Tax implications for deciding not to rent out property

Tax implications for deciding not to rent out property

Member since 2020 · 4 posts · 1 vote

We are in the process of buying our first investment property. We aren't going to do this as a regular thing. Our situation is that we wanted to purchase a home in the area we want to move to in a couple of years and then rent it out until we can actually move. This would make it so that we have someone else making the payments and would allow us to deduct things such as trips to the area and depreciation.

We are a week or less from closing (assuming no hiccups). The home will be financed as an investment property because our initial intention was to rent it out. Now COVID-19 has become an issue. We are concerned about getting a renter in that can simply choose not to pay and we cannot evict in our area due to COVID-19. We are also considering accelerating our timeline in regards to this home becoming our primary residence, so we don't want to get someone in with a lease just yet.

What can we do tax-wise? If we let the house sit vacant for the rest of the year, can we still claim it as an investment property and deduct our closing costs, depreciation, travel to close the deal, etc? How long can we leave it vacant without the IRS flagging us? Or are we stuck paying a higher interest rate as an investment property and not able to have any tax benefit? At that point, are we better off to change it to financing for a second home instead of an investment property, or are we too far into the process for that (we are just waiting for our appraisal and then we can close)?

The only thing we know definitively is that we want this house as our home for retirement and we don't want to rent it out for at least several months while we see how everything plays out in terms of the economy, landlord restrictions due to COVID-19, and whether or not we are going to move into the home sooner than we thought.

Advice is much appreciated.

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
6y

If you want to rent it for tax benefits, run ads that you can keep to prove you were trying to rent it out. If you find a qualified person you do need to rent it.

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    You have to be actively trying to get it rented for it to be in service as a rental and for those expenses to be deductible. 

    Some of those costs aren't deductible any way- closing costs, travel to obtain it ect will get rolled into your overall depreciable basis. 

    If you buy it to just sit empty til you move into it it's just a 2nd home for you and you're not allowed to depreciate it or deduct operating expenses. 

  • Member since 2020 · 4 posts · 1 vote
    6y

    Thank you for your reply. Is there a period of time that it can be empty before we have to rent it and still be able to treat it as an investment property?

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    If you want to rent it for tax benefits, run ads that you can keep to prove you were trying to rent it out. If you find a qualified person you do need to rent it.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y
    Originally posted by @Jo Jennings:

    Thank you for your reply. Is there a period of time that it can be empty before we have to rent it and still be able to treat it as an investment property?

     Since it's NEVER been rented prior any period of time at this point is not deductible. 

    It's never been an investment property. You need to actively begin listing it and actually trying to rent it. Once THAT happens then from that point forward it is an investment property. 

    Until that happens- or if that never happens, then operating expenses aren't deductible as a rental. 

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    @Natalie Kolodij

    I might be inclined to treat it as an investment after a deep conversation.  However -- just because it's an investment property does not mean it's a rental.

    OP should ask their tax advisor about investment treatment and making a Sec. 266 election.

    OP should also check state and local statue.  Some jurisdictions will revoke a certificate of occupancy if a building sits empty for too long and/or fine the owner.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y
    Originally posted by @Eamonn McElroy:

    @Natalie Kolodij

    I might be inclined to treat it as an investment after a deep conversation.  However -- just because it's an investment property does not mean it's a rental.

    OP should ask their tax advisor about investment treatment and making a Sec. 266 election.

    OP should also check state and local statue.  Some jurisdictions will revoke a certificate of occupancy if a building sits empty for too long and/or fine the owner.

     Based on the facts and circumstances we know here I'd struggle to classify this as an investment asset. 

    Want to try to rent it until you move there- sure. Want to hold it til its rented, sure look into 266. 

    But I want to buy a house as a primary and deduct everything against it for a  year while I have no intention of renting it- nope. 

  • Member since 2020 · 4 posts · 1 vote
    6y

    It's not that we have no intention of renting it. It's that for now we want to hold off for several months, possibly until the end of the year, so that we can see how the fallout from the pandemic plays out. In the meantime, we may accelerate our plans to move and move by the end of the year. However, our plan was 100% to rent it out immediately and for several years, until about 3 days ago. Now, we are trying to figure out what our options are considering the huge curveball that has been thrown at us and everyone else due to COVID-19. Had we known ahead of time that this was going to happen, we very well may have financed this as a second home instead of an investment and saved quite a bit on interest. But two weeks ago when we started the process, our plans were to rent it for at least 3 years, likely 5 years, before moving. 

    We definitely don't want to be dishonest. We are just trying to figure out what we can do at this point with the new circumstances. 

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y
    Originally posted by @Jo Jennings:

    It's not that we have no intention of renting it. It's that for now we want to hold off for several months, possibly until the end of the year, so that we can see how the fallout from the pandemic plays out. In the meantime, we may accelerate our plans to move and move by the end of the year. However, our plan was 100% to rent it out immediately and for several years, until about 3 days ago. Now, we are trying to figure out what our options are considering the huge curveball that has been thrown at us and everyone else due to COVID-19. Had we known ahead of time that this was going to happen, we very well may have financed this as a second home instead of an investment and saved quite a bit on interest. But two weeks ago when we started the process, our plans were to rent it for at least 3 years, likely 5 years, before moving. 

    We definitely don't want to be dishonest. We are just trying to figure out what we can do at this point with the new circumstances. 

    You can potentially capitalize carrying costs until that point, but until a rental is placed in service it's expenses are not deductible. 

    I don't think that choosing to purposely delay the date of which the rental is first available by choice makes it "in service" at the time of that choice. 

    It's ready and available for rent sooner- but you're making the choose to not go that route now or to wait. 

    It's like choosing to not open a business right now due to circumstances, you can't deduct expenses you would have incurred had you opened it. You never opened it. 

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

    @Jo Jennings

    I agree with what my colleagues said earlier. I want to add an important point: the decisions on how to treat it for taxes will be made a year from now, while working on your 2020 taxes. By that time, there will be more clarity of what happens with the property.

    Discussing it now is more like discussing what college your kid will go to before she graduated from her preschool. (Well, I know people who do that.)

    My only recommendation for now is to open a separate bank account for everything related to this property, make sure that all related expenses are channeled thru this account, and only expenses related to this property. Also, document any actions and conversations you have about potential business use of this property. Then, connect with a tax professional later in the year.

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