Tax Question: Residence to Rental, sold then bought another

Tax Question: Residence to Rental, sold then bought another

Investor · Carey, OH · Member since 2014 · 11 posts · 3 votes

Hi all...looking for some general guidance here if I may...

I purchased a home in 2001, lived in it for 2 years til ‘03, and converted to rental. Standard 30yr mortgage.

I never even knew to deduct depreciation until ~2014 when I finally began to expand into more real investment oops (have a total of 4 rentals now). I went 11 years without claiming the depreciation on taxes for that property. Fast forward to Nov 2019, I sold that property and bought another (nicer) property at auction 2 days later.

When I closed in December, the title agent mentioned, if you lived in it, you “shouldn’t” owe capital gains. Also, I believe my “like-kind” purchase shortly after the sale of the property should also (or alternatively) allow me to avoid capital gains. Thoughts?

Another nuance is, back to limited depreciation claim), as I’m using software (credit karma) for taxes, as I’ve attempted to navigate through, in question form I was asked to report “allowable depreciation”. I only claimed it to offset income for a few years. If I DO in fact owe capital gains, MUST I report total “allowable” depreciation or just what I claimed on taxes over last few years?

Sorry for rambling...Ive looked around for similar circumstances but haven’t found anything.

Thanks so much even if general advice (not to be construed as tax advice).

Thanks,

Jason

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  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    6y

    @Jason Hill

    I will give you some pointers, but yours is not a DIY project, no matter what software you use. If you do not want to overpay taxes in your situation, you need professional help. That said...

    1. "The title agent mentioned..." Argh, he should not be talking about things he does not understand. You had a 3-yr window after moving out to sell the property tax-free. You do owe taxes now.

    2. Like-kind purchase does not count. If you wanted to pursue a like-kind exchange (aka 1031 exchange), you needed to engage a specialized company called a qualified intermediary before you sold the property. Game over by now, too late.

    3. You owe taxes on the property appreciation (increase in its value between 2001 and 2019) PLUS taxes on all depreciation that you could have taken (which is what "allowable" means). It's more than you expected, I'm pretty sure.

    4. Because of the depreciation recapture tax mentioned in #3, you have to adjust for the depreciation that you did not take in the old years. It is not too late to do so, but it is a complicated procedure that requires a specialist familiar with it.

    5. You might still be able to delay capital gain taxes, but it also requires professional advice.

    Good luck!

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