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  #7  
Old 12-12-2008, 08:31 PM
Stuart Bronstein
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Default Re: rental tax question

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

> kam...[at]panix.com (Arthur Kamlet) wrote:
> > > Even that might not be income because of the debt forgiveness
> > > law. Not sure if that law applies to commercial real estate
> > > property though.
> > > Does not apply to business property.

> What if you rent a room in your primary residence, or use it as a
> small office? Then the debt forgiveness only applies to the
> portion of the home used for personal reasons, by square footage?
> So if your home is 3000 sq feet and 500 rented out, then 500/3000
> of the forgiven debt must still be reported as income?


In general debt forgiveness is taxable income unless you are so broke
that the IRS won't be able to get any money out of you anyway. So if
you have to ask the question, the answer is probably not the one you
want to hear.

Stu

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #6  
Old 12-12-2008, 08:14 PM
removeps-groups@yahoo.com
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Default Re: rental tax question

On Dec 8, 11:04 am, kam...[at]panix.com (Arthur Kamlet) wrote:
- quote -

> In article <d861bcbe-a3ef-4741-b588-b07e52a90...[at]40g2000prx.googlegroups.com> ,

> > Even that might not be income because of the debt forgiveness law.
> > Not sure if that law applies to commercial real estate property though.

> Does not apply to business property.


What if you rent a room in your primary residence, or use it as a
small office? Then the debt forgiveness only applies to the portion
of the home used for personal reasons, by square footage? So if your
home is 3000 sq feet and 500 rented out, then 500/3000 of the forgiven
debt must still be reported as income?

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #5  
Old 12-08-2008, 07:34 PM
Brew1
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Default Re: rental tax question

On Dec 8, 2:04*pm, kam...[at]panix.com (Arthur Kamlet) wrote:
- quote -

> In article <d861bcbe-a3ef-4741-b588-b07e52a90...[at]40g2000prx.googlegroups.com> ,
> removeps-gro...[at]yahoo.com <removeps-gro...[at]yahoo.com> wrote:
> > On Dec 7, 11:35 am, kam...[at]panix.com (Arthur Kamlet) wrote:
> > > > Bought property for 60k
> > > > Put 16k of repairs into property
> > > OK basis is 60 + 16 = 76

> > Do repairs add to the basis? *I thought only capital improvements add
> > to the basis, whereas repairs are written off right away.

> I read into this 16,000 (on a 60,000 property) that it's more
> than simple repairs. * For 16,000 I assumed it went to improve
> the property, but I agree, more detail might be needed.
> > > > Is the 30k taxable income?
> > > Nope.
> > > Unless you default on the loan.

> > Even that might not be income because of the debt forgiveness law.
> > Not sure if that law applies to commercial real estate property though.

> Does not apply to business property.
> --
> ArtKamlet


It's somewhat unclear if rental property would qualify, but debt
forgiven on real property
used in a "trade or business" can qualify for the reduction (Form
982). However, taking
the reduction will also reduce your basis. Art may be referencing the
new law, which only
applies to your primary residence.

--
<< ------------------------------------------------------- > << 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 12-08-2008, 06:04 PM
Arthur Kamlet
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Default Re: rental tax question

In article <d861bcbe-a3ef-4741-b588-b07e52a90885[at]40g2000prx.googlegroups.com> ,
removeps-groups[at]yahoo.com <removeps-groups[at]yahoo.com> wrote:
- quote -

> On Dec 7, 11:35 am, kam...[at]panix.com (Arthur Kamlet) wrote:
> > > Bought property for 60k
> > > Put 16k of repairs into property
> > > OK basis is 60 + 16 = 76

> Do repairs add to the basis? I thought only capital improvements add
> to the basis, whereas repairs are written off right away.


I read into this 16,000 (on a 60,000 property) that it's more
than simple repairs. For 16,000 I assumed it went to improve
the property, but I agree, more detail might be needed.


- quote -

> > > Is the 30k taxable income?
> > > Nope.
> > > Unless you default on the loan.

> Even that might not be income because of the debt forgiveness law.
> Not sure if that law applies to commercial real estate property though.



Does not apply to business property.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << 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 12-08-2008, 04:05 PM
removeps-groups@yahoo.com
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Default Re: rental tax question

On Dec 7, 11:35 am, kam...[at]panix.com (Arthur Kamlet) wrote:

- quote -

> > Bought property for 60k
> > Put 16k of repairs into property

> OK basis is 60 + 16 = 76


Do repairs add to the basis? I thought only capital improvements add
to the basis, whereas repairs are written off right away.

- quote -

> > Is the 30k taxable income?
> Nope.
> Unless you default on the loan.


Even that might not be income because of the debt forgiveness law.
Not sure if that law applies to commercial real estate property though.

--
<< ------------------------------------------------------- > << 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 12-07-2008, 08:38 PM
Phil Marti
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Default Re: rental tax question

"jIM" wrote:

- quote -

> Bought property for 60k
> Put 16k of repairs into property
> Property was refinanced after purchase, appraised at 130k, loan is for
> 90k, took out 30k cash.
> Is the 30k taxable income?


No, but you cannot deduct all the interest as an expense against the rental
property unless the missing $14,000 ($30,000 proceeds minus $16,000
improvements) was also used on that property rather than for other purposes.

See IRS Publications 527 and 550.

--
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. > << ------------------------------------------------------- >
  #1  
Old 12-07-2008, 06:35 PM
John Levine
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Default Re: rental tax question

- quote -

> Bought property for 60k, Put 16k of repairs into property
> Property was refinanced after purchase, appraised at 130k, loan is for
> 90k, took out 30k cash.
> Is the 30k taxable income?


Only if you aren't planning to pay it back.

Regards,
John Levine, johnl[at]iecc.com, Primary Perpetrator of "The Internet for Dummies",
Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor
"More Wiener schnitzel, please", said Tom, revealingly.

--
<< ------------------------------------------------------- > << 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 12-07-2008, 06:35 PM
Arthur Kamlet
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Default Re: rental tax question

In article <fc033b75-964c-411c-bb7e-c6b1e803cbed[at]l39g2000yqn.googlegroups.com> ,
jIM <noreplysoccer[at]hotmail.com> wrote:
- quote -

> Bought property for 60k
> Put 16k of repairs into property





OK basis is 60 + 16 = 76


Depreciable amount is the portion of the 76 allocatd to the building.
You would have a separate asset for the land, and would allocate the
rest of the 76,000 (modulo any Sec 1245 -- e.g., appliances) to land.


- quote -

> Property was refinanced after purchase, appraised at 130k, loan is for
> 90k, took out 30k cash.
> Is the 30k taxable income?



Nope.


Unless you default on the loan.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << 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 12-07-2008, 05:56 PM
jIM
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Default rental tax question

Bought property for 60k
Put 16k of repairs into property

Property was refinanced after purchase, appraised at 130k, loan is for
90k, took out 30k cash.

Is the 30k taxable income?

--
<< ------------------------------------------------------- > << 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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