Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #5  
Old 04-17-2008, 12:09 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)

Benjamin Yazersky CPA wrote:
[...]
- quote -

> I have a different perspective here.
> If you are renting below fmv, or allowing a relative to live rent free, it
> would simply be treated as a personal residence.


That was actually my second idea, (see quoted text earlier).


- quote -

> So, if you only have one other personal residence you could then deduct the
> mortgage int & property taxes.



To bring the thread back to the beginning, there is no limit on how many
real properties you can deduct ad valorem taxes on. Only personal
mortgage interest is limited to at most two properties.


-Mark Bole

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #4  
Old 04-16-2008, 07:45 PM
Benjamin Yazersky CPA
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)

"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:C7TMj.20196$%41.15159[at]nlpi064.nbdc.sbc.com...
- quote -

> removeps-groups[at]yahoo.com wrote:
> > On Apr 13, 1:03 pm, "Annie" <An...[at]nothere.com> wrote:
> > > > > You may have a not-for-profit rental activity, and you are making a
> > > > gift
> > > > of the rent to your mother.
> > > If you have a not-for-profit rental, then expenses are limited to the

> > amount of income, right? And what about depreciation? Seems you have
> > to take depreciation, but then can't deduct it because your rental
> > income is zero.

> Well, the imputed rent would not be zero. There would be rent, and then a
> gift of the rent.
> > Anyway, is there a requirement that the home has to be treated as a
> > rental? Couldn't it just be an investment home owned by the brother
> > and sister, in which case depreciation and the complications of
> > Schedule E don't arise.

> I thought about that after I posted. Without taking the time to research
> the pubs for things I read once and only half-remembered, I think you are
> right. Better yet, it could just be a second home that a close relative
> is living in (might not apply if it was a non-related person).
> In fact, if the parent has little income and more than half the support
> (including free rent) is provided by either or both children, there might
> be a dependency exemption and even head of household -- sorry for the
> sloppy reply, it is April 14th after all. That is the power of "may" and
> "might"! ;-)
> > You may need to file a partnership return 1065 to split the property
> > tax between you and your brother.

> Now, that one I'm pretty sure is not the case, no matter what. Expense
> and income splitting on a passive activity rental property is allowed on
> Schedule E.
> -Mark Bole
> --



I have a different perspective here.

If you are renting below fmv, or allowing a relative to live rent free, it
would simply be treated as a personal residence.
So, if you only have one other personal residence you could then deduct the
mortgage int & property taxes.




--


___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

"This written advice was not intended or written to be used, and it cannot
be used by any taxpayer, for the purpose of avoiding penalties that may be
imposed on the taxpayer."

(The foregoing legend has been affixed pursuant to U.S. Treasury Regulations
governing tax practice.)

The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you received
this in error, please contact the sender and delete the material from any
computer.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #3  
Old 04-15-2008, 01:04 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)

removeps-groups[at]yahoo.com wrote:
- quote -

> On Apr 13, 1:03 pm, "Annie" <An...[at]nothere.com> wrote:
> > > You may have a not-for-profit rental activity, and you are making a gift
> > > of the rent to your mother.

> If you have a not-for-profit rental, then expenses are limited to the
> amount of income, right? And what about depreciation? Seems you have
> to take depreciation, but then can't deduct it because your rental
> income is zero.


Well, the imputed rent would not be zero. There would be rent, and then
a gift of the rent.

- quote -

> Anyway, is there a requirement that the home has to be treated as a
> rental? Couldn't it just be an investment home owned by the brother
> and sister, in which case depreciation and the complications of
> Schedule E don't arise.


I thought about that after I posted. Without taking the time to
research the pubs for things I read once and only half-remembered, I
think you are right. Better yet, it could just be a second home that a
close relative is living in (might not apply if it was a non-related
person).

In fact, if the parent has little income and more than half the support
(including free rent) is provided by either or both children, there
might be a dependency exemption and even head of household -- sorry for
the sloppy reply, it is April 14th after all. That is the power of
"may" and "might"! ;-)

- quote -

> You may need to file a partnership return 1065 to split the property
> tax between you and your brother.


Now, that one I'm pretty sure is not the case, no matter what. Expense
and income splitting on a passive activity rental property is allowed on
Schedule E.

-Mark Bole

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #2  
Old 04-14-2008, 11:31 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)

On Apr 13, 1:03*pm, "Annie" <An...[at]nothere.com> wrote:

- quote -

> > You may have a not-for-profit rental activity, and you are making a gift
> > of the rent to your mother.


If you have a not-for-profit rental, then expenses are limited to the
amount of income, right? And what about depreciation? Seems you have
to take depreciation, but then can't deduct it because your rental
income is zero.

Anyway, is there a requirement that the home has to be treated as a
rental? Couldn't it just be an investment home owned by the brother
and sister, in which case depreciation and the complications of
Schedule E don't arise.


- quote -

> Many thanks for your help! *It's appreciated! *

You may need to file a partnership return 1065 to split the property
tax between you and your brother.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #1  
Old 04-13-2008, 08:03 PM
Annie
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)


"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:umpMj.1003$FF6.33[at]newssvr29.news.prodigy.net...
- quote -

> Annie wrote:
> > Hi,
> > > My brother and I jointly own a condo that our mother is living in,

> > rent-free. I was told I can't take my share of the property tax off of
> > our taxes because it is not my primary residence. Is this true?
> > > Thank you!!

> Nope. If you pay the property tax for real property you own anywhere, it
> can be deducted either against rental income or on Schedule A. Mortgage
> interest is limited to first and second home only.
> You may have a not-for-profit rental activity, and you are making a gift
> of the rent to your mother.
> -Mark Bole


Many thanks for your help! It's appreciated!

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
 
Old 04-13-2008, 03:09 PM
Mark Bole
Guest
 
Posts: n/a
Default Re: Property tax deduction? (non-rental)

Annie wrote:
- quote -

> Hi,
> My brother and I jointly own a condo that our mother is living in,
> rent-free. I was told I can't take my share of the property tax off of our
> taxes because it is not my primary residence. Is this true?
> Thank you!!


Nope. If you pay the property tax for real property you own anywhere,
it can be deducted either against rental income or on Schedule A.
Mortgage interest is limited to first and second home only.

You may have a not-for-profit rental activity, and you are making a gift
of the rent to your mother.

-Mark Bole

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #-1  
Old 04-13-2008, 02:48 PM
Annie
Guest
 
Posts: n/a
Default Property tax deduction? (non-rental)

Hi,

My brother and I jointly own a condo that our mother is living in,
rent-free. I was told I can't take my share of the property tax off of our
taxes because it is not my primary residence. Is this true?

Thank you!!

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
 

Tags
deduction, nonrental, property, tax
Similar Threads
Thread Forum Replies Last Post
HELOC deduction for rental property
way111@gmail.com: In 2007, I used money from my HELOC to buy an investment property. The amount put the balance of the HELOC over $100,000. I know that I have to...
Taxes 2 04-12-2008 07:50 PM
Rental Property Refinance Tax Deduction
olivia: Dear All: I have been bothered with question for a while, and would appreciate any advise. I own a rental property (mortgaged) with some equity...
Financial Planning 2 02-19-2007 02:54 PM
rental property interest deduction
way111@gmail.com: Hi experts, I have a question about mortgage interest deduction on a rental property. Suppose I do the following: - on October 1, I buy a...
Taxes 6 09-08-2006 11:29 AM
rental property tax deduction
dyu9999@gmail.com: I bought washer/drier/refrig/furniture for house to rent it out, can i deduct this as expenses in tax return? thanks <<...
Taxes 8 06-10-2005 11:55 PM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 12:22 PM.