REI Tax Advantages Clarifications

REI Tax Advantages Clarifications

Member since 2021 · 1 post · 1 vote

I have read and listened to numerous discussions about the tax advantages in the world of real estate investing, but I have two questions that I haven't gotten a great answer to. Maybe some more experienced investors out there can clarify for me:

1) I constantly hear about Depreciation as a tax advantage. I understand how that works--and how it can be helpful in each individual tax year, but I never hear anyone talk about the reality of Depreciation Recapture. Doesn't the Recapture essentially reverse the benefits we've had each year with Depreciation?

2) This last tax season was our first since buying our first rental property. I expected to get all sorts of deductions, but was told that because we make too much money we cannot claim deductions on our rental investments this year. It was explained that the deductions WILL defer to a future year when our income falls below the IRS limit (I think it was $120,000 in net income or something around there--I can't recall now the exact figure.) Does that mean that the only investors out there who are getting to deduct rental expenses are all making less than $120K each year?

Thanks in advance for any clarification on these two topics!

-Mark

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Ashish AcharyaBusiness Member
CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
4y

Both of them are incorrect. 

- Depreciation recapture can be managed

- Everyone can claim the deduction. The losses created by the deduction might be limited and can be used later. You don't lose it. 

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  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    4y

    Both of them are incorrect. 

    - Depreciation recapture can be managed

    - Everyone can claim the deduction. The losses created by the deduction might be limited and can be used later. You don't lose it. 

    INVESTOR FRIENDLY CPA®5241 Reviews
    TaxMD™ | AI-Powered Tax Planning
  • NY · Member since 2021 · 143 posts · 45 votes
    4y

    Let's assume depreciation recapture reverses the benefits you've taken before entirely. One benefit I see here is an interest free loan from the IRS. Let's say you saved $50k in taxes due to depreciation. Doesn't that mean you have $50k of capital at your disposal to invest in other income producing assets? By the time you sell the rental and recapture the $50k maybe 10 years down the road, you're paying $50k in tax but how much did that tax saving earn in the past 10 years? There's a lot of factors that can skew everything here but I think the idea is tax savings now means more money now even if you have to return some or all one day.

  • Metro NY + New Bedford · Member since 2022 · 294 posts · 216 votes
    4y

    Here's the Big Picture, and it explains why real estate has tax advantages.  When you buy a property with less than 100% cash, you are effectively depreciating debt.  

    Put 20% down in cash, and borrow 80%.  Bingo, you are depreciating debt.  

    If not for that magic, most properties could not be held, as they frequently have negative cash flow.  The depreciation contributes to the overall tax loss, which offsets your other income, meaning less tax.  It helps you carry the property during hard times.

    Yes, there is recapture of depreciation, but if the depreciable life is SL 27.5 years, the recapture is at a special 25% cap gain rate.  And your property did increase in value [we hope].  Don't lose sleep over recapture.  I never heard of anyone backing away from a real estate investment because he fretted over recapture.

    Here's some fun reading:  What is Depreciation Recapture?

    As for deferral of passive losses, Mr. Acharya is correct.

  • Real Estate Consultant · Denver, CO · Member since 2021 · 661 posts · 389 votes
    4y


    @Eddie L. @Mark Barnes  As long as you hold a property for at least 2 years, recapture is a non-issue. The property appreciates and what you depreciated is no longer worth what it was when you purchased the property...think carpet. Any good CPA can justify a lower value on the certain items upon a sale. The recapture rate is at your ordinary income rate and not at the capital gains rate. The benefits of doing a cost segregation study is all about cash flow and the time value of money. Why not take that cash flow that results from accelerated depreciation and reinvest it in another property? If you make even an 8% return on the reinvestment, you are ahead of the game. The higher your tax rate, the better the benefit! 

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    4y

    There can be planning around depreciation recapture.
    I.E. Doing a 1031 exchange to defer the gain.
    Furthermore, if you have losses that net the gain, then there is no added tax rate from the depreciation recapture.

    Best of luck!

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