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Old 01-02-2009, 05:25 PM
Gil Faver
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Default Re: treatment of rental house upon sale


"Gil Faver" <rowdy'sboss[at]xxyz.com> wrote in message
news:wVr7l.250949$Mh5.220965[at]bgtnsc04-news.ops.worldnet.att.net...
- quote -

> given the thread regarding timeshares, what happens when a rental house is
> sold to a person who makes it his residence? Is the seller precluded from
> fully
> treating the property as a rental during the last (partial) year of
> ownership, i.e. will his deductions be limited per section 280A?
> ========================================= MODERATOR'S COMMENT:
> the intent of the buyer has no impact on the use of property by
> seller as rental. You may want to reread 280a.



I would of course treat it that way, but as I read 280A, I see the same
things I see when I read it with respect to the timeshare issue:

a) General rule
Except as otherwise provided in this section, in the case of a
taxpayer who is an individual or an S corporation, no deduction
otherwise allowable under this chapter shall be allowed with
respect to the use of a dwelling unit which is used by the taxpayer
during the taxable year as a residence.

d) Use as residence
2) Personal use of unit
For purposes of this section, the taxpayer shall be deemed to
have used a dwelling unit for personal purposes for a day if, for
any part of such day, the unit is used -
(A) for personal purposes by the taxpayer or any other person
who has an interest in such unit, or by any member of the
family (as defined in section 267(c)(4)) of the taxpayer or
such other person;

--
<< ------------------------------------------------------- > << 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 01-02-2009, 04:58 PM
Gil Faver
Guest
 
Posts: n/a
Default treatment of rental house upon sale

given the thread regarding timeshares, what happens when a rental house is
sold to a person who makes it his residence? Is the seller precluded from
fully
treating the property as a rental during the last (partial) year of
ownership, i.e. will his deductions be limited per section 280A?


========================================= MODERATOR'S COMMENT:
the intent of the buyer has no impact on the use of property by
seller as rental. You may want to reread 280a.

--
<< ------------------------------------------------------- > << 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
house, rental, sale, treatment
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