Depreciation of Property Converted Back and Forth from Personal to Rental

Depreciation of Property Converted Back and Forth from Personal to Rental

Arlington, VA · Member since 2017 · 7 posts · 0 votes

We converted our primary residence into a rental when we were stationed overseas five years ago. During those five years, we claimed depreciation (based on a 27.5 year depreciation schedule), mortgage interest, and other costs associated with our rental on Schedule E and reported suspended passive losses on form 8582 - based on consultations with a professional real estate CPA. After those five years, we have lived in our house as our primary residence while stationed back in the U.S. over the last year, so we ceased claiming depreciation and other rental costs.

Next year, we will rent out our house again. The real estate CPA with whom I previously consulted advised that we should pick up where we left off on the previous depreciation table from before (i.e. continue to claim the same amount of depreciation with 22.5 years left on the original 27.5 year depreciation table) and depreciate over 27.5 years any improvements made to the house while we lived in it over the past year. A couple of friends who have been in a similar situation said that CPAs with whom they have consulted have advised the same course of action.

However, a CPA at a rental property seminar I attended advised that we should start a brand new depreciation table with a new adjusted basis. Per this CPA, we should take the adjusted basis from five years ago, subtract the amount of depreciation taken over those five years, add the cost of improvements made while the house was a primary residence over the last year, and depreciate over 27.5 years.

Given the conflicting guidance, I'd welcome any suggestions on the best course of action for claiming depreciation on our house when we place it back into service as a rental property. Thanks.

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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
3y

Agree with @Ashish Acharya - it's technically the same thing.  However, given a preference, I would show it and document it the way you originally outlined it.  If I were taking this tax return on and was trying to figure out what was going on, I'd find it much easier to follow using the first method.

The second method would make me think that somebody had screwed up basis calculation and depreciation life.  

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

    Taking a new adjusted basis means continuing where you left off. A different way of saying the same thing. You are good. 

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  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    3y

    Agree with @Ashish Acharya - it's technically the same thing.  However, given a preference, I would show it and document it the way you originally outlined it.  If I were taking this tax return on and was trying to figure out what was going on, I'd find it much easier to follow using the first method.

    The second method would make me think that somebody had screwed up basis calculation and depreciation life.  

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    @Ed Shin

    There's subtlety in this question. When you start renting this property again, its adjusted basis will be lower than the basis for the first round of renting (ignoring the capital improvements in between.) So, if your original basis of the building was $100k, and $20k of it had been depreciated during the first rental period, you now restart from $80k. I think we're on the same page here.

    The question is then - do we depreciate this remaining $80k over the remaining 22.5 years, or do we depreciate the $80k over 27.5 years? The former produces a slightly higher annual deduction by dividing $80k over 22.5 instead of 27.5 years. 

    To answer this technical question conclusively, I'd need to research it, and I don't have time for it. So I'm answering it off the cuff, possibly incorrectly. 

    I believe that what happened here was two conversions: first from a rental to a personal residence, and then back to a rental. Because it's a conversion, it starts a new depreciation schedule as opposed to continuing the old one. In other words, $80k over 27.5 years. Once again, the disclaimer: speaking from memory here, without verifying, so I could be wrong.

    The additional capital improvements definitely start a new 27.5 clock, regardless of which of the two methods is used for the old basis.

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    @Ed Shin

    I decided to double-check my earlier answer. Confirmed: $80k over a brand new 27.5 yrs schedule. And you add the new capital improvements to this $80k.

    See Regs. § 1.168(i)-4

  • Arlington, VA · Member since 2017 · 7 posts · 0 votes
    3y

    @Ashish Acharya @Linda Weygant @Michael Plaks Thank you all for taking the time to respond to my question, which I recognize is a rather niche question.

    @Michael Plaks Thanks for pointing me to the specific IRS regulations that deal with my question. After reading the regulations, I see that my house was converted from personal use to business use when it was rented out, treated as a disposition of the property when I started living in it again, and will be converted to business use again when it is rented out again. Given the disposition of the property, I can see how the adjusted depreciable basis (remaining depreciable basis + capital improvements) would need to be depreciated under a new 27.5 year schedule. The annual deduction will, of course, be lower than if I continued with the initial depreciation schedule, but not significantly.

    Regardless of how many times I convert my house back and forth from a personal home to a rental property, my passive losses will continue to carry over and depreciation recapture will only occur when I sell the property, right?

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    3y

     That's correct.

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y
    Quote from @Ed Shin:

    After reading the regulations, I see that my house was converted from personal use to business use when it was rented out, treated as a disposition of the property when I started living in it again...

    Regardless of how many times I convert my house back and forth from a personal home to a rental property, my passive losses will continue to carry over and depreciation recapture will only occur when I sell the property, right?

    Converting to personal is a disposition. Disposition normally triggers gain and depreciation recapture, however not in this case, which is explicitly addressed in the Regulations. 

    Passive losses upon conversion are not explicitly addressed - not in this Regulations and neither in Section 469 Regulations, as far as I know. Unless I'm missing some provision to the contrary, this leaves the door open to releasing passive losses upon conversion to personal.
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