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| <davidegriffin[at]gmail.com> wrote: - quote - > Hello, Here is question on residential rental property that the IRS
What you consider it in the long run is irrelevant. In 2007 it wasn't a> publications don't seem to address. We have own a rental property for > the past five years. We had tenants for all that time, collected > rent, and handled it as a rental property on our federal return. > However, for 2007, one of our daughters and her husband have lived in > it for the entire year. We have not charged them rent. Over the long > term, we still consider this property a rental. rental because it wasn't available for rental. - quote - > My daughter may live
No, and you can't deduct any rental expenses. You can deduct the real> it in one more year, but after that we may rent it again (or possibly > sell it). So, for 2007, can we treat this property as a rental? estate tax on Schedule A and, if you don't own more than two homes, mortgage interest on it as a second home. If you place it back in rental service you pick up where you left off on depreciation. See Publications 527 and 936. -- Phil Marti Clarksburg, MD -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| davidegriffin[at]gmail.com wrote: - quote - > Hello, Here is question on residential rental property that the IRS
I am unable to back this up, my google powers failing me.> publications don't seem to address. We have own a rental property for > the past five years. We had tenants for all that time, collected > rent, and handled it as a rental property on our federal return. > However, for 2007, one of our daughters and her husband have lived in > it for the entire year. We have not charged them rent. Over the long > term, we still consider this property a rental. My daughter may live > it in one more year, but after that we may rent it again (or possibly > sell it). So, for 2007, can we treat this property as a rental? If > so, can we deduct all the usual rental expenses -- maintenance, > repairs, etc. -- or only the depreciation? Thanks for your advice on > this! I understand that there is an imputed rent, similar to if you tried to lend money to a child interest-free. There is a market rent you must take as income, and if you are gifting the value back to them, it's a gift subject to the gift limits ($12K/person). So if it's you and your wife, and daughter and son in law, there's $48K total you may gift. But the rent must be claimed as income. I may be mistaken, but this would stand to a reasonable conclusion as "there ain't no such thing as a free lunch". Joe (hopeful someone will cite a reg or pub to contradict or corroborate) -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| Hello, Here is question on residential rental property that the IRS publications don't seem to address. We have own a rental property for the past five years. We had tenants for all that time, collected rent, and handled it as a rental property on our federal return. However, for 2007, one of our daughters and her husband have lived in it for the entire year. We have not charged them rent. Over the long term, we still consider this property a rental. My daughter may live it in one more year, but after that we may rent it again (or possibly sell it). So, for 2007, can we treat this property as a rental? If so, can we deduct all the usual rental expenses -- maintenance, repairs, etc. -- or only the depreciation? Thanks for your advice on this! -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| question, rental, residential, tax |
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