Rental Property
Understanding the tax benefits of rental property ownership
Owning and renting property is common among many individuals. While deriving rental income and/or capital gains from owned property can be a financially rewarding endeavor, the IRS rules and regulations can be very complex.
This Rental Income brochure summarizes the most common forms of rental income, allowable expenses, and their tax treatment.
The worksheet provided with the link to a “PDF"-formatted file below should help you document your rental income and identify deductible expenses from rental activities.
Rental Property Tax Law
Special tax laws have been created within the Tax Code to address rental income and losses. Generally, rental income is deemed "passive" income within the IRS. This is done to distinguish rental income from "earned" or "ordinary" income like your salary or wages. This "passive" activity requires separate tax forms to be filed, and it limits your ability to net losses on rental activity against other types of income, like your wages. On the other hand, "passive" income is not subject to employment taxes (Social Security and Medicare). However, not all rental activity must by its nature be passive. Exceptions are renting vacation property and rental activity where you are actively involved. The rules are complex, so it is always a good idea to discuss your situation.
Rental Income
What is rental income?
Rental income is any amount of money you receive or accrue as payment for the use of property. You must include:
- rent payments
- payments made to you by your lessee (renter) for any of your expenses
- any payment to you by a lessee as consideration for abandoning the lease agreement
- property taxes paid by your tenant on behalf of the landlord
- deposits from your renters
- Improvements made to the property by a lessee in lieu of rent payments — These are included as gross income at the fair market value of the improvements at the time of improvement.
What isn’t rental income?
There are some forms of income from rental property that may be excluded, such as
- Rental income if a property is rented less than 14 days per year (e.g., vacation home rental)
- Improvements made by your lessee while renting from you that will belong to your property when the lease expires or if the lease is terminated prior to expiration
Rental Expenses
Rental expenses directly related to the property that produces rent income are deductible from gross rental income to derive your adjusted gross rental income. Use the worksheet to assist you in identifying, tracking, and documenting your gross rental income, deductions, and adjusted gross income.
Other Rental Income
Vacation Home Rental
Owning a vacation home can bring tax advantages for you, but the rules can be a little complex depending on the amount of personal and rental use of your home. It is best to review your vacation home plans on a regular basis to help maximize your tax advantages. Briefly, the rules are
- If you don’t rent out your vacation home, you can deduct mortgage interest and real estate taxes.
- If you rent out your vacation home for 14 days or less, you can deduct the mortgage interest and the real estate taxes, and the rental income is tax-free. You may not deduct any expenses associated with renting out the home, however.
- If you rent out the home 100% of the time and there is no personal use, the vacation home is considered a rental property. In this case you may deduct interest, taxes, operating expenses, depreciation, and possibly rental losses up to $25,000.
- If you rent out your vacation home for more than 14 days and also use the home personally, the rules regarding personal use and what you can deduct are very complex and should be discussed to determine your best tax opportunities.
Rental of Personal Property
If you rent personal (non-real estate) property through a trade or business:
- This rental income is treated as self-employment income and is subject to self-employment taxes of 15.3%.
- You must record and file on a self-employed income schedule and not as rental income.
If you rent personal property with the rental of real estate, the personal property rent is not subject to the self-employment tax. Other rents excluded from the self-employment tax are
- Rental income from a mobile home park
- Rental income from self-storage units
- When rental activity is not conducted as a trade or business on a regular and consistent basis
In these cases, rents are reported as other income.
Selling Your Rental Property
Any time you sell property, you are required to calculate the gain or loss on the sale for tax purposes. When you sell property that you have rented, even if only part of the property was rented, the calculation of gain or loss becomes more complicated. Any depreciation taken on the property must be accounted for when determining the actual gain or loss. For instance, assume you sell a condo for $200,000 that you bought for $100,000. Also, assume you have rented the condo and depreciated $10,000 of the cost on your rental tax filings. Your taxable gain on the sale would be $110,000 ($200,000 minus $100,000 cost plus the $10,000 depreciation). Fortunately, long-term capital gain tax rates are lower than in the past, but this depreciation recapture can be quite a tax surprise.
(Use the link above to download the "PDF" format of this worksheet, then print it out to record and track your rental property income and expenses. Allowable expenses may be deducted from your gross rental income to derive your adjusted gross rental income. Tracking your rental income and expenses quarterly will assist in deriving your estimated quarterly taxes owed. Use a separate worksheet for each rental property.
Self-Employment
Governing self-employed taxpayers. You will also find a helpful worksheet to assist in your recordkeeping.
Tax strategies for the self-employed
Being self-employed can bring individuals great rewards and freedoms, yet it also brings great responsibility to ensure you comply with the rules and requirements of the IRS. This ADVANTAX brochure discusses your income, allowable deductions, and the tax regulations governing self-employed taxpayers. You will also find a helpful worksheet to assist in your recordkeeping.
Are you self-employed?
You are considered self-employed and subject to self-employment tax laws if you:
- Carry on your own trade or business.
- Have a profit motivation for your business activity.
- Operate your business in a regular manner.
- Are a sole proprietor
- Are an independent contractor
- Work full- or part-time in the business endeavor.
- Have a net profit of $400.00 or more.
- Have a net profit of $100.00 or more as an employee of a church electing exemption from Social Security withholdings.
Self-Employment Tax
All self-employed people must pay a self-employment tax in addition to income tax. The tax is 15.3% of net earnings and is comprised of two components— a 12.4% old age, survivors, and disability insurance (OASDI) tax and a 2.9% component for hospital insurance (Medicare). The 12.4% OASDI portion is paid on net income (revenues less expenses) up to a set amount similar to social security. The 2.9% Medicare tax is paid on all net income. If you receive any wage income on which Social Security or Railroad Retirement taxes were paid, then the self-employment tax income maximum is reduced by the amount of wages received. If self-employment income is below $400, no self-employment tax is due.
What is self-employment income?
- Income received from a trade or business you conduct on a continuous and regular basis less allowable deductions
- Payments received from your partnership for services rendered
- Income paid by insurance companies to retired insurance agents based on prior work, such as unpaid commissions
- Real estate rental income if substantial services are rendered
- Extended earnings payments to an independent insurance agent
- Minister's housing allowances unless Form 4361 is filed to opt out of Social Security (not subject to income tax)
- Income of employees of a church or church-controlled organization
- Income from independent contracting of services
- Income from street hustling, panhandling, and drug dealing
- Income from commercial fishing if working for a share of the catch
- Foreign-earned income excluded from income tax
- Income from selling and distributing newspapers and magazines
- Business interruption insurance payments
- Crop-sharing income
What’s Not Self-Employment Income?
- Income received as an employee of another company
- Income paid to your child if under 18 and your business is a sole proprietorship or partnership
- Dividends and interest
- Gain or loss from sale or exchange of capital assets or disposition of property not included as inventory or held for sale
- Incentive pay to salespeople in a dealership (auto dealer) but paid by the manufacturer
- Earnings and dividends of an S corporation provided shareholders take a reasonable salary.
- Income for services not performed on a continuous or regular basis (this is deemed a hobby)
Self-Employment Tax Traps
Each year the Treasury Department (IRS) publishes statistics on the types of returns that get audited, and those returns with self-employment income are always at the top of the list.
- Always keep self-employment activity and records separate from other expenses. Keep a separate checking and savings account for your self-employment activities. The IRS is very quick to deem expenses as personal (non-deductible) expenses if your bank account commingles expenses.
- Do not confuse hobby and rental income activity as self-employment activity. The tax code applies separate laws to these two activities. If in doubt...ask.
- Remember the IRS treats all profits as if they are wages subject to Social Security and Medicare taxes (self-employment taxes). This is true whether you wish to distribute or retain your profits. Consider using alternative corporate structures if you want to avoid some of this tax.
Deductions
If you are self-employed, one of your biggest tax advantages is that you can deduct your business expenses directly against your income—regardless of whether you itemize your deductions. You are not subject to the 2% of adjusted gross income threshold that applies to an employee’s out-of-pocket business-related expenses. As a self-employed individual, your business expenses reduce the amount of your income that is subject to the self-employment tax (FICA), while the unreimbursed business expenses of an employee do nothing to reduce their FICA tax.
Self-employed Health Insurance
Another major tax deduction provided by the IRS to the self-employed is the ability to deduct a large portion of your medical insurance costs. Under certain circumstances, if you hire your spouse as a bona fide employee and provide health insurance, 100% of the cost of the insurance may be deductible. Similarly, a written self-insured medical reimbursement plan may be a 100% deductible expense and enable you to provide tax-free reimbursement of uninsured medical costs to employees for things like co-payments, prescriptions, and vision and dental care.
A worksheet to track the most common allowable trade or business-related expenses is provided on the reverse side of this brochure.
Explore trusted tax tools and guides from Advantax to stay informed and confident in your tax planning. Need help? Call Kroeger-Miller CPA, LLC at
865-984-5710.