Filing for Depreciation will be a costly mistake for me atm? 24h

Filing for Depreciation will be a costly mistake for me atm? 24h

Member since 2018 · 7 posts · 0 votes

Hello.  In trying to help my mom after my dad passed away Christmas, I rented my place out.  Having never done this, and rushed by the deadline to file taxes, I'm confused on some points.  On advise pages it's suggested to take the amount the home depreciates into account.  However, I came across a page with how doing so could be a costly mistake for some depending on their tax bracket.  This page can be googled by searching for "Property Depreciation: Why the Tax Benefits Could Come Back to Bite You" - shows stressed guy in front of laptop. -  A home depreciates every year.   So this depreciation can be counted as costs out of any income made to offset those losses.  

I'm in the low 15% tax bracket atm.  In figuring out my taxes, I seems I only owe a few hundred dollars.  Let's pretend $500 for now.   The article points out that if the home is sold later, the IRS wants this paid back in recapture fees at standard rate of 25%, regardless of if the person is in the 15%, 25%, 28% or whatever bracket.  So it's point seems to be that people in a low tax bracket could lose more money in the long run.  But some people who don't file the depreciation also lose money if they are in higher tax brackets.  It all depends on what they bring in that year.  If I understand it, I think I'm going to lose money down the road by claiming depreciation.  But was hoping someone more knowledgeable could confirm what I think is true or not before I attempt to file taxes by tomorrow.

The web gives 3 tax bracket examples of 15%, 25% and 28%.  Example:  "Dave buys a single family rental for $100,000 and determines that his improvement ratio is 90%. Therefore, his improvements are valued at $90,000 (0.90 x $100,000) and will be his cost basis for depreciation. Dave’s annual depreciation will be $3,723 ($90,000/27.5).   Assuming that his annual depreciation brings his Net Operating Income (NOI) to $0.00 each year, Dave saves $491 annually (0.15 x $3,723). If Dave holds the property for ten years and then sells it, his ten years’ worth of depreciation will have saved him $4,910, a solid savings indeed.  But what Dave doesn’t realize, likely because Dave didn’t consult with a real estate savvy accountant, is that Dave has to repay the total depreciation taken at a 25% rate. The total amount of depreciation Dave took over ten years was $32,730, meaning his recapture taxes amount to $8,183. Annual depreciation actually costs Dave $3,273."

*** It then gives 25% example and shows how that person doesn't really lose and so on.  Going to the site to see their chart makes it easier to understand.  Anyway, in my case, my depreciation is higher than the example..   Yet due to the the fact I didn't make that much this year, in 15% bracket, I only owe a few hundred.   Therefore I could easily be tempted to wipe out what I owe by filing the depreciation so that I would wind up owing zero taxes.   But if the article is correct, and I go to sell the home later, I would owe 25% of whatever depreciation I took this year later on down the road.  If we use the above example and pretend I own Dave's place, and then sold it, I'd owe $8,183 for this year to be paid in the future as recapture fees...   But I just said I only owe about $500 in taxes this year.   So for me, that would mean I'd actually lose $8,183 - $500 = I would lose $7,683 when I go to sell the place years later.   To top it off, I don't even know if there's any cumulative or recurring fees on this.  

Now that might not be a bad thing if I made enough so that I owed more than $7,683 in taxes this year, because it would just even out later.   IT seems hard to believe, but again, it looks like If I file depreciation, I will lose big time.  Can anyone confirm I'm looking at this the right way?   Because most people are (hopefully) in a better position, with a rental and alternate income.  They make more money and therefore take the depreciation etc.  But this is not my case this year.  

It's the 16th, and I only have until tomorrow to file taxes.  The only income is the rental right now.  With no suggestions, I will likely just not take the deprecation because I think the article is correct.  And that's scary to think I'd lose nearly 8 grand.   But any help, ideas or guidance would be greatly appreciated since I'm totally new to what I'm trying to do here.  Thanks.

https://www.biggerpockets.com/renewsblog/2015/08/23/depreciation-bite/

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
8y

Whether you decide to take depreciation or not, when you sell the property the IRS will recapture the depreciation regardless of whether it was taken or not.

See this reply in the discussion

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    8y

    Whether you decide to take depreciation or not, when you sell the property the IRS will recapture the depreciation regardless of whether it was taken or not.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    I do it believe that is true. I believe you will be taxed for the recapture when you sell at your then tax rate, up to a Maximum of 25%. As Russell points out, the irs will impute it st the sale anyway whether or not you took the deduction each year.
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Autocorrect mistake.....”I Don’t believe that is true”....
  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    8y

    @John Jones

    The IRS will calculate the depreciation upon the sale of the property if you used it as a rental.

    Furthermore - depreciation recapture is up-to 25%.
    If you are in the 12% tax bracket - you will pay 12% instead of 25% on depreciation recapture
    if you are in the 37% tax bracket - you will pay 25% on depreciation recapture

  • Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Basit Siddiqi:

    @John Jones

    The IRS will calculate the depreciation upon the sale of the property if you used it as a rental.

    Furthermore - depreciation recapture is up-to 25%.
    If you are in the 12% tax bracket - you will pay 12% instead of 25% on depreciation recapture
    if you are in the 37% tax bracket - you will pay 25% on depreciation recapture

    I didn't know that. Thanks for the info. 

  • Member since 2018 · 7 posts · 0 votes
    8y

    Very interesting.   After what you both said, I tried to figure out approximate figures for both scenarios and it seems I come out further ahead by taking depreciation, regardless of income.  The article almost made it seem if someone made a correct choice by being 'savvy', they would avoid taking depreciation and make out better.. But it doesn't seem to be the case.  I'm so close to the deadline, but hopefully I can figure it all out by tomorrow.  From the advise given here, I feel like I better understand that part now and will take the depreciation.   Thanks to both of you.

  • Member since 2018 · 7 posts · 0 votes
    8y

    oh, ok, I didn't see the corrected posts, (autocorrect) and additional ones.  So you don't think it's true, which has me thinking more, but looks like maybe it's not quite as bad as I originally thought, if that's the part you don't think is true.  Also didn't see the new post from Basit.   Makes me wonder if I they only look at tax bracket a person is in at the year of sale or average things out.  Very interesting.  thank you.  Being new to this, and as the night goes on (lots of coffee), what's easy for the pros makes my head spin a bit, lol.  But It's good to know people here know their stuff.  I'll be looking at all this to get hopefully get a better picture, that is before I'm forced to file.   Thanks again.

  • Cost Segregation Specialist · Naperville, IL · Member since 2016 · 204 posts · 168 votes
    8y

    @John Jones Sure it'd be better if you were at the top tax bracket to take the depreciation, but it's better to take it regardless of where you sit. Paying $0 in taxes this year is better than paying $500 in taxes this year. Furthermore if it zeros out your tax bill it'll carry forward and reduce your taxes for next year. 

    Say you sell the property in 10 years and you're at the top tax bracket then. You'd pay recapture at 25%, but along the way your bracket has gone up over 25% so it's a huge discount on the payback. If you're still under 25% you'd payback at that lower rate, so the article is incorrect. A big thing people don't seem to understand with this is that you're getting the deduction in today's dollars and paying it back in future dollars which are worth less due to inflation. 

    This is an oversimplification, but if you take a $10,000 deduction today and pay it back in 10 years and average inflation is 2% per year that $10,000 in future dollars would only be worth $8,000 in today's dollars. Couple that with the fact that you're getting hit with recapture when you sell whether you take the depreciation or not and it should be clear that you should take it.

    Alternatively you could not take it and file Form 3115 in the future to catch up on missed depreciation, but that'll cost you a pretty penny to have a professional fill it out for you and likely not be worth the difference from jumping a bracket unless it's a high value property and you'd pair that with accelerated depreciation which doesn't seem to be the case here. 

    Just make sure you're using the correct numbers for depreciation. Only the improvement (building and land improvements) value is depreciable, the land value is not depreciable. On a rental the schedule is 27.5 years with a mid-month convention, so the month it became a rental is important that's when the depreciation starts, not the whole year. Also if you're only renting a portion of the property and still living in another portion the depreciation only applies to the rented portion.

    Note: I'm not a CPA, but I have studied the depreciation rules.

  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    8y
    You can file for an extension if you do not owe taxes...or you can overpay an estimate so lower chance of a penalty...and there is no penalty, giving you til oct.
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