All Forum Posts by: Michelle Au

Thanks!! @Ashish Acharya and @Michael Plaks 

@Ashish Acharya Thank you! This is really helpful. Just one more follow up. If I become a RE professional and  one day I sell my rental real estate properties that I have held for over 1 year for gains. Will the gains be classified as long term capital gain and taxed at a lower rate?

Under Sec 469:

• A taxpayer qualifies as a real estate professional if (1) more than one-half of the personal services the taxpayer performs in trades or businesses during the tax year are in real property trades or businesses in which the taxpayer materially participates, and (2) hours spent providing personal services in real property trades or businesses in which the taxpayer materially participates total more than 750 during the tax year.

• A rental activity of a taxpayer that qualifies as a real estate professional under Sec. 469(c)(7) is not presumed to be passive and will be treated as nonpassive if the taxpayer materially participates in the activity.

If someone qualifies as a real estate professional, he/she can deduct I believe up to $25,000 of rental losses per year against ordinary income. So, does that mean that rental income will be classified as ordinary income too (vs investment income which is taxed at a lower rate)?

Thank you!

My husband and I are deciding whether to sell our primary residence that have been rented out for 2 years or keep it as a rental unit. If we sell the unit now, it is still considered a primary residence (lived there for 2 out of the 5 years preceding sales) which will exempt us from capital gain ($250k for single; $500K for married filing joint). I know that we would still have to pay taxes (25%) on the depreciation recapture from the 2 years we held it as rental property.

I want to fully understand the tax impact if we keep it as a rental unit. We are currently breaking even on the property before depreciation expense (we are holding on to the property b/c it's in an area where the appreciation is high), can the "unused" depreciation expense be carryover as PAL to be applied against capital gain when we sell the unit later on?

Here are some facts:

1. The FMV when we starting renting out the unit is > initial purchase price

2. We expect the selling price in the future > FMV when we starting renting out the unit.

Am I thinking of this correctly?

1. The cost basis of the property would be our initial purchase price less accumulated depreciation

2. Taxable gain would be selling price less cost basis

3. Tax would include 25% on depreciation recapture

4. Remaining tax would be total taxable gain less depreciation recapture less PAL carryforward (from "unused" depreciation expense)

Alternatively, could I not depreciate the property (which i did not do for the past 2 years in error and need to file amendments) and file a Form 3115 (application for change in accounting method) in the year in which I sell the property to catch up and claim all the the missing depreciation all at once?

Thank you!