Investor · Roseville, CA · Member since 2016 · 3 posts · 0 votes
My question is for a single family residence do I need the deed in my name to gain the advantage of depreciation on my taxes? As I understand it in Missouri one can depreciate a SFR on their own tax return even if the deed is not in their name, assuming they are the one paying the mortgage. I'm buying a SFR 'subject to' here in CA, I'm a CA resident, and my company is located here in CA.
Thanks in advance for any input and Happy New Year!
Sorry, sounds like you've heard of a lot of industry terms and creative strategies but are not really sure on how it all works. This is a complicated deal you're trying to pull off, and new investors are usually better off sticking to the simpler ones. If you're determined to proceed on this deal, I highly recommend you find an experienced local investor to hold your hand thru it. The risk of losing a lot of money on this one is high.
To your depreciation question: the person entitled to depreciation is the person who is considered the legal owner. Usually, but not always, it is the person whose name is on the title. Whose name is on the mortgage does not directly affect the ownership and depreciation. In your case, the little details on how it is structured can change who is considered the owner. Some lease option deals are considered leases, and others are considered sales. Did I mention it's a complicated thing?
I've not heard of separate state/local treatment of this issue...
Generally speaking deductions are properly allocable to the return of the taxpayer that bears the burden of risk of loss. This means it doesn't really matter who is paying the mortgage, it matters what taxpayer is named in the mortgage and what taxpayer is on the title.
I have seen scenarios in which parents "give" a rental to a child. The title and mortgage aren't transferred, but the child effectively takes over and begins making payments on the mortgage with the rental income. It's not clean...you run into gift tax issues...property management issues (Sch C) for the child...profit motive/no profit motive for the parent (which drives depreciation) depending on intent, facts, and circumstances.
It would help if we knew all of the facts. Or is this a hypothetical question.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
Ina sub2 deal, Title IS in your name as the buyer, which is what matters for depreciation, outside of perhaps a contract for deed. The state it’s in has nothing to do with it.
Investor · Roseville, CA · Member since 2016 · 3 posts · 0 votes
7y
Thanks so much for the input guys, this is a real deal I’m currently working out with a seller. The seller wants to maintain their name on the deed, I would pay the mortgage and fill the property with a lease option buyer and I would stay in the middle. I’m looking to buy on an option and sell on a lease option. The mortgage would stay in the seller’s (current owner) name and the deed would stay in his name as well. To Eamonn’s point, if I’m paying a mortgage but the mortgage is still in the owner’s name then the owner is bearing the risk of loss correct?
There’s a lot of moving parts to this. :-)
So to clarify, do both the mortgage and the deed have to be in my name for me to get the depreciation benefit?
Sorry, sounds like you've heard of a lot of industry terms and creative strategies but are not really sure on how it all works. This is a complicated deal you're trying to pull off, and new investors are usually better off sticking to the simpler ones. If you're determined to proceed on this deal, I highly recommend you find an experienced local investor to hold your hand thru it. The risk of losing a lot of money on this one is high.
To your depreciation question: the person entitled to depreciation is the person who is considered the legal owner. Usually, but not always, it is the person whose name is on the title. Whose name is on the mortgage does not directly affect the ownership and depreciation. In your case, the little details on how it is structured can change who is considered the owner. Some lease option deals are considered leases, and others are considered sales. Did I mention it's a complicated thing?
Investor · Roseville, CA · Member since 2016 · 3 posts · 0 votes
7y
Thanks Michael, I really appreciate the feedback. I'll have a local person help me with this one but I really want to make sure I understand all the possibilities and details.