4 Basic Tax Tips for Residential Rental Property
I completed my taxes, but I need to do a little more research (maybe even call the IRS hotline again: 1-877-777-4778) to confirm a few things before I submit the e-file button. The good news is, I don’t owe this year! Yay! So far, it appears that I will receive a refund from federal and state, primarily due to this money pit my rental property.
When I hired an accountant last year, I learned quite a few things about the tax treatment of residential rental property. Now that I’m doing my own taxes again this year, I’m learning even more. From IRS Publication 527 (Residential Rental Property), here are 4 basic tax tips for residential rentals that I thought were interesting:
1. Advance rent. Advance rent is any amount you receive before the period that it covers. Include advance rent in your rental income in the year you receive it regardless of the period covered or the method of accounting you use.
This was interesting to me because I remember when my tenants paid their December ’07, January ’08, and February ‘08 rent in December ‘07. Collecting rent early should be a good thing, but I was concerned that the advanced payment would increase my taxable income for 2007. When I blogged about it, a reader stated that the extra payments could be claimed as income for 2008 depending on my accounting method: accrual vs. cash. However, I learned this is NOT true. If you receive advanced rent, it as taxable income in the year you receive it, regardless of the accounting method used.
2. Security deposits. Do not include a security deposit in your income when you receive it if you plan to return it to your tenant at the end of the lease. But if you keep part or all of the security deposit during any year because your tenant does not live up to the terms of the lease, include the amount you keep in your income in that year.
This was interesting to me because I used to think the security deposit was taxable income. But after familiarizing myself with state rental laws, I learned that I have to keep the security deposit in a separate account and return the deposit plus accrued interest when the tenants move out – assuming all lease terms were honored. In that case, it isn’t really MY money. It’s more of an insurance or collateral for damages. However, if I do not return the security deposit, then I have to report it as income.
3. Vacant rental property. If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant. However, you cannot deduct any loss of rental income for the period the property is vacant.
This was interesting to me because I had a 2.5 month vacancy in 2008 – over $4k out of pocket and no rental income to offset it. Man, that hurt! But oh well, rules are rules. When the rental is vacant, loss rent is not deductible. On the same accord, if the rental is occupied, but the rent collected is less than the monthly mortgage payment, the difference is not deductible.
4. Local transportation expenses. You can deduct your ordinary and necessary local transportation expenses if you incur them to collect rental income or to manage, conserve, or maintain your rental property.
This was interesting to me because I live over 75 miles (one way) from my rental property. Between multiple trips when the property was vacant this summer and quarterly inspections when it is occupied, I racked up hundreds of miles. It’s also good to know that the 2008 standard mileage rate for business miles driven is 50.5 cents per mile. With the rising cost of gas this past summer, every little bit helps.
There is so much more to learn about the tax treatment of residential rental property. It’s enough to drive you to drinking! Between Sunday afternoon and Monday evening, I’ve emptied two bottles of Moscato. LOL! I tell you what though. I only plan to do this for one more tax year. I’ve decided that being a landlord is simply not for me.
[image credit: frugal.families.com]





