What to Know About Real Estate Taxes

In this blog post, we will explore the key tax considerations and benefits of owning rental real estate, empowering you to make informed decisions and optimize your tax strategy.

Investing in rental real estate can be an excellent source of passive income and long-term wealth generation. However, as a responsible real estate investor, it is crucial to be aware of the tax implications associated with rental properties. In this blog post, we will explore the key tax considerations and benefits of owning rental real estate, empowering you to make informed decisions and optimize your tax strategy.

Rental Income and Taxable Deductions:

Rental income received from tenants is considered taxable income. It is important to accurately report rental income on your tax returns, including any payments received in cash or through alternative methods. However, it’s worth noting that you may be eligible to deduct various expenses associated with your rental property, such as mortgage interest, property taxes, insurance, repairs, maintenance, property management fees, and depreciation. These deductions can significantly offset your rental income, reducing your overall tax liability.

Depreciation: A Valuable Tax Benefit

Depreciation is a powerful tax benefit available to rental property owners. The IRS allows you to deduct the cost of the property over its useful life as a non-cash expense. This means you can deduct a portion of the property’s value each year as depreciation, even if the property is appreciating in value. Depreciation not only reduces your taxable rental income but may also be able to generate losses to offset other income, potentially resulting in significant tax savings.

Capital Gains Tax and 1031 Exchanges

When you sell a rental property for a profit, you may be subject to capital gains tax. The capital gains tax rate depends on various factors, such as your income level and how long you held the property. However, there is a valuable tax strategy called a 1031 exchange (also known as a like-kind exchange) that allows you to defer paying capital gains tax by reinvesting the proceeds from the sale into another investment property. This powerful tool can help you grow your real estate portfolio and defer tax payments, potentially maximizing your investment returns.

Passive Activity Losses and Real Estate Professional Status

Rental real estate is generally considered a passive activity for tax purposes. This means that losses generated from rental activities are typically considered passive losses. However, if you qualify as a real estate professional under IRS rules, you may be able to offset other sources of income with your rental real estate losses. To qualify, you must meet specific criteria, including spending a significant amount of time in real estate activities and meeting certain material participation tests. This distinction can have a significant impact on your overall tax situation.

Short-Term Rentals and Airbnb Income

The rise of short-term rental platforms like Airbnb has created new opportunities for real estate investors. It’s essential to understand that income generated from short-term rentals is generally taxable, and you must report it accordingly. Short-term rental income may be considered to be active income for tax purposes rather than passive income. This is because the activity may qualify to be taxed as a trade or business activity. As a result, the income generated from short-term rentals may be subject to self-employment taxes in addition to regular income taxes. However, if a short term rental activity has a loss, then the passive activity loss limitations may not apply.

Conclusion

Owning rental real estate can be a financially rewarding venture, but it comes with important tax considerations. Understanding the tax implications associated with rental properties allows you to optimize your tax strategy, minimize your tax liability, and maximize your return on investment. However, tax laws are complex and subject to change, so it is advisable to consult with a qualified tax professional who specializes in real estate to ensure compliance and make informed decisions based on your unique circumstances. By proactively managing your tax obligations, you can unlock the full potential of your rental real estate investments while staying on the right side of the tax code.

Disclaimer: The information provided above is not meant to be legal or tax advise. You should consult your CPA and attorney to determine the best course of action for your situation.

Mitzi E. Sullivan, CPA is a cloud based professional services provider
specializing in cloud accounting.

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Economic Nexus

In 2018, the Supreme Court overruled the previous ruling that states can only require sellers to collect tax when they have a physical presence in the state. Now, states can require tax collection responsibilities on sellers who have an economic presence without a physical presence.

Many online retailers sell products all over the United States. Out of state sales without a physical presence can still trigger tax obligations in other states. Most states have economic nexus which is a threshold set by the state requiring the out of state seller to collect and remit sales tax. Economic nexus is triggered by reaching a certain amount of sales and/or number of sales transactions in another state.

If you reach any of the nexus thresholds, you must collect and remit sales tax in those states. If you do not reach the nexus threshold, you will collect and remit sales tax in the state your business is located in.

Disclaimer: The information provided above is not meant to be legal or tax advise. You should consult your CPA and attorney to determine the best course of action for your situation.

Mitzi E. Sullivan, CPA is a cloud based professional services provider specializing in cloud accounting.

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Defer Taxes with a Drop and Swap on Your 1031 Property

When all the partners don’t agree on what to do with the proceeds from the sale of real property, executing a “drop and swap” allows real estate investors to “drop” real property ownership from the LLC to individual partners as tenants in common (TIC) prior to selling the real property. The “drop” to individual partners as TIC should take place prior to the sale, allowing as much time as possible for the property to be “held for business or investment purposes” by the individual tenants. As with all 1031 exchanges, there is no clear rule in the tax code about how long before a sale the property must be owned by the tenants in common.

When the property is sold (the “swap”), the proceeds are divided among the TIC. Each individual can then decide whether to cash out and pay taxes or reinvest into another investment property and continue to defer taxes. 

Revenue Ruling 77-337 and Revenue Ruling 75-292 provide examples of exchanges that were disqualified due to transfers which occurred immediately before or after an exchange from or to an entity controlled by the taxpayer. 

Partners will want to ensure that the partners not involved in the 1031 Exchange (those that want to cash out) truly drop their interests in the partnership. If not, the IRS may recharacterize their TIC interests to partnership interests. Refer to Rev. Proc. 2002-22 for minimum “drop and swap” criteria. 

Be aware of two questions on the Form 1065, Schedule B:

Question 13 asks 

…during the current or prior tax year, the partnership distributed any property received in a like-kind exchange or contributed such property to another entity (other than entities wholly-owned by the partnership throughout the tax year)

 

Question 14 asks

 

 “At any time during the tax year, did the partnership distribute to any partner a tenancy-in-common or other undivided interest in partnership property?

 

It is best to negotiate and take title as individuals rather than entities.

 

Disclaimer: The information provided above is not meant to be legal or tax advise. You should consult your CPA and attorney to determine the best course of action for your situation.

Mitzi E. Sullivan, CPA is a cloud based professional services provider specializing in cloud accounting.

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