Taxes when selling rental that was primary section 121

Taxes when selling rental that was primary section 121

Member since 2019 · 5 posts · 0 votes

Hi - I converted a primary residence (primary from 2014 to 2018) in 2018 and currently renting. My tenant is leaving and at crossroads trying to figure out if I continue to rent or sell both given the current real estate market (low rates, flight to suburbs for bigger living space, low inventory) and taking advantage of section 121 in 2021

Looking for some clarity on the taxes owed upon sale aspect, using some whole numbers here

1Property Purchase Price100000
2Building % from tax records0.7
3Depreciable Value (1*2)70000
4Monthly depreciation212.12
5Depreciation for 33 months of rental 6999.96
6Sale Price150000
7Basis adjusted for depreciation (1-5)93000.04
8Capital Gains (6-7)56999.96

1) Upon conversion to rental, I've taken the mandatory depreciation based on the cost basis applicable to the structure and not land. Will I owe the "depreciation recapture tax at the 25% rate" no matter whether the capital gains is under the 500k limit (married filing jointly)? So in my example above, I'll pay no LTCG taxes on the 56999.96 amount but still owe 25% of 6999.96?

2)  When exactly does the 5 year clock start ticking. Is it the month the primary was first rented out or is it when it first "marketed for rental". There's a couple of months gap, but it'll all matter as I'm close to the 3 year clock here for the 2 out of 5 yr rule

3) Any recommendations on tax resources that I can review to better understand how to think about the different tax components at play here

Thanks in advance!

Khushi

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    Correct, as long as you sell within 3 years of “moving out” the cap gains ($50k) is exempt and the depreciation is taxed as ordinarily income, up to 25% max.

  • Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    5y

    @Khushi Bahut I’m a fan of taking Section 121 pretty much any time it’s available.  Read IRS Pub 523 for more information and re-read the parts most relevant to you.  Fill out Worksheet 2 on pages 11-13 to get a sense of what your situation will look like.  

    https://www.irs.gov/forms-pubs...

  • Member since 2019 · 5 posts · 0 votes
    5y

    @Wayne Brooks - Thanks for your prompt response. @Dan Schwartz - Thanks for the pointers to the IRS sections. Will review that. Also forgot to mention I have a sizable net operating loss on the rental over the last 2.5 yrs given the depreciation I've taken and repairs I've had to do. Does that help offset the depreciation recapture tax in any way? Or it only helps reduce the capital gains which in my case won't help much because I'm well below the 500k limit regardless with section 121 in play

  • Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    5y

    @Khushi Bahut no problem.  If by Net Operating Losses you mean Passive Loss Carryovers, those should all flow to your Schedule E, offset any income there, and then ordinary income on the 1040.  The details of accounting for this transaction tax-wise are surprisingly complex, given capital gains, capital gains exclusions, potential depreciation recapture, passive loss carryover, etc.  Read up on it carefully, but do seriously consider having a professional guide you through reporting this properly on your tax return. 

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