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All Forum Posts by: Bonnie Griffin Kaake

Bonnie Griffin Kaake has started 5 posts and replied 609 times.

Post: Schedule E - filing as non-passive income

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370
Quote from @Pam Smith:

Hi all-

I was reading one of the blog posts on the Short Term Shop blog about Schedule E vs C, passive vs non-passive. In the blog, they reference, "According to Treasury regulations, vacation rental owners who rent their property out for seven days or less on average do not fall under standard rental regulations, meaning that they'll be able to file their income as non-passive instead, without worrying about qualifying for professional status." 

Does anybody know the exact Treasury regulation that I can reference to my CPA. He's not bought into this. I know I can switch my CPA but we've been with him for a long time and he's been good thus far. Does a ton of commercial real estate, very few short-term rentals.

Thanks!

Hi Pam, Here is a post of mine with links that answers your question and more: 

Let me clarify...You are not alone...this is a common misunderstanding by both tax professionals and investors. STR must be depreciated over 39 years like a hotel. Think of it this way, even if a hotel/motel is owned by an investor and he/she has managers who run it on a daily basis, it must be depreciated over 39 years. Same for a STR. Long-term rentals of residential properties is over 27.5 years and are treated as such. Therefore, if you are going from a STR to LTR or the other way around, a 3115 Change of Accounting Form is needed to switch from one to the other.

You are right that if you are not providing significant services yourself, it is passive. It still needs to be depreciated over 39 years. Whether or not your tax professional is filing on a schedule C or not depends on whether you are materially participating in the on-going intensive management of the property. Schedule C and 39-year depreciation are mutually exclusive.

The following excerpt from Accounting Today explains it well:

Depreciation considerations of short-term rental ownership | Accounting Today

"The second issue that short-term rental owners need to consider is the correct depreciable life to utilize. Most owners assume their rental will be depreciated over 27.5 years as residential rental property. However, this is often not the case. According to the IRS, 27.5-year assets are reserved for assets in which 80% or more of the income is being generated from dwelling units. To get the 27.5-year life, these dwelling units cannot be utilized on a “transient basis.” The IRS traditionally defines “transient” as stays of 30 days or less. This means most short-term rentals would be considered nonresidential and have a depreciable life of 39 years, similar to a hotel."

As for whether to use Schedule C or E, see the clip below, it should help. You can also find more detailed information at
Short-Term Rentals: Schedule E or C? – Tax Smart Real Estate Investors (taxsmartinvestors.com)

"To determine whether a short-term rental is reported on Schedule C or E, we ask: did the landlord provide services to the tenants that trip Sec. 1402?

If the answer is yes, report the short-term rental on Schedule C. If no, Schedule E."

I hope this helps. 

Post: Pros and cons of short term rentals vs. long term rentals

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370
Quote from @Michael Baum:

Ok @Bonnie Griffin Kaake, thanks for those references. The chart on the IRS website says something different. The GDS says 27.5 years for residential rental properties (it doesn't differentiate STR). So I really don't know what is accurate.

The Schedule C vs Schedule E I am more sure of. What you said above seems to reflect what I know as well.

This is why I have a CPA. 

You are correct in that it is confusing. STRs are a very fast growing sector (anticipated to be 20% growth in 2023) and the IRS has not caught up all their information. Although, technically, STRs with are not considered "residential" they are considered "businesses" and therefore, need 39 year depreciation schedules. And, that is for both active and passive STRs. 

Post: Short Term rental Regulations

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Aaron Lay From experience, I can tell you that you can also do cost segregation on the rental unit or portion of a property and not the one you are occupying. Be careful with the depreciation schedules for short-term rental versus medium-term rental. The STR is depreciated over 39 years and the medium-term 30-days or more is on a 39-year depreciation. If you change from one to the other, your CPA/tax professional will need to file a 3115 Change of Accounting Form. Of course, if 80% of the rental time is one or the other, use that associated depreciation calculation.

Post: Pros and cons of short term rentals vs. long term rentals

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370
Quote from @Michael Baum:

@Bonnie Griffin Kaake, your post is a bit confusing to me. Our CPA doesn't file a Schedule C. We don't meet the criteria for C filing. We file on Schedule E. They are considered passive if you don't provide significant services.

Regarding the 3115, that is for changing accounting methods. From cash basis to accrual basis. I don't think you need to file the 3115 if you change from LTR to STR. Either one can be done on a simple cash basis.

Our home is being depreciated at the 27.5 year standard.

 @William Beck and @Maria Checchin Let me clarify...You are not alone...this is a common misunderstanding by both tax professionals and investors. STR must be depreciated over 39 years like a hotel. Think of it this way, even if a hotel/motel is owned by an investor and he/she has managers who run it on a daily basis, it must be depreciated over 39 years. Same for a STR. Long-term rentals of residential properties is over 27.5 years and are treated as such. Therefore, if you are going from a STR to LTR or the other way around, a 3115 Change of Accounting Form is needed to switch from one to the other.

You are right that if you are not providing significant services yourself, it is passive. It still needs to be depreciated over 39 years. Whether or not your tax professional is filing on a schedule C or not depends on whether you are materially participating in the on-going intensive management of the property. Schedule C and 39-year depreciation are mutually exclusive.  

The following excerpt from Accounting Today explains it well: 

Depreciation considerations of short-term rental ownership | Accounting Today

"The second issue that short-term rental owners need to consider is the correct depreciable life to utilize. Most owners assume their rental will be depreciated over 27.5 years as residential rental property. However, this is often not the case. According to the IRS, 27.5-year assets are reserved for assets in which 80% or more of the income is being generated from dwelling units. To get the 27.5-year life, these dwelling units cannot be utilized on a “transient basis.” The IRS traditionally defines “transient” as stays of 30 days or less. This means most short-term rentals would be considered nonresidential and have a depreciable life of 39 years, similar to a hotel."

As for whether to use Schedule C or E, see the clip below, it should help. You can also find more detailed information at 
Short-Term Rentals: Schedule E or C? – Tax Smart Real Estate Investors (taxsmartinvestors.com)

"To determine whether a short-term rental is reported on Schedule C or E, we ask: did the landlord provide services to the tenants that trip Sec. 1402?

If the answer is yes, report the short-term rental on Schedule C. If no, Schedule E."

Post: Pros and cons of short term rentals vs. long term rentals

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

Short-Term rentals must be depreciated over 39 years like a hotel/motel. They need to be filed on a Schedule C for taxes. 

Short-Term rentals can be active investments without being a RE Professional. Therefore, even if you have a W2 job, you can deduct the losses from cost segregation against that income. The owner or spouse must be actively materially participating in the management of the property at least 100 hours per year and more than any other person or entity. 

Long-Term residential rentals are depreciated over 27.5 years. They are usually less management intensive and unless you are a RE Professional (don't have to be a licensed RE agent) they are passive investments. 

If you switch from STR to LTR or from LTR to STR, your CPA/tax professional must file a 3115 change of accounting form with the IRS.

Post: Tax Strategy and Tax Planner

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Eli Madden I am in Colorado Metro Area and I work with CPA's that are up-to-date on real estate investing. It is true that you don't have to have a CPA in your own state because most work over the Internet nowadays. Nevertheless, sometimes you do just want to sit down in a meeting face-to-face. 

Post: Working with the City in Highlands Area

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Dainen VanGorkom The West Highlands area in Denver is booming with total renovations and scape and rebuilds. I would make your offer generous and contingent on certain due diligence items to your satisfaction. Maybe have a heart-to-heart with the Denver Building Department as soon as possible. It sounds like you would be improving the property either way. 

Don't forget that you would be very wise to look at a cost segregation estimate based on your purchase and what you intend to do with the property. There are some great tax benefits that you don't want to miss. 

Post: Hey CPAs, Can I do my own cost segregation study?

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Travis Reed You would be well advised to take the advice of both @Julio Gonzalez and Chris Picciurro and work with an experienced engineering-based cost segregation company. Your time is better spent on doing what you do best. A quality cost segregation company will cover you if ever audited. If you get audited by doing it yourself, you will spend a lot more money defending yourself than the small cost of getting a professional study done on your $500K investment. I have done studies or hoped to do studies on properties that only had 5% of the purchase price that could be cost segregated and others where 90% could be depreciated. This is not as easy as it might appear, even for someone with your background. The tax considerations are complex and change from year-to-year and quarter-to-quarter. 

Post: Buying second multi-family

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Michael Hutchinson  Many people leverage cost segregation studies to get extra cash-flow to purchase additional properties. You can usually count on 6% to 8% of your purchase price in taxes you don't have to pay until you sell or postpone if you do a 1031 exchange. There are many creative ways to leverage your current property, it just takes exploring. Some do cost segregation studies and get loans on equity. If I can help, let me know. 

Post: Coin opearted washer/dryers

Bonnie Griffin Kaake
Posted
  • Real Estate Consultant
  • Denver, CO
  • Posts 621
  • Votes 370

@Alex Jacobson  I agree with @Colleen F. in that you would be best off with commercial machines since they will hold up to the use in an apartment complex. Having these available will increase the attractiveness of your property as well. No tenant likes to go out in snow and ice to go to a laundromat. I am also in Colorado. I have done many site reviews and cost segregation studies on multi-family properties. The tenants I have had the opportunity to talk to, love this feature. They can help you with your taxes as well.