2019 Schedule A and Schedule E figures for three properties

2019 Schedule A and Schedule E figures for three properties

Member since 2020 · 4 posts · 0 votes

Apologies in advance for the lengthy post.

On 1 January 2019 my wife and I owned our primary residence and a rental property a three hour drive from our primary residence.  That is the last day I think I fully understood my real estate tax situation.

Sometime early January, the neighbor across the street from our primary residence let us know he was planning to move.  My wife announced to me "I want to buy that house so my parents can live in it".  I like my in-laws, so we made an offer the day the house went on the market in March and closed on it in April.  We took out a mortgage to purchase the house initially, but when my in-laws sold their home and moved into the one across the street, they then gifted to us the proceeds from their house sale, which my wife and I used to pay off the mortgage of the new house 5 months later (September 2019).

Meanwhile, in June, our tenant in the rental property (purchased as a vacation home in 2007 - 6 months before the real estate market crashed - but converted to a rental property in 2013) decided to stop paying his rent.  After relations between the tenant and the real estate company we hired to manage the property for us deteriorated, the real estate company recommended we start the eviction process.  Court date was in early August and the house was returned to us mid August.  At the time we took back possession, we let the real estate management company know that we were no longer interested in renting the house and instead wanted improve the house to a sellable condition and sell.

On Day 1 after repossession I changed the locks.  I then hired a company to perform a home inspection and give me a report of everything wrong with the house so I would have a punch list of things to work on.

Upon seeing the report, my 22 y.o. son, at the time not employed and looking for something to do, asked if I would consider letting he and his friend (also 22 y.o. but with several years construction experience and at the time "between gigs") do many of the repairs.  After looking at the list, we came to an agreement on the things they would fix (carpentry, painting, and yardwork mostly, as well as acting as my contact when dealing with other contractors) and the things I would hire outside contractors to do (such as a new roof, new flooring,  electrical).  I hired them as household employees and withheld taxes.  My son and his friend moved into the house in early October (and lived there for free) and stayed until early January when the work was completed.  The house was for sale by February 2020, we received an offer in March, and closed in early May.

After that lengthy background description, my question is...how should this have been filed when I completed my 2019 personal income tax?

I'm now fairly certain that my 2019 filing is incorrect and I will be filing an amended return once I've figured out what "correct" is.  But this is how I filed:

1) Mortgage interest and property taxes for the primary residence went on Schedule A.

2) Using the date I changed the locks as the split, all income and expenses incurred on the rental property prior to the that date - including the locks - went on Schedule E. I believed the costs associated with restoring the property to a sellable condition, rather than being deductible anywhere, would instead add to the property's cost basis.  Mortgage interest and property taxes were divided (on a pro rata basis) between the Schedule E and Schedule A.  My thinking was that as my son lived there for the last three months of 2019, the property had returned to being a personal residence.

3) The mortgage interest and property taxes on the new inlaws house paid in 2019?  Didnt include them on the return at all.  Nada.

Now, after spending a little more time trying to understand it, I believe only 1) was done correctly.  At a minimum property taxes on the inlaws house should have been included on Schedule A (but subject to the $10k limit).  And probably the interest should have been as well if the rental property should have actually been treated as a rental property for the entire year.

Unless a a property located across the street from your primary residence cant be considered a second/vacation home, in which case both would go on a Schedule E, but without any income (the inlaws do not pay rent) both would be lost as deductions.

I'm lacking in clarity of what the proper way of handling 2) should have been. Should it have remained being classified as a rental property even though my son lived in it for 3 months?

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  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    5y
    Originally posted by @Brent Blaha:

    Apologies in advance for the lengthy post.

    On 1 January 2019 my wife and I owned our primary residence and a rental property a three hour drive from our primary residence.  That is the last day I think I fully understood my real estate tax situation.

    Sometime early January, the neighbor across the street from our primary residence let us know he was planning to move.  My wife announced to me "I want to buy that house so my parents can live in it".  I like my in-laws, so we made an offer the day the house went on the market in March and closed on it in April.  We took out a mortgage to purchase the house initially, but when my in-laws sold their home and moved into the one across the street, they then gifted to us the proceeds from their house sale, which my wife and I used to pay off the mortgage of the new house 5 months later (September 2019).

    Meanwhile, in June, our tenant in the rental property (purchased as a vacation home in 2007 - 6 months before the real estate market crashed - but converted to a rental property in 2013) decided to stop paying his rent.  After relations between the tenant and the real estate company we hired to manage the property for us deteriorated, the real estate company recommended we start the eviction process.  Court date was in early August and the house was returned to us mid August.  At the time we took back possession, we let the real estate management company know that we were no longer interested in renting the house and instead wanted improve the house to a sellable condition and sell.

    On Day 1 after repossession I changed the locks.  I then hired a company to perform a home inspection and give me a report of everything wrong with the house so I would have a punch list of things to work on.

    Upon seeing the report, my 22 y.o. son, at the time not employed and looking for something to do, asked if I would consider letting he and his friend (also 22 y.o. but with several years construction experience and at the time "between gigs") do many of the repairs.  After looking at the list, we came to an agreement on the things they would fix (carpentry, painting, and yardwork mostly, as well as acting as my contact when dealing with other contractors) and the things I would hire outside contractors to do (such as a new roof, new flooring,  electrical).  I hired them as household employees and withheld taxes.  My son and his friend moved into the house in early October (and lived there for free) and stayed until early January when the work was completed.  The house was for sale by February 2020, we received an offer in March, and closed in early May.

    After that lengthy background description, my question is...how should this have been filed when I completed my 2019 personal income tax?

    I'm now fairly certain that my 2019 filing is incorrect and I will be filing an amended return once I've figured out what "correct" is.  But this is how I filed:

    1) Mortgage interest and property taxes for the primary residence went on Schedule A.

    2) Using the date I changed the locks as the split, all income and expenses incurred on the rental property prior to the that date - including the locks - went on Schedule E. I believed the costs associated with restoring the property to a sellable condition, rather than being deductible anywhere, would instead add to the property's cost basis.  Mortgage interest and property taxes were divided (on a pro rata basis) between the Schedule E and Schedule A.  My thinking was that as my son lived there for the last three months of 2019, the property had returned to being a personal residence.

    3) The mortgage interest and property taxes on the new inlaws house paid in 2019?  Didnt include them on the return at all.  Nada. 

    Now, after spending a little more time trying to understand it, I believe only 1) was done correctly.  At a minimum property taxes on the inlaws house should have been included on Schedule A (but subject to the $10k limit).  And probably the interest should have been as well if the rental property should have actually been treated as a rental property for the entire year.

    Unless a a property located across the street from your primary residence cant be considered a second/vacation home, in which case both would go on a Schedule E, but without any income (the inlaws do not pay rent) both would be lost as deductions.

    I'm lacking in clarity of what the proper way of handling 2) should have been. Should it have remained being classified as a rental property even though my son lived in it for 3 months?

    1) Mortgage interest and property taxes for the primary residence went on Schedule A. - Looks Correct

    2) Using the date I changed the locks as the split, all income, and expenses incurred on the rental property prior to that date - including the locks - went on Schedule E. - Correct

    I believed the costs associated with restoring the property to a sellable condition, rather than being deductible anywhere, would instead add to the property's cost basis. - Not entirely correct. Needs to be analyzed more. 

    Mortgage interest and property taxes were divided (on a pro-rata basis) between the Schedule E and Schedule A. My thinking was that as my son lived there for the last three months of 2019, the property had returned to being a personal residence. - Correct, but other expenses need to be divided. Such as insurance and such. 

    3) The mortgage interest and property taxes on the new inlaws house paid in 2019? Didn't include them on the return at all. Nada. Part of this could potentially go to the Sch A but wouldn't make that much diff. 

    Now, after spending a little more time trying to understand it, I believe only 1) was done correctly. At a minimum property taxes on the inlaws house should have been included on Schedule A (but subject to the $10k limit). And probably the interest should have been as well if the rental property should have actually been treated as a rental property for the entire year.

    Unless a property located across the street from your primary residence cant be considered a second/vacation home, in which case both would go on a Schedule E, but without any income (the inlaws do not pay rent) both would be lost as deductions. - if you haven't transferred the property to in-laws, his will count as your second home mortgages and taxes are deductible. Looks like taxes are already limited and your mortgage interest shouldn't be that much as you paid off

    From a very high level, I do not see a big enough reason to amend the return. 

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  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    5y

    There's a lot of information here, but it's hard to come to a definite answer without a deep conversation.

    So, I'd tend to agree with Ashish.  The returns were most likely materially correct based upon what was presented.

    Hopefully your in-laws filed gift tax returns.  It would seem they triggered an obligation and used up lifetime exemption with the large cash transfer.

    With professional advice, this could have been a lot cleaner...  The parents should have, most likely, acquired the home and put it in a revocable trust, to which you and your wife are beneficiaries.

  • Member since 2020 · 4 posts · 0 votes
    5y

    Thank you Ashish and Eamonn.  

    Ashish, there were definitely things that, for brevity's sake, I didn't mention. Insurance, HOA fee, trash collection etc that would be prorated and included on the Sch E but not the Sch A for example.

    I am having a pro take a look (and most certainly will hire a pro to walk me through the property sale on my 2020 taxes), but I have enough sweaty equity invested in doing my own taxes over the years that I want to understand whats the right thing.

    I guess the question that gets at the crux of the matter is did I sell a rental property or did I sell a personal residence?  My son lived there for the last 3 months of the year, but largely to fix the place up.

    If I sold a rental property then the house the inlaws are living in is a second home and the mortgage interest would go on Sch A (we hit the $10k SALT limit so the property taxes are inconsequential).  The interest we paid in 2019 on the inlaws house was about $5k.

    If I sold a personal residence, which is how I filed, then the in laws house is residence #3.  As I filed, I called the second home the converted rental property and only included the prorated amount of interest ($1200) on Sch A.  Do I have the ability to choose which property is counted as the second home?

    And yes, my inlaws filed the gift tax.  

  • Member since 2020 · 4 posts · 0 votes
    5y

    Oh, and when we bought the house, we werent expecting my wife's parents to move in right away.  We expected to rent the house out for several years before then.  But after we bought it and the in laws saw it, they fell in love with it and decided to move in right away. 

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

    @Brent Blaha

    Your biggest mistake was letting your in-laws live next door, but this cannot be fixed by amending. :)  Have you ever watched Everybody Loves Raymond?

    You're looking for the "right" answers, but your situation can be treated more than one way, depending on various factors. Some of them are subjective, leaving room for interpretations.

    I'm not sure that your rental property was converted into a personal residence when your son moved in. This is one of those subjective determinations. Based on the limited information I have, I lean towards considering this property a rental property until the day it was sold, and reporting all carrying costs on Schedule E (assuming you kept paying them, as opposed to your son).

    Another subjective determination is your son's "free labor." It is possible that what happened was a barter transaction, with your son's and his friend's labor traded for rent, triggering income for both sides. Which, by the way, is not necessarily a bad thing if it happened.

    I don't see your next door house as being a rental property at any point, strictly a personal property, assuming that your in-laws are not paying you a fair market rent for it. My assumption can be wrong of course, and I'm glad that you hired a professional to untangle all this. 

    Just keep in mind that two professionals analyzing your situation can come to two different conclusions, neither being wrong.

  • Member since 2020 · 4 posts · 0 votes
    5y

    Thanks Michael.  Loved that show.  I do get along well with my inlaws, but I also didnt think they would be moving in two months after we bought it either.  It is what it is.

    The pro I have looking at it at the moment said the same thing at first, that is was still a rental property.  He is reviewing my entire return at the moment and will get back with me soon on his suggestions.

    I did pay a fair hourly wage to both my son and his friend.  With the benefit of hindsight, I should have taken out an EIN for a property rental company such as "Blaha Rentals" or something.  As it is, since I thought that by having him live there the property reverted to being a personal residence and I was then out of the rental property business, it didn't dawn on me to do that.  Instead, I took out an EIN as a household employer and hired them as household employees.  Not perhaps the usual purpose for that, but it was a mechanism to allow me to withhold and pay taxes and UI (my wife is a Schedule C filer with one employee so I am very familiar with the tax withholding and remittance to the government processes).

    They averaged about 35 hours of work per week (some weeks more than 40 and got overtime, others less) while they were there.  So they were working while living there, but also used the place the way everyone uses a personal residence - hosted friends there for example.  And neither of them had another residence that they would have called home at the time.   

    At any rate, I do appreciate all the thoughts. I feel a little better about how I filed and will be better able to make a rational decision about doing anything else after I've spoken to the pro.

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