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Tax ? I live in my rental propery

Joined
17 March 2006
Messages
736
Location
Houston, TX
Hello,

Quick question. I'm finishing up my taxes tonight, and want to use Schedule E for rental income.

I live in my house, and rent out three of the other rooms (did so all of 2009).

My rents were fairly low, and I wanted to deduct my mortgage interest etc under schedule E.

Is this legal? and am i doing it the right way?
 
Im guessing since I live in the property I can be considered a 'real estate professional' thus allowing me to deduct my losses against my ordinary income at my day job.
 
My tax software wont let me take the deduction b/c
"If you were Real Estate Professional, any rental real estate activity in which you materially participated is not a passive activity. You are not eligible to cliam Form 8582 for HOUSE property"

So I guess since I lived in the house and had other outside income, I cannot claim a loss against that income.
 
My tax software wont let me take the deduction b/c
"If you were Real Estate Professional, any rental real estate activity in which you materially participated is not a passive activity. You are not eligible to cliam Form 8582 for HOUSE property"

So I guess since I lived in the house and had other outside income, I cannot claim a loss against that income.

Wait, I'm confused. If it is your primary residence, aren't you already writing off your mortgage interest?
 
LOL

Talk to a tax professional. Don't cheap out and get burned.

And a couple of things:

1. if you live in your rental property, you *may* be able to deduct the whole thing on schedule A. Confirm this with your tax professional.

2. Just because you live in your rental property does not make you a "real estate professional". Be very careful about this.
 
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Here's the proper way to do it.

I live in a two-family house, living in one unit and renting out the other. The square footage of both units is approximately equal.

I file Schedule E for the rental unit. It shows 100 percent of the rent received as rent income. Most expenses are pro-rated, so Schedule E shows 50 percent of the property tax and 50 percent of the mortgage interest as expenses. (I actually show the full amount and the 50 percent calculation on the form.) Other expenses that are pro-rated include insurance, utilities, repairs to the grounds and common areas, etc. If there are repairs that are specific to the rental unit - let's say their sink needs a plumber - I show the full amount of the repair, 100 percent.

The other half of the mortgage interest and property tax - i.e. the half corresponding to the unit I am living in - are deducted as personal expenses on Schedule A. You can't deduct the other half of most other expenses (insurance, utilities, repairs, etc).

If the space rented out is more than 50 percent or less than 50 percent, use the appropriate percentage for the rental unit and the rest for your personal unit. You can calculate it based on square footage or number of rooms.

You can also take depreciation expense on the rental portion of the property; typically you can depreciate the building but not the land. You show the depreciation on Form 4562 and then transfer the amount shown to Schedule E. How to calculate depreciation is very complicated and depends on when the rental property went into service. You can look at the IRS publications on depreciation but you're probably going to need to consult with a tax professional.

You do not need to file Form 8582 (renting a home is not a "passive activity"), you are not a real estate professional, and you can still declare a profit or loss on your Schedule E in addition to your principal source of income.
 
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