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Deductibility - Rental Interest

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    Deductibility - Rental Interest

    Situation: Taxpayer owns three rental properties, free and clear of debt. Taxpayer undergoes an overhaul of his personal finances, which leads to the following:

    1) Borrows $100,000 against Property #1 of his three rental properties (all residential property).
    2) Spends $50,000 of proceeds in badly needed repairs for all three rental properties.
    3) Spends remaining $50,000 to pay off personal auto, credit cards, misc personal debt.

    He will receive a 1098 from the mortgage company for appx $5000. How can he maximize the deductibility of this interest? If I understand deductibility, he can only allocate $2500 among the three rental properties as interest expense, and is not entitled to deduct the remaining $2500.

    [Just a reminder -- if he goes to a storefront tax shop, most likely someone will just simply keypunch the entire $5000 as an allowable deduction against rental property #1 on Sch E. We have had recent discussions where ignorance serves the taxpayer better than knowledge.]

    Notice also, that with the repairs, he should already have substantial deductions, as only some $20K would have to be depreciated. Notwithstanding, the question as presented deals only with the deductibility of interest. He will most likely have a non-deductible rental loss because of income level, but we want to capture the full amount of interest to write off against future rental profits.
    Last edited by Golden Rocket; 10-10-2007, 08:00 PM.

    #2
    Originally posted by Golden Rocket View Post
    He will receive a 1098 from the mortgage company for appx $5000. How can he maximize the deductibility of this interest? If I understand deductibility, he can only allocate $2500 among the three rental properties as interest expense, and is not entitled to deduct the remaining $2500.
    That is correct. You trace the loan to the three rentals and follow it through from year to year. I've found diagraming it out helps me remember from year to year and I sometimes put a copy in their return, for the tax shop, who tells them not all the interest in on their return.

    [Just a reminder -- if he goes to a storefront tax shop, most likely someone will just simply keypunch the entire $5000 as an allowable deduction against rental property #1 on Sch E. We have had recent discussions where ignorance serves the taxpayer better than knowledge.
    Someone pointed out very correctly in a post long ago that this kind of thing may be good financial decision making. Just because he can't deduct the portion spent on personal items, he is now possibly debt free and better off than if he only considered the tax issue.

    Who cares what the tax shop may do or not do. If that's all our clients want then... well I don't know what but they can go there if they want or they can stay with an educated tax expert like yourself.
    JG

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      #3
      14-day rule

      Taxpayer actually slept in one of these houses for about 30 days in makeshift accommodations while repairs were done. Since this is more than 14 days, does this mean the interest can all be moved to Schedule A? I wouldn't call this exactly "living" but it was certainly unavailable for rent so long as he was in there.

      Assuming he can do this, however, will he lose deductibility of the loss. Looks like he would win the battle but lose the war...

      Comment


        #4
        Personal use test

        See Pub 527 page 8

        If you live in a rental unit in order to repair and maintain it you need not count those day's as personal use.
        Last edited by RLymanC; 10-12-2007, 01:37 AM.
        Confucius say:
        He who sits on tack is better off.

        Comment


          #5
          Thanks to All

          ...who have responded. The taxpayer and I will optimize the options we have. Doesn't sound like there are that many.

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