
Optional Tables tion will be $96 ($300 × .32) for the stove and
year is $200.
$160 ($500 × .32) for the refrigerator.
You can use the tables in Table 4 to compute
Residential rental property. In the first year annual depreciation under MACRS. The tables Example 2. Assume the same facts as in
that you claim depreciation for residential rental show the percentages for the first 6 years. See Example 1, except you buy the refrigerator in
property, you can only claim depreciation for the Appendix A of Publication 946 for complete ta- October instead of June. You must use the
number of months the property is in use, and bles. The percentages in Tables 4-A, 4-B, and mid-quarter convention to figure depreciation on
you must use the mid-month convention (ex- 4-C make the change from declining balance to the stove and refrigerator. The refrigerator was
plained under Conventions, next). straight line in the year that straight line will yield placed in service in the last 3 months of the tax
a larger deduction. See Declining Balance year, and its basis ($1,000) is more than 40% of
Method, earlier. the total basis of all property placed in service
Conventions If you elect to use the straight line method for during the year ($1,600 × .40 = $640).
5-, 7-, or 15-year property, or the 150% declining Because you placed the refrigerator in serv-
Under MACRS, conventions establish when the balance method for 5- or 7-year property, use ice in October, you use the fourth quarter col-
recovery period begins and ends. The conven- the tables in Appendix A of Publication 946. umn of Table 4-A and find that the depreciation
tion you use determines the number of months percentage for year 1 is 5%. Your depreciation
for which you can claim depreciation in the year Figure any special depreciation allow-
deduction for the refrigerator (after figuring the
you place property in service and in the year you ! ance on qualified property before using
special depreciation allowance) is $25 ($500 ×
dispose of the property.
CAUTION
Table 4-A, 4-B, and 4-C, or the 5-, 7-,
.05).
or 15-year property tables in Appendix A of Pub-
lication 946. Because you placed the stove in service in
Mid-month convention. A mid-month con- June, you use the second quarter column of
vention is used for all residential rental property Table 4-A and find that the depreciation percent-
How to use the tables. The following section
and nonresidential real property. Under this con- age for year 1 is 25%. For that year, your depre-
explains how to use the optional tables.
vention, you treat all property placed in service, ciation deduction for the stove (after figuring the
Figure the depreciation deduction by multi-
or disposed of, during any month as placed in special depreciation allowance) is $75 ($300 ×
plying your unadjusted basis in the property by
service, or disposed of, at the midpoint of that .25).
the percentage shown in the appropriate table.
month.
Your unadjusted basis is your depreciable basis
without reduction for MACRS depreciation pre- Table 4-D. Use this table for residential rental
Mid-quarter convention. A mid-quarter con- viously claimed. property. Find the row for the month that you
vention must be used if the mid-month conven- Once you begin using an optional table to placed the property in service. Use the percent-
tion does not apply and the total depreciable figure depreciation, you must continue to use it ages listed for that month to figure your depreci-
basis of MACRS property placed in service in for the entire recovery period unless there is an ation deduction. The mid-month convention is
the last 3 months of a tax year (excluding non- adjustment to the basis of your property for a taken into account in the percentages shown in
residential real property, residential rental prop- reason other than: the table.
erty, and property placed in service and
disposed of in the same year) is more than 40% 1. Depreciation allowed or allowable, or Example. You purchased a single family
of the total basis of all such property you place in rental house and placed it in service in February.
2. An addition or improvement that is depreci-
service during the year. Your basis in the house is $160,000. Using Ta-
ated as a separate item of property.
Under this convention, you treat all property ble 4-D, you find that the percentage for property
placed in service, or disposed of, during any If there is an adjustment for any reason other placed in service in February of year 1 is
quarter of a tax year as placed in service, or than (1) or (2) (for example, because of a de- 3.182%. That year’s depreciation deduction is
disposed of, at the midpoint of the quarter. ductible casualty loss) you can no longer use the $5,091 ($160,000 × .03182).
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Table 4. Optional MACRS Tables The election of ADS for one item in a class of
property generally applies to all property in that
Table 4-A. MACRS 5-Year Property class that is placed in service during the tax year
of the election. However, the election applies on
Half-year convention Mid-quarter convention a property-by-property basis for residential
rental property and nonresidential real property.
Year First Second Third Fourth Once you choose to use ADS, you cannot
quarter quarter quarter quarter change your election.
1 20.00% 35.00% 25.00% 15.00% 5.00%
2 32.00 26.00 30.00 34.00 38.00
3 19.20 15.60 18.00 20.40 22.80
4 11.52 11.01 11.37 12.24 13.68 Casualties and Thefts
5 11.52 11.01 11.37 11.30 10.94
6 5.76 1.38 4.26 7.06 9.58 As a result of a casualty or theft, you may have a
loss related to your property. You may be able to
deduct the loss on your income tax return. For
Table 4-B. MACRS 7-Year Property information on casualty and theft losses (busi-
ness and nonbusiness), see Publication 547.
Half-year convention Mid-quarter convention
Casualty. Damage to, destruction of, or loss
Year First Second Third Fourth of property is a casualty if it results from an
quarter quarter quarter quarter identifiable event that is sudden, unexpected, or
unusual.
1 14.29% 25.00% 17.85% 10.71% 3.57%
2 24.49 21.43 23.47 25.51 27.55 Theft. The unlawful taking and removing of
3 17.49 15.31 16.76 18.22 19.68 your money or property with the intent to deprive
4 12.49 10.93 11.97 13.02 14.06 you of it is a theft.
5 8.93 8.75 8.87 9.30 10.04
6 8.92 8.74 8.87 8.85 8.73 Gain from casualty or theft. When you have
a casualty to, or theft of, your property and you
Table 4-C. MACRS 15-Year Property receive money, including insurance, that is more
than your adjusted basis in the property, you
Half-year convention Mid-quarter convention generally must report the gain. However, under
certain circumstances, you may defer paying tax
Year First Second Third Fourth by choosing to postpone reporting the gain. To
quarter quarter quarter quarter do this, you must generally buy replacement
property within 2 years after the close of the first
1 5.00% 8.75% 6.25% 3.75% 1.25% tax year in which any part of your gain is real-
2 9.50 9.13 9.38 9.63 9.88 ized. The cost of the replacement property must
3 8.55 8.21 8.44 8.66 8.89 be equal to or more than the net insurance or
4 7.70 7.39 7.59 7.80 8.00 other payment you received. For more informa-
5 6.93 6.65 6.83 7.02 7.20 tion, see Publication 547.
6 6.23 5.99 6.15 6.31 6.48
How to report. If you had a casualty or theft
Table 4-D. Residential Rental Property (27.5-year) that involved property used in your rental activ-
ity, you figure the net gain or loss in Section B of
Use the row for the month of the taxable year placed in service. Form 4684, Casualties and Thefts. Also, you
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 may have to report the net gain or loss from
Form 4684 on Form 4797, Sales of Business
Jan. 3.485% 3.636% 3.636% 3.636% 3.636% 3.636% Property. (Follow the instructions for Form
Feb. 3.182 3.636 3.636 3.636 3.636 3.636 4684.)
March 2.879 3.636 3.636 3.636 3.636 3.636
Apr. 2.576 3.636 3.636 3.636 3.636 3.636
May 2.273 3.636 3.636 3.636 3.636 3.636
June 1.970 3.636 3.636 3.636 3.636 3.636 Limits on
July 1.667 3.636 3.636 3.636 3.636 3.636
Aug. 1.364 3.636 3.636 3.636 3.636 3.636 Rental Losses
Sept. 1.061 3.636 3.636 3.636 3.636 3.636
Oct. 0.758 3.636 3.636 3.636 3.636 3.636 Rental real estate activities are generally con-
sidered passive activities, and the amount of
Nov. 0.455 3.636 3.636 3.636 3.636 3.636 loss you can deduct is limited. Generally, you
Dec. 0.152 3.636 3.636 3.636 3.636 3.636 cannot deduct losses from rental real estate
activities unless you have income from other
passive activities. However, you may be able to
MACRS Depreciation sidered to have no class life. Under ADS, per- deduct rental losses without regard to whether
sonal property with no class life is depreciated you have income from other passive activities if
Under ADS using a recovery period of 12 years. you “materially” or “actively” participated in your
If you choose, you can use the ADS method for Use the mid-month convention for residential rental activity. See Passive Activity Limits, later.
most property. Under ADS, you use the straight rental property and nonresidential real property. Losses from passive activities are first sub-
line method of depreciation. For all other property, use the half-year or ject to the at-risk rules. At-risk rules limit the
mid-quarter convention. amount of deductible losses from holding most
Table 3 shows the recovery periods for prop-
real property placed in service after 1986.
erty used in rental activities that you depreciate
under ADS. Election. For property placed in service dur- Exception. If your rental losses are less than
See Appendix B in Publication 946 for other ing 2004 you choose to use ADS by entering the $25,000, and you actively participated in the
property. If your property is not listed, it is con- depreciation on Form 4562, Part III, line 20. rental activity, the passive activity limits probably
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do not apply to you. See Losses From Rental Real estate professional. You qualified as a Losses From Rental
Real Estate Activities, later. real estate professional for the tax year if you Real Estate Activities
met both of the following requirements.
Property used as a home. If you used the If you or your spouse actively participated in a
rental property as a home during the year, the 1. More than half of the personal services passive rental real estate activity, you can de-
passive activity rules do not apply to that home. you performed in all trades or businesses duct up to $25,000 of loss from the activity from
Instead, you must follow the rules explained during the tax year were performed in real your nonpassive income. This special allowance
under Personal Use of Dwelling Unit (Including property trades or businesses in which you is an exception to the general rule disallowing
materially participated. losses in excess of income from passive activi-
Vacation Home), earlier.
ties. Similarly, you can offset credits from the
2. You performed more than 750 hours of activity against the tax on up to $25,000 of
At-Risk Rules services during the tax year in real prop- nonpassive income after taking into account any
erty trades or businesses in which you ma- losses allowed under this exception.
The at-risk rules place a limit on the amount you terially participated. If you are married, filing a separate return,
can deduct as losses from activities often de-
Do not count personal services you per- and lived apart from your spouse for the entire
scribed as tax shelters. Losses from holding real
formed as an employee in real property trades or tax year, your special allowance cannot be more
property (other than mineral property) placed in
businesses unless you were a 5% owner of your than $12,500. If you lived with your spouse at
service before 1987 are not subject to the at-risk
employer. You were a 5% owner if you owned any time during the year and are filing a sepa-
rules.
(or are considered to have owned) more than rate return, you cannot use the special allow-
Generally, any loss from an activity subject 5% of your employer’s outstanding stock, or ance to reduce your nonpassive income or tax
to the at-risk rules is allowed only to the extent of capital or profits interest. on nonpassive income.
the total amount you have at risk in the activity at The maximum amount of the special allow-
If you file a joint return, do not count your
the end of the tax year. You are considered at ance is reduced if your modified adjusted gross
spouse’s personal services to determine
risk in an activity to the extent of cash and the income is more than $100,000 ($50,000 if mar-
whether you met the preceding requirements.
adjusted basis of other property you contributed ried filing separately).
However, you can count your spouse’s partici-
to the activity and certain amounts borrowed for
pation in an activity in determining if you materi-
use in the activity. See Publication 925 for more Example. Jane is single and has $40,000 in
ally participated.
information. wages, $2,000 of passive income from a limited
Real property trades or businesses. A partnership, and $3,500 of passive loss from a
Passive Activity Limits real property trade or business is a trade or rental real estate activity in which she actively
business that does any of the following with real participated. $2,000 of Jane’s $3,500 loss off-
In general, all rental activities (except those property. sets her passive income. The remaining $1,500
meeting the exception for real estate profession- loss can be deducted from her $40,000 wages.
als, below) are passive activities. For this pur-
• Develops or redevelops it.
pose, a rental activity is an activity from which • Constructs or reconstructs it. Active participation. You actively partici-
you receive income mainly for the use of tangi- pated in a rental real estate activity if you (and
• Acquires it. your spouse) owned at least 10% of the rental
ble property, rather than for services.
• Converts it. property and you made management decisions
in a significant and bona fide sense. Manage-
Limits on passive activity deductions and • Rents or leases it. ment decisions include approving new tenants,
credits. Deductions for losses from passive
activities are limited. You generally cannot offset • Operates or manages it. deciding on rental terms, approving expendi-
tures, and similar decisions.
income, other than passive income, with losses • Brokers it.
from passive activities. Nor can you offset taxes
on income, other than passive income, with Example. Mike is single and had the follow-
Material participation. Generally, you materi- ing income and losses during the tax year:
credits resulting from passive activities. Any ex-
cess loss or credit is carried forward to the next ally participated in an activity for the tax year if
you were involved in its operations on a regular, Salary . . . . . . . . . . . . . . . . . . . . . $42,300
tax year. Dividends . . . . . . . . . . . . . . . . . . . 300
continuous, and substantial basis during the
For a detailed discussion of these rules, see Interest . . . . . . . . . . . . . . . . . . . . 1,400
year. For more information, see Publication 925.
Publication 925. Rental loss . . . . . . . . . . . . . . . . . . (4,000)
You may have to complete Form 8582 to Participating spouse. If you are married,
determine whether you materially participated in The rental loss resulted from the rental of a
figure the amount of any passive activity loss for
an activity by also counting any participation in house Mike owned. Mike had advertised and
the current tax year for all activities and the
the activity by your spouse during the year. Do rented the house to the current tenant himself.
amount of the passive activity loss allowed on
this even if your spouse owns no interest in the He also collected the rents, which usually came
your tax return. See Form 8582 not required by mail. All repairs were either done or con-
under Losses From Rental Real Estate Activi- activity or files a separate return for the year.
tracted out by Mike.
ties, later, to determine whether you have to Even though the rental loss is a loss from a
complete Form 8582. Choice to treat all interests as one activity.
passive activity, because Mike actively partici-
If you were a real estate professional and had
pated in the rental property management, he
more than one rental real estate interest during
can use the entire $4,000 loss to offset his other
Exception for Real Estate the year, you can choose to treat all the interests
income.
Professionals as one activity. You can make this choice for any
year that you qualify as a real estate profes- Maximum special allowance. If your modi-
Rental activities in which you materially partici- sional. If you forgo making the choice for one fied adjusted gross income is $100,000 or less
pated during the year are not passive activities if year, you can still make it for a later year. ($50,000 or less if married filing separately), you
for that year you were a real estate professional. If you make the choice, it is binding for the can deduct your loss up to $25,000 ($12,500 if
Losses from these activities are not limited by tax year you make it and for any later year that married filing separately). If your modified ad-
the passive activity rules. you are a real estate professional. This is true justed gross income is more than $100,000
For this purpose, each interest you have in a even if you are not a real estate professional in (more than $50,000 if married filing separately),
rental real estate activity is a separate activity, any intervening year. (For that year, the excep- this special allowance is limited to 50% of the
unless you choose to treat all interests in rental tion for real estate professionals will not apply in difference between $150,000 ($75,000 if mar-
real estate activities as one activity. determining whether your activity is subject to ried filing separately) and your modified ad-
If you were a real estate professional for the passive activity rules.) justed gross income.
2004, complete line 43 of Schedule E (Form See the instructions for Schedule E (Form Generally, there is no relief from the passive
1040). 1040) for information about making this choice. activity loss limits if your modified adjusted gross
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income is $150,000 or more ($75,000 or more if ary 1. Eileen charges $750 a month for rent and
married filing separately). How To Report collects it herself. Eileen received a $750 secur-
ity deposit from her tenant. Because she plans
Modified adjusted gross income. This is
your adjusted gross income from Form 1040,
Rental Income to return it to her tenant at the end of the lease,
she does not include it in her income. Her house
line 37, figured without taking into account: and Expenses expenses for the year are as follows:
1. Taxable social security or equivalent tier 1 If you rent buildings, rooms, or apartments, and Mortgage interest . . . . . . . . . . . . . . $1,800
railroad retirement benefits, provide only heat and light, trash collection, etc., Fire insurance (1-year policy) . . . . . . 100
2. Deductible contributions to an IRA or cer- you normally report your rental income and ex- Miscellaneous repairs (after renting) 297
tain other qualified retirement plans, penses on Schedule E (Form 1040), Part I. How- Real estate taxes imposed and paid 1,200
ever, do not use that schedule to report a
3. The exclusion allowed for qualified U.S. not-for-profit activity. See Not Rented For Profit, Eileen must divide the real estate taxes,
savings bond interest used to pay higher earlier. mortgage interest, and fire insurance between
educational expenses, If you provide significant services that are the personal use of the property and the rental
primarily for your tenant’s convenience, such as use of the property. She can deduct
4. The exclusion allowed for employer-pro-
regular cleaning, changing linen, or maid serv- eleven-twelfths of these expenses as rental ex-
vided adoption benefits, penses. She can include the balance of the
ice, you report your rental income and expenses
5. Any passive activity income or loss in- on Schedule C (Form 1040), Profit or Loss From allowable taxes and mortgage interest on
cluded on Form 8582, Business or Schedule C-EZ, Net Profit From Schedule A (Form 1040) if she itemizes. She
Business. Significant services do not include the cannot deduct the balance of the fire insurance
6. Any passive income or loss or any loss
furnishing of heat and light, cleaning of public because it is a personal expense.
allowable by reason of the exception for
areas, trash collection, etc. For information, see Eileen bought this house in 1979 for
real estate professionals discussed earlier, Publication 334, Tax Guide for Small Business $35,000. Her property tax was based on as-
7. Any overall loss from a publicly traded (For Individuals Who Use Schedule C or C-EZ). sessed values of $10,000 for the land and
partnership (see Publicly Traded Partner- You also may have to pay self-employment tax $25,000 for the house. Before changing it to
ships (PTPs) in the instructions for Form on your rental income. See Publication 533, rental property, Eileen added several improve-
8582, Self-Employment Tax. ments to the house. She figures her adjusted
8. The deduction for one-half of self-employ- basis as follows:
ment tax,
Schedule E (Form 1040)
Improvements Cost
9. The deduction allowed for interest on stu- Use Schedule E (Form 1040), Part I, to report House . . . . . . . . . . . . . . . . . . . . . $25,000
dent loans, or your rental income and expenses. List your total Remodeled kitchen . . . . . . . . . . . . 4,200
income, expenses, and depreciation for each Recreation room . . . . . . . . . . . . . . 5,800
10. The deduction for qualified tuition and re- rental property. Be sure to answer the question New roof . . . . . . . . . . . . . . . . . . . 1,600
lated expenses. on line 2. Patio and deck . . . . . . . . . . . . . . . 2,400
If you have more than three rental or royalty Adjusted basis . . . . . . . . . . . . . . . $39,000
properties, complete and attach as many
Form 8582 not required. Do not complete Schedules E as are needed to list the properties. On February 1, when Eileen changed her
Form 8582 if you meet all of the following condi- Complete lines 1 and 2 for each property. How- house to rental property, the property had a fair
tions. ever, fill in the “Totals” column on only one market value of $152,000. Of this amount,
Schedule E. The figures in the “Totals” column $35,000 was for the land and $117,000 was for
1. Your only passive activities were rental on that Schedule E should be the combined the house.
real estate activities in which you actively totals of all Schedules E. Because Eileen’s adjusted basis is less than
participated. Page 2 of Schedule E is used to report in- the fair market value on the date of the change,
come or loss from partnerships, S corporations, Eileen uses $39,000 as her basis for deprecia-
2. Your overall net loss from these activities estates, trusts, and real estate mortgage invest- tion.
is $25,000 or less ($12,500 or less if mar- ment conduits. If you need to use page 2 of Because the house is residential rental prop-
ried filing separately). Schedule E, use page 2 of the same Schedule E erty, she must use the straight line method of
3. You do not have any prior year unallowed you used to enter the combined totals in Part I. depreciation using either the GDS recovery pe-
losses from any passive activities. On Schedule E, page 1, line 20, enter the riod or the ADS recovery period. She chooses
depreciation you are claiming. You must com- the GDS recovery period of 27.5 years.
4. If married filing separately, you lived apart plete and attach Form 4562 for rental activities
from your spouse all year. She uses Table 4-D to find her depreciation
only if you are claiming:
percentage. Because she placed the property in
5. You have no current or prior year unal- • Depreciation on property placed in service service in February, she finds the percentage to
lowed credits from passive activities. during 2004, be 3.182%.
6. Your modified adjusted gross income is • Depreciation on listed property (such as a On April 1, Eileen bought a new dishwasher
$100,000 or less ($50,000 or less if mar- car), regardless of when it was placed in for the rental property at a cost of $425. The
ried filing separately). service, or dishwasher is personal property used in a rental
real estate activity, which has a 5-year recovery
7. You do not hold any interest in a rental real • Any car expenses reported on a form
period. The dishwasher qualifies for the 50%
estate activity as a limited partner or as a other than Schedule C or C-EZ (Form
special depreciation allowance which she
beneficiary of an estate or a trust. 1040) or Form 2106 or Form 2106-EZ.
figures first. Next, she uses the percentage
If you meet all of the conditions listed above, Otherwise, figure your depreciation on your own under “Half-year convention” in Table 4-A to
your rental real estate activities are not limited worksheet. You do not have to attach these figure her MACRS depreciation deduction for
by the passive activity rules and you do not have computations to your return. the dishwasher.
to complete Form 8582. Enter each rental real On May 1, Eileen paid $4,000 to have a
estate loss from line 22 of Schedule E (Form Illustrated Example furnace installed in the house. The furnace is
1040) on line 23 of Schedule E. residential rental property. Because she placed
In January, Eileen Johnson bought a condomin-
If you do not meet all of the conditions listed ium apartment to live in. Instead of selling the the property in service in May, she finds the
above, see the instructions for Form 8582 to find house she had been living in, she decided to percentage from Table 4-D to be 2.273%.
out if you must complete and attach that form to change it to rental property. Eileen selected a Eileen figures her net rental income or loss
your tax return. tenant and started renting the house on Febru- for the house as follows:
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Total rental income received Eileen uses Schedule E (Form 1040), Part I, ation. Eileen’s Schedule E (Form 1040) is
($750 × 11) . . . . . . . . . . . . . $8,250 to report her rental income and expenses. She shown next. Her Form 4562 is not shown. See
Minus: Expenses enters her income, expenses, and depreciation Publication 946 for information on how to pre-
Mortgage interest ($1,800 × for the house in the column for Property A. She pare Form 4562.
11/12) . . . . . . . . . . . . . . . . $1,650
uses Form 4562 to figure and report her depreci-
Fire insurance ($100 × 11/12) 92
Miscellaneous repairs . . . . 297
Real estate taxes ($1,200 ×
11/12) . . . . . . . . . . . . . . . . 1,100
Total expenses . . . . . . . . . 3,139
Balance . . . . . . . . . . . . . . . $5,111
Minus: Depreciation
House ($39,000 × 3.182%) $1,241
Dishwasher – special
allowance ($425 × 50%) . . . 213
Dishwasher ($425 – $213
special allowance) × 20% . . 42
Furnace ($4,000 × 2.273%) 91
Total depreciation . . . . . . . 1,587
Net rental income for house $3,524
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Buy the CD-ROM from National CD-ROM for small busi- tions, and publications needed to mats and browsers that can be run
Technical Information Service nesses. Publication successfully manage a business. on virtually any desktop or laptop
(NTIS) at www.irs.gov/cdorders for 3207, The Small Busi- In addition, the CD provides other computer.
$22 (no handling fee) or call ness Resource Guide, CD-ROM helpful information, such as how to It is available in early April. You
1-877-233-6767 toll free to buy the 2004, is a must for every small prepare a business plan, finding fi- can get a free copy by calling
CD-ROM for $22 (plus a $5 han- business owner or any taxpayer nancing for your business, and 1-800-829-3676 or by visiting
dling fee). The first release is avail- about to start a business. This much more. The design of the CD www.irs.gov/smallbiz.
able in early January and the final handy, interactive CD contains all makes finding information easy
release is available in late Febru- the business tax forms, instruc- and quick and incorporates file for- ■
ary.
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To help us develop a more useful index, please let us know if you have ideas for index entries.
Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
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See How To Get Tax Help for a variety of ways to get publications, including
Tax Publications for Individual Taxpayers by computer, phone, and mail.
General Guides 531 Reporting Tip Income 907 Tax Highlights for Persons with
1 Your Rights as a Taxpayer 533 Self-Employment Tax Disabilities
17 Your Federal Income Tax (For 536 Net Operating Losses (NOLs) for 908 Bankruptcy Tax Guide
Individuals) Individuals, Estates, and Trusts 911 Direct Sellers
334 Tax Guide for Small Business (For 537 Installment Sales 915 Social Security and Equivalent
Individuals Who Use Schedule C or 541 Partnerships Railroad Retirement Benefits
C-EZ) 544 Sales and Other Dispositions of Assets 919 How Do I Adjust My Tax Withholding?
509 Tax Calendars for 2005 547 Casualties, Disasters, and Thefts 925 Passive Activity and At-Risk Rules
553 Highlights of 2004 Tax Changes 550 Investment Income and Expenses 926 Household Employer’s Tax Guide
910 IRS Guide to Free Tax Services 551 Basis of Assets 929 Tax Rules for Children and
552 Recordkeeping for Individuals Dependents
Specialized Publications 936 Home Mortgage Interest Deduction
554 Older Americans’ Tax Guide
3 Armed Forces’ Tax Guide 555 Community Property 946 How To Depreciate Property
54 Tax Guide for U.S. Citizens and 556 Examination of Returns, Appeal Rights, 947 Practice Before the IRS and
Residents Aliens Abroad and Claims for Refund Power of Attorney
225 Farmer’s Tax Guide 559 Survivors, Executors, and 950 Introduction to Estate and Gift Taxes
378 Fuel Tax Credits and Refunds Administrators 967 The IRS Will Figure Your Tax
463 Travel, Entertainment, Gift, and Car 561 Determining the Value of Donated 968 Tax Benefits for Adoption
Expenses Property 969 Health Savings Accounts and Other
501 Exemptions, Standard Deduction, and 564 Mutual Fund Distributions Tax-Favored Health Plans
Filing Information 570 Tax Guide for Individuals With Income 970 Tax Benefits for Education
502 Medical and Dental Expenses (Including From U.S. Possessions 971 Innocent Spouse Relief
the Health Coverage Tax Credit) 571 Tax-Sheltered Annuity Plans (403(b) 972 Child Tax Credit
503 Child and Dependent Care Expenses Plans) 1542 Per Diem Rates
504 Divorced or Separated Individuals 575 Pension and Annuity Income 1544 Reporting Cash Payments of Over
505 Tax Withholding and Estimated Tax 584 Casualty, Disaster, and Theft Loss $10,000 (Received in a Trade or
514 Foreign Tax Credit for Individuals Workbook (Personal-Use Property) Business)
516 U.S. Government Civilian Employees 587 Business Use of Your Home (Including 1546 The Taxpayer Advocate Service—How
Stationed Abroad Use by Daycare Providers) to Get Help With Unresolved Problems
517 Social Security and Other Information 590 Individual Retirement Arrangements
for Members of the Clergy and Spanish Language Publications
(IRAs)
Religious Workers 593 Tax Highlights for U.S. Citizens and 1SP Derechos del Contribuyente
519 U.S. Tax Guide for Aliens Residents Going Abroad 579SP Cómo Preparar la Declaración de
521 Moving Expenses 594 What You Should Know About the IRS Impuesto Federal
523 Selling Your Home Collection Process 594SP Comprendiendo el Proceso de Cobro
524 Credit for the Elderly or the Disabled 595 Tax Highlights for Commercial 596SP Crédito por Ingreso del Trabajo
525 Taxable and Nontaxable Income Fishermen 850 English-Spanish Glossary of Words
526 Charitable Contributions 596 Earned Income Credit (EIC) and Phrases Used in Publications
527 Residential Rental Property 721 Tax Guide to U.S. Civil Service Issued by the Internal Revenue
Retirement Benefits Service
529 Miscellaneous Deductions
901 U.S. Tax Treaties 1544SP Informe de Pagos en Efectivo en
530 Tax Information for First-Time
Exceso de $10,000 (Recibidos en
Homeowners una Ocupación o Negocio)
See How To Get Tax Help for a variety of ways to get forms, including by computer, fax, phone,
Commonly Used Tax Forms and mail. For fax orders only, use the catalog number when ordering.
Catalog Catalog
Form Number and Title Number Form Number and Title Number
1040 U.S. Individual Income Tax Return 11320 2106 Employee Business Expenses 11700
Sch A&B Itemized Deductions & Interest and 11330 2106-EZ Unreimbursed Employee Business 20604
Ordinary Dividends Expenses
Sch C Profit or Loss From Business 11334 2210 Underpayment of Estimated Tax by 11744
Sch C-EZ Net Profit From Business 14374 Individuals, Estates, and Trusts
Sch D Capital Gains and Losses 11338 2441 Child and Dependent Care Expenses 11862
Sch D-1 Continuation Sheet for Schedule D 10424 2848 Power of Attorney and Declaration of 11980
Sch E Supplemental Income and Loss 11344 Representative
Sch EIC Earned Income Credit 13339 3903 Moving Expenses 12490
Sch F Profit or Loss From Farming 4562 Depreciation and Amortization 12906
11346
Sch H Household Employment Taxes 12187 4868 Application for Automatic Extension of Time 13141
Sch J Farm Income Averaging To File U.S. Individual Income Tax Return
25513
4952 Investment Interest Expense Deduction 13177
Sch R Credit for the Elderly or the Disabled 11359
5329 Additional Taxes on Qualified Plans (Including 13329
Sch SE Self-Employment Tax 11358
IRAs) and Other Tax-Favored Accounts
1040A U.S. Individual Income Tax Return 11327
6251 Alternative Minimum Tax—Individuals 13600
Sch 1 Interest and Ordinary Dividends for 12075
Form 1040A Filers 8283 Noncash Charitable Contributions 62299
Sch 2 Child and Dependent Care 10749 8582 Passive Activity Loss Limitations 63704
Expenses for Form 1040A Filers 8606 Nondeductible IRAs 63966
Sch 3 Credit for the Elderly or the 12064 8812 Additional Child Tax Credit 10644
Disabled for Form 1040A Filers 8822 Change of Address 12081
1040EZ Income Tax Return for Single and 11329 8829 Expenses for Business Use of Your Home 13232
Joint Filers With No Dependents 8863 Education Credits 25379
1040-ES Estimated Tax for Individuals 11340 9465 Installment Agreement Request 14842
1040X Amended U.S. Individual Income Tax Return 11360
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