• Sale of Rental Property

    From Michael Bratt@21:1/5 to All on Tue Apr 25 19:53:10 2023
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in depreciation
    was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the basis from
    $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions point to
    a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA

    --
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  • From Taxed and Spent@21:1/5 to Michael Bratt on Sat Apr 29 16:55:20 2023
    On 4/25/2023 4:53 PM, Michael Bratt wrote:
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in
    depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce
    the basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions point
    to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA


    Seeing no takers yet, I will add my one cent (not the whole two cents
    worth).

    Who is the client? Sounds like an individual taxpayer.

    Was this Trade or Business Property? If so, Form 4797. If not, Form 8949.

    I think that, generally, an individual owning rental property is not in
    a Trade or Business.

    Seriously, this is only once cent worth.

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Alan@21:1/5 to Taxed and Spent on Sun Apr 30 18:51:09 2023
    On Saturday, April 29, 2023 at 2:00:17 PM UTC-7, Taxed and Spent wrote:
    On 4/25/2023 4:53 PM, Michael Bratt wrote:
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in
    depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the
    basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions point
    to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA

    Seeing no takers yet, I will add my one cent (not the whole two cents
    worth).

    Who is the client? Sounds like an individual taxpayer.

    Was this Trade or Business Property? If so, Form 4797. If not, Form 8949.

    I think that, generally, an individual owning rental property is not in
    a Trade or Business.

    Seriously, this is only once cent worth.
    --

    Rental property is considered business property by the IRS. As such, the sale gets reported on Form 4797.

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Taxed and Spent@21:1/5 to Alan on Tue May 2 11:09:54 2023
    On 4/30/2023 3:51 PM, Alan wrote:
    On Saturday, April 29, 2023 at 2:00:17 PM UTC-7, Taxed and Spent wrote:
    On 4/25/2023 4:53 PM, Michael Bratt wrote:
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in
    depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the
    basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions point
    to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA

    Seeing no takers yet, I will add my one cent (not the whole two cents
    worth).

    Who is the client? Sounds like an individual taxpayer.

    Was this Trade or Business Property? If so, Form 4797. If not, Form 8949.

    I think that, generally, an individual owning rental property is not in
    a Trade or Business.

    Seriously, this is only once cent worth.
    --

    Rental property is considered business property by the IRS. As such, the sale gets reported on Form 4797.


    I don't doubt you, but where might one find that tid bit in the IRS documentation?

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Alan@21:1/5 to Taxed and Spent on Wed May 3 00:14:18 2023
    On Tuesday, May 2, 2023 at 8:12:45 AM UTC-7, Taxed and Spent wrote:
    On 4/30/2023 3:51 PM, Alan wrote:
    On Saturday, April 29, 2023 at 2:00:17 PM UTC-7, Taxed and Spent wrote:
    On 4/25/2023 4:53 PM, Michael Bratt wrote:
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in
    depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the
    basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions
    point to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA

    Seeing no takers yet, I will add my one cent (not the whole two cents
    worth).

    Who is the client? Sounds like an individual taxpayer.

    Was this Trade or Business Property? If so, Form 4797. If not, Form 8949. >>
    I think that, generally, an individual owning rental property is not in
    a Trade or Business.

    Seriously, this is only once cent worth.
    --

    Rental property is considered business property by the IRS. As such, the sale gets reported on Form 4797.

    I don't doubt you, but where might one find that tid bit in the IRS documentation?
    --
    https://www.irs.gov/faqs/sale-or-trade-of-business-depreciation-rentals

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Taxed and Spent@21:1/5 to Alan on Wed May 3 11:08:29 2023
    On 5/2/2023 9:14 PM, Alan wrote:
    On Tuesday, May 2, 2023 at 8:12:45 AM UTC-7, Taxed and Spent wrote:
    On 4/30/2023 3:51 PM, Alan wrote:
    On Saturday, April 29, 2023 at 2:00:17 PM UTC-7, Taxed and Spent wrote: >>>> On 4/25/2023 4:53 PM, Michael Bratt wrote:
    We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked
    outside the country. He sold it in 2022.

    Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in
    depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the
    basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

    Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions
    point to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

    I should know this. Thanks for any help in facing me forward.

    Michael Bratt
    AFSP Arlington, VA

    Seeing no takers yet, I will add my one cent (not the whole two cents
    worth).

    Who is the client? Sounds like an individual taxpayer.

    Was this Trade or Business Property? If so, Form 4797. If not, Form 8949. >>>>
    I think that, generally, an individual owning rental property is not in >>>> a Trade or Business.

    Seriously, this is only once cent worth.
    --

    Rental property is considered business property by the IRS. As such, the sale gets reported on Form 4797.

    I don't doubt you, but where might one find that tid bit in the IRS
    documentation?
    --
    https://www.irs.gov/faqs/sale-or-trade-of-business-depreciation-rentals


    Thanks. I think I gave the right answer.

    "Report the gain or loss on the sale of rental property on Form 4797,
    Sales of Business Property or on Form 8949, Sales and Other Dispositions
    of Capital Assets depending on the purpose of the rental activity.
    Individuals typically use Schedule D (Form 1040), Capital Gains and
    Losses together with Form 4797 or Form 8949."

    "Rental property is income-producing property and, if you're in the
    trade or business of renting real property, report the loss on the sale
    of rental property on Form 4797, Sales of Business Property. Normally,
    you transfer the loss as an ordinary loss to line 4 of Schedule 1 and
    attach it to Form 1040, U.S. Individual Income Tax Return or Form
    1040-SR, U.S. Tax Return for Seniors. If your rental activity doesn't
    rise to the level of a trade or business, but instead is held for
    investment or for use in a not-for-profit activity, the loss is a
    capital loss. Report the loss on Form 8949, Sales and Other Dispositions
    of Capital Assets in Part I (if the transaction is short term) or Part
    II (if the transaction is long term). "

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)