Department

of the

Treasury

Internal

Revenue

Service

Jan 27, 2023

Publication 527

Cat. No. 15052W

Residential Rental Property

(Including Rental of Vacation Homes)

For use in preparing

2022 Returns


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Contents

What’s New . . . . . . . . . . . . . . . . .	.		1
Reminders . . . . . . . . . . . . . . . . . .	.		2
Introduction . . . . . . . . . . . . . . . . .	.	2
Chapter 1. Rental Income and
Expenses (If No Personal Use		3
of Dwelling) . . . . . . . . . . . . . .	.
. . . . . . . . . . . . .RentalIncome	.		3
. . . . . . . . . . . .RentalExpenses	.		3
Chapter 2. Depreciation of		6
Rental Property . . . . . . . . . . . .	.
. . . . . . . . . . . . . . .TheBasics	.		6
Special Depreciation Allowance . . .	.		8
. . . . . . . . .MACRSDepreciation	.		8
Claiming the Correct Amount of		12
Depreciation . . . . . . . . . . . .
Chapter 3. Reporting Rental
Income, Expenses, and		12
Losses . . . . . . . . . . . . . . . . .
. . . . . . . . .WhichFormsToUse		12
. . . . . . . .LimitsonRentalLosses		12
. . . . . . . . . . .At-RiskRules		13
. . . . . .PassiveActivityLimits		13
. . . . . . . . .CasualtiesandThefts		14
. . . . . . . . . . . . . . . . .Example		14
Chapter 4. Special Situations . . . . . .		15
. . . . . . . . . . . . .Condominiums		15
. . . . . . . . . . . . . .Cooperatives		15
Property Changed to Rental Use . . .		15
. . . . . . . .RentingPartofProperty		16
. . . . . . . . . .NotRentedforProfit		16
Example—Property Changed to		16
Rental Use . . . . . . . . . . . . .
Chapter 5. Personal Use of
Dwelling Unit (Including		17
Vacation Home) . . . . . . . . . . . .
. . . . . . . . . . .DividingExpenses		17
Dwelling Unit Used as a Home . . . .		18
Reporting Income and		19
Deductions . . . . . . . . . . . . .
Worksheet 5-1. Worksheet for
Figuring Rental Deductions
for a Dwelling Unit Used as a		20
Home . . . . . . . . . . . . . . . .
Chapter 6. How To Get Tax Help . . . .		23
Index . . . . . . . . . . . . . . . . . . . . .		26

Future Developments

For the latest information about developments related to Pub. 527, such as legislation enacted after it was published, go to IRS.gov/Pub527.

What’s New

Standard mileage rate. For 2022, the stand-ard mileage rate for the cost of operating your car, van, pickup, or panel truck between Janu-ary 1, 2022, to June 30, 2022, is 58.5 cents per

mile. The business standard mileage rate from July 1, 2022, to December 31, 2022, is 62.5 cents per mile.

Excess business loss limitation. If you re-port a loss on line 26, 32, 37, or 39 of your Schedule E (Form 1040), you may be subject to a business loss limitation. The disallowed loss resulting from the limitation will not be reflected on line 26, 32, 37, or 39 of your Schedule E. In-stead, use Form 461 to determine the amount of your excess business loss, which will be in-cluded as income on Schedule 1 (Form 1040), line 8p. Any disallowed loss resulting from this limitation will be treated as a net operating loss that must be carried forward and deducted in a subsequent year.

See Form 461 and its instructions for details on the excess business loss limitation.

Section 179 deduction dollar limits. For tax years beginning in 2022, the maximum section 179 expense deduction is $1,080,000. This limit is reduced by the amount by which the cost of section 179 property placed in service during the tax year exceeds $2,700,000.

Form 7205, Energy Efficient Commercial Buildings Deduction. This new form and its separate instructions are used to claim the IRC 179D deduction for qualifying energy efficient commercial building expense(s).

Qualified paid sick leave and qualified paid family leave payroll tax credit. The amount of any payroll tax credit taken by an employer for qualified paid sick leave and qualified paid family leave under the Families First Coronavi-rus Response Act (FFCRA) and the American Rescue Plan Act (ARP) must be included in in-come. See Form 941, lines 11b, 11d, 13c, and 13e; and Form 944, lines 8b, 8d, 10d, and 10f. You must include the full amount (both the re-fundable and nonrefundable portions) of the credit for qualified sick and family leave wages in gross income on line 3 or 4, as applicable, for the tax year that includes the last day of any cal-endar quarter with respect to which a credit is allowed.

Note. A credit is available only if the leave was taken after March 31, 2020, and before Oc-tober 1, 2021, and only after the qualified leave wages were paid, which might, under certain circumstances, not occur until a quarter after September 30, 2021, including quarters during 2022. Accordingly, all lines related to qualified sick and family leave wages remain on the em-ployment tax returns for 2022.

Reminders

Net Investment Income Tax (NIIT). You may be subject to the NIIT. NIIT is a 3.8% tax on the lesser of net investment income or the excess of modified adjusted gross income (MAGI) over the threshold amount. Net investment income may include rental income and other income from passive activities. Use Form 8960 to figure this tax. For more information on NIIT, go to IRS.gov/NIIT.

Self-employed tax payments deferred from 2020. If you elected to defer self-employed tax payments from 2020, see How self-employed individuals and household employers repay

Page 2

deferred Social Security tax for more informa-tion about due dates and payment options. Photographs of missing children. The Inter-nal Revenue Service is a proud partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you rec-ognize a child.

Introduction

Do you own a second house that you rent out all the time? Do you own a vacation home that you rent out when you or your family isn't using it?

These are two common types of residential rental activities discussed in this publication. In most cases, all rental income must be reported on your tax return, but there are differences in the expenses you are allowed to deduct and in the way the rental activity is reported on your re-turn.

Chapter 1 discusses rental-for-profit activity in which there is no personal use of the prop-erty. It examines some common types of rental income and when each is reported, as well as some common types of expenses and which are deductible.

Chapter 2 discusses depreciation as it ap-plies to your rental real estate activity—what property can be depreciated and how much it can be depreciated.

Chapter 3 covers the reporting of your rental income and deductions, including casualties and thefts, limitations on losses, and claiming the correct amount of depreciation.

Chapter 4 discusses special rental situa-tions. These include condominiums, coopera-tives, property changed to rental use, renting only part of your property, and a not-for-profit rental activity.

Chapter 5 discusses the rules for rental in-come and expenses when there is also per-sonal use of the dwelling unit, such as a vaca-tion home.

Finally, chapter 6 explains how to get tax help from the IRS.

Sale or exchange of rental property. For in-formation on how to figure and report any gain or loss from the sale, exchange, or other dispo-sition of your rental property, see Pub. 544.

Sale of main home used as rental prop-erty. For information on how to figure and re-port any gain or loss from the sale or other dis-position of your main home that you also used as rental property, see Pub. 523.

Tax-free exchange of rental property oc-casionally used for personal purposes. If you meet certain qualifying use standards, you may qualify for a tax-free exchange (a like-kind or section 1031 exchange) of one piece of rental property you own for a similar piece of rental property, even if you have used the rental property for personal purposes.

For information on the qualifying use stand-ards, see Revenue Procedure 2008-16, 2008-10 I.R.B. 547, available at IRS.gov/irb/

2008-10_IRB#RP-2008-16. For more informa-tion on like-kind exchanges, see chapter 1 of Pub. 544.

Comments and suggestions. We welcome your comments about this publication and sug-gestions for future editions.

You can send us comments through IRS.gov/FormComments. Or, you can write to the Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224.

Although we can’t respond individually to each comment received, we do appreciate your feedback and will consider your comments and suggestions as we revise our tax forms, instruc-tions, and publications. Don’t send tax ques-tions, tax returns, or payments to the above ad-dress.

Getting answers to your tax questions. If you have a tax question not answered by this publication or the How To Get Tax Help section at the end of this publication, go to the IRS In-teractive Tax Assistant page at IRS.gov/ Help/ITA where you can find topics by using the search feature or viewing the categories listed.

Getting tax forms, instructions, and pub-lications. Go to IRS.gov/Forms to download current and prior-year forms, instructions, and publications.

Ordering tax forms, instructions, and publications. Go to IRS.gov/OrderForms to order current forms, instructions, and publica-tions; call 800-829-3676 to order prior-year forms and instructions. The IRS will process your order for forms and publications as soon as possible. Don’t resubmit requests you’ve al-ready sent us. You can get forms and publica-tions faster online.

Useful Items

You may want to see:

Publication

463 Travel, Gift, and Car Expenses

523 Selling Your Home

534 Depreciating Property Placed in

Service Before 1987

	535	Business Expenses


	544	Sales and Other Dispositions of

		Assets
	547	Casualties, Disasters, and Thefts


	551	Basis of Assets


	925	Passive Activity and At-Risk Rules


	946	How To Depreciate Property


Form (and Instructions)
	461	Excess Business Loss Limitation

4562	Depreciation and Amortization
5213	Election To Postpone Determination
	as To Whether the Presumption
	Applies That an Activity Is Engaged
	in for Profit
7205	Energy Efficient Commercial
	Buildings Deduction

Publication 527 (2022)

8582 Passive Activity Loss Limitations

8960 Net Investment Income

Tax—Individuals, Estates, and Trusts

Schedule E (Form 1040) Supplemental

Income and Loss

1.

Rental Income

and Expenses (If

No Personal Use

of Dwelling)

This chapter discusses the various types of rental income and expenses for a residential rental activity with no personal use of the dwell-ing. Generally, each year, you will report all in-come and deduct all out-of-pocket expenses in full. The deduction to recover the cost of your rental property—depreciation—is taken over a prescribed number of years, and is discussed in chapter 2.

If your rental income is from property

you also use personally or rent to CAUTION someone at less than a fair rental price, first read chapter 5.

Rental Income

In most cases, you must include in your gross income all amounts you receive as rent. Rental income is any payment you receive for the use or occupation of property. It isn’t limited to amounts you receive as normal rental pay-ments.

When To Report

When you report rental income on your tax re-turn generally depends on whether you are a cash or an accrual basis taxpayer. Most individ-ual taxpayers use the cash method.

Cash method. You are a cash basis taxpayer if you report income on your return in the year you actually or constructively receive it, regard-less of when it was earned. You constructively receive income when it is made available to you, for example, by being credited to your bank account.

Accrual method. If you are an accrual basis taxpayer, you generally report income when you earn it, rather than when you receive it. You generally deduct your expenses when you incur them, rather than when you pay them.

More information. See Pub. 538, Accounting Periods and Methods, for more information

about when you constructively receive income and accrual methods of accounting.

Types of Income

The following are common types of rental in-come.

Advance rent. Advance rent is any amount you receive before the period that it covers. In-clude advance rent in your rental income in the year you receive it regardless of the period cov-ered or the method of accounting you use.

Example. On March 18, 2022, you signed a 10-year lease to rent your property. During 2022, you received $9,600 for the first year's rent and $9,600 as rent for the last year of the lease. You must include $19,200 in your rental income in 2022.

Canceling a lease. If your tenant pays you to cancel a lease, the amount you receive is rent. Include the payment in your rental income in the year you receive it regardless of your method of accounting.

Expenses paid by tenant. If your tenant pays any of your expenses, those payments are rental income. Because you must include this amount in income, you can also deduct the ex-penses if they are deductible rental expenses. For more information, see Rental Expenses, later.

Example 1. Your tenant pays the water and sewage bill for your rental property and deducts the amount from the normal rent payment. Un-der the terms of the lease, your tenant doesn’t have to pay this bill. Include the utility bill paid by the tenant and any amount received as a rent payment in your rental income. You can de-duct the utility payment made by your tenant as a rental expense.

Example 2. While you are out of town, the furnace in your rental property stops working. Your tenant pays for the necessary repairs and deducts the repair bill from the rent payment. In-clude the repair bill paid by the tenant and any amount received as a rent payment in your rental income. You can deduct the repair pay-ment made by your tenant as a rental expense.

Property or services. If you receive property or services as rent, instead of money, include the fair market value (FMV) of the property or services in your rental income.

If the services are provided at an agreed upon or specified price, that price is the FMV unless there is evidence to the contrary.

Example. Your tenant is a house painter. He offers to paint your rental property instead of paying 2 months rent. You accept his offer.

Include in your rental income the amount the tenant would have paid for 2 months rent. You can deduct that same amount as a rental ex-pense for painting your property.

Security deposits. Don’t include a security deposit in your income when you receive it if you plan to return it to your tenant at the end of the lease. But if you keep part or all of the se-

curity deposit during any year because your tenant doesn’t live up to the terms of the lease, include the amount you keep in your income in that year.

If an amount called a security deposit is to be used as a final payment of rent, it is advance rent. Include it in your income when you receive it.

Other Sources of Rental Income

Lease with option to buy. If the rental agree-ment gives your tenant the right to buy your rental property, the payments you receive under the agreement are generally rental income. If your tenant exercises the right to buy the prop-erty, the payments you receive for the period af-ter the date of sale are considered part of the selling price.

Part interest. If you own a part interest in rental property, you must report your part of the rental income from the property.

Rental of property also used as your home. If you rent property that you also use as your home and you rent it less than 15 days during the tax year, don’t include the rent you receive in your income. Also, expenses from this activ-ity are not considered rental expenses. For more information, see Used as a home but ren-ted less than 15 days under Reporting Income and Deductions in chapter 5.

Rental Expenses

In most cases, the expenses of renting your property, such as maintenance, insurance, taxes, and interest, can be deducted from your rental income.

Personal use of rental property. If you sometimes use your rental property for personal purposes, you must divide your expenses be-tween rental and personal use. Also, your rental expense deductions may be limited. See chap-ter 5.

Part interest. If you own a part interest in rental property, you can deduct expenses you paid according to your percentage of owner-ship.

Example. Roger owns a one-half undivided interest in a rental house. Last year, he paid $968 for necessary repairs on the property. Roger can deduct $484 (50% (0.50) × $968) as a rental expense. He is entitled to reimburse-ment for the remaining half from the co-owner.

When To Deduct

You generally deduct your rental expenses in the year you pay them.

If you use the accrual method, see Pub. 538 for more information.

Chapter 1Rental Income and Expenses (If No Personal Use of Dwelling)Page 3

Types of Expenses

Listed below are the most common rental ex-penses.

Advertising.
Auto and travel expenses.
Cleaning and maintenance.
Commissions.
Depreciation.
Insurance.
Interest (other).
Legal and other professional fees.
Local transportation expenses.
Management fees.
Mortgage interest paid to banks, etc.
Points.
Rental payments.
Repairs.
Taxes.
Utilities.

Some of these expenses, as well as other less common ones, are discussed below.

Depreciation. Depreciation is a capital ex-pense. It is the mechanism for recovering your cost in an income-producing property and must be taken over the expected life of the property.

You can begin to depreciate rental property when it is ready and available for rent. See Placed in Service under When Does Deprecia-tion Begin and End? in chapter 2.

Insurance premiums paid in advance. If you pay an insurance premium for more than 1 year in advance, you can’t deduct the total premium in the year you pay it. For each year of cover-age, you can deduct only the part of the pre-mium payment that applies to that year. See chapter 6 of Pub. 535 for information on deduc-tible premiums.

Interest expense. You can deduct mortgage interest you pay on your rental property. When you refinance a rental property for more than the previous outstanding balance, the portion of the interest allocable to loan proceeds not rela-ted to rental use generally can’t be deducted as a rental expense. Chapter 4 of Pub. 535 ex-plains mortgage interest in detail.

Expenses paid to obtain a mortgage. Certain expenses you pay to obtain a mortgage on your rental property can’t be deducted as in-terest. These expenses, which include mort-gage commissions, abstract fees, and record-ing fees, are capital expenses that are part of your basis in the property.

Form 1098, Mortgage Interest State-ment. If you paid $600 or more of mortgage in-terest on your rental property to any one per-son, you should receive a Form 1098 or similar statement showing the interest you paid for the year. If you and at least one other person (other than your spouse if you file a joint return) were liable for, and paid interest on, the mortgage, and the other person received the Form 1098, report your share of the interest on Schedule E (Form 1040), line 13. Attach a statement to your return showing the name and address of the other person. On the dotted line next to line 13, enter “See attached.”

Legal and other professional fees. You can deduct, as a rental expense, legal and other professional expenses such as tax return prep-aration fees you paid to prepare Schedule E, Part I. For example, on your 2022 Schedule E, you can deduct fees paid in 2022 to prepare Part I of your 2021 Schedule E. You can also deduct, as a rental expense, any expense (other than federal taxes and penalties) you paid to resolve a tax underpayment related to your rental activities.

Local benefit taxes. In most cases, you can’t deduct charges for local benefits that increase the value of your property, such as charges for putting in streets, sidewalks, or water and sewer systems. These charges are nondepreci-able capital expenditures and must be added to the basis of your property. However, you can deduct local benefit taxes that are for maintain-ing, repairing, or paying interest charges for the benefits.

Local transportation expenses. You may be able to deduct your ordinary and necessary lo-cal transportation expenses if you incur them to collect rental income or to manage, conserve, or maintain your rental property. However, transportation expenses incurred to travel be-tween your home and a rental property gener-ally constitute nondeductible commuting costs unless you use your home as your principal place of business. See Pub. 587, Business Use of Your Home, for information on determining if your home office qualifies as a principal place of business.

Generally, if you use your personal car, pickup truck, or light van for rental activities, you can deduct the expenses using one of two methods: actual expenses or the standard mile-age rate. For 2022, the standard mileage rate for business use is 58.5 cents per mile from January 1, 2022, to June 30, 2022. From July 1, 2022, to December 31, 2022, the standard mile-age rate for business use is 62.5 cents per mile. For more information, see chapter 4 of Pub. 463.

To deduct car expenses under either method, you must keep records that RECORDS follow the rules in chapter 5 of Pub.

463. In addition, you must complete Form 4562, Part V, and attach it to your tax return.

Pre-rental expenses. You can deduct your or-dinary and necessary expenses for managing, conserving, or maintaining rental property from the time you make it available for rent.

Rental of equipment. You can deduct the rent you pay for equipment that you use for rental purposes. However, in some cases, lease con-tracts are actually purchase contracts. If so, you can’t deduct these payments. You can recover the cost of purchased equipment through de-preciation.

Rental of property. You can deduct the rent you pay for property that you use for rental pur-poses. If you buy a leasehold for rental purpo-ses, you can deduct an equal part of the cost each year over the term of the lease.

Travel expenses. You can deduct the ordi-nary and necessary expenses of traveling away from home if the primary purpose of the trip is to collect rental income or to manage, conserve, or maintain your rental property. You must prop-erly allocate your expenses between rental and nonrental activities. You can’t deduct the cost of traveling away from home if the primary pur-pose of the trip is to improve the property. The cost of improvements is recovered by taking depreciation. For information on travel expen-ses, see chapter 1 of Pub. 463.

To deduct travel expenses, you must keep records that follow the rules in

RECORDSchapter 5 of Pub. 463.

Uncollected rent. If you are a cash basis tax-payer, don’t deduct uncollected rent. Because you haven’t included it in your income, it’s not deductible.

If you use an accrual method, report income when you earn it. If you are unable to collect the rent, you may be able to deduct it as a business bad debt. See chapter 10 of Pub. 535 for more information about business bad debts.

Vacant rental property. If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (includ-ing depreciation) for managing, conserving, or maintaining the property while the property is vacant. However, you can’t deduct any loss of rental income for the period the property is va-cant.

Vacant while listed for sale. If you sell property you held for rental purposes, you can deduct the ordinary and necessary expenses for managing, conserving, or maintaining the property until it is sold. If the property isn’t held out and available for rent while listed for sale, the expenses aren’t deductible rental expenses.

Points

The term “points” is often used to describe some of the charges paid, or treated as paid, by a borrower to take out a loan or a mortgage. These charges are also called loan origination fees, maximum loan charges, or premium charges. Any of these charges (points) that are solely for the use of money are interest. Be-cause points are prepaid interest, you generally can’t deduct the full amount in the year paid, but must deduct the interest over the term of the loan.

The method used to figure the amount of points you can deduct each year follows the original issue discount (OID) rules. In this case, points are equivalent to OID, which is the differ-ence between:

Stated redemption price at maturity (gener-ally the stated principal amount or amount borrowed) over
Issue price (generally the proceeds).

If the difference is equal to or less than zero, the amount of OID is zero.

The first step is to determine whether your total OID (which you may have on bonds or other investments in addition to the mortgage

Page 4Chapter 1Rental Income and Expenses (If No Personal Use of Dwelling)

loan), including the OID resulting from the points, is insignificant or de minimis. If the OID isn’t de minimis, you must use the con-stant-yield method to figure how much you can deduct.

De minimis OID. The OID is de minimis if it is less than one-fourth of 1% (0.0025) of the sta-ted redemption price at maturity (principal amount of the loan) multiplied by the number of full years from the date of original issue to ma-turity (term of the loan).

If the OID is de minimis, you can choose one of the following ways to figure the amount of points you can deduct each year.

On a constant-yield basis over the term of the loan.

On a straight line basis over the term of the loan.

In proportion to stated interest payments.
In its entirety at maturity of the loan.

You make this choice by deducting the OID (points) in a manner consistent with the method chosen on your timely filed tax return for the tax year in which the loan is issued.

Example. Carol took out a $100,000 mort-gage loan on January 1, 2022, to buy a house she will use as a rental during 2022. The loan is to be repaid over 30 years. During 2022, Carol paid $10,000 of mortgage interest (stated inter-est) to the lender. When the loan was made, she paid $1,500 in points to the lender. The points reduced the principal amount of the loan from $100,000 to $98,500, resulting in $1,500 of OID. Carol determines that the points (OID) she paid are de minimis based on the following computation.

Redemption price at maturity (principal	$100,000
amount of the loan) . . . . . . . . . . . . . . .
Multiplied by: The term of the	×	30
loan in complete years . . . . . . . . . . . .
Multiplied by . . . . . . . . . . . . . . . . . . . . .	×	0.0025
De minimis amount . . . . . . . . . . . .	$ 7,500

The points (OID) she paid ($1,500) are less than the de minimis amount ($7,500). There-fore, Carol has de minimis OID and she can choose one of the four ways discussed earlier to figure the amount she can deduct each year. Under the straight line method, she can deduct $50 each year for 30 years.

your lender. If you don’t have this information, consult your lender or tax advisor. In general, the YTM is the discount rate that, when used in computing the present value of all principal and interest payments, produces an amount equal to the principal amount of the loan.

Qualified stated interest (QSI). In gen-eral, this is the stated interest that is uncondi-tionally payable in cash or property (other than another loan of the issuer) at least annually over the term of the loan at a fixed rate.

Example—Year 1. The facts are the same as in the previous example. The YTM on Carol's loan is 10.2467%, compounded annually.

She figured the amount of points (OID) she could deduct in 2022 as follows.

Principal amount of the loan . . . . . . . . . .	$100,000
Minus: Points (OID) . . . . . . . . . . . . . . . .	– 1,500
. . . . . . . . . . . . . .Issuepriceoftheloan	$ 98,500
Multiplied by: YTM . . . . . . . . . . . . . . . .	× 0.102467
. . . . . . . . . . . . . . . . . . . . . . . . . .Total	10,093
Minus: QSI . . . . . . . . . . . . . . . . . . . . . .	– 10,000
Points (OID) deductible in 2022 . . . .	$ 93

To figure your deduction in any subsequent year, you start with the adjusted issue price. To get the adjusted issue price, add to the issue price figured in Year 1 any OID previously de-ducted. Then, follow steps (2) and (3), earlier.

Example—Year 2. Carol figured the de-duction for 2023 as follows.

Issue price . . . . . . . . . . . . . . . . . . . . . .	$98,500
Plus: Points (OID) deducted	+	93
in 2022 . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .Adjustedissueprice	$98,593
Multiplied by: YTM . . . . . . . . . . . . . . . .	× 0.102467
. . . . . . . . . . . . . . . . . . . . . . . . . .Total		10,103
Minus: QSI . . . . . . . . . . . . . . . . . . . . . .	– 10,000
Points (OID) deductible in 2023 . . . .	$	103

Loan or mortgage ends. If your loan or mort-gage ends, you may be able to deduct any re-maining points (OID) in the tax year in which the loan or mortgage ends. A loan or mortgage may end due to a refinancing, prepayment, foreclo-sure, or similar event. However, if the refinanc-ing is with the same lender, the remaining points (OID) generally aren’t deductible in the year in which the refinancing occurs, but may

be deductible over the term of the new mort-gage or loan.

Points when loan refinance is more than the previous outstanding balance. When you refinance a rental property for more than the previous outstanding balance, the portion of the points allocable to loan proceeds not rela-ted to rental use generally can’t be deducted as a rental expense.

Example. Charles refinanced a loan with a balance of $100,000. The amount of the new loan was $120,000. Charles used the additional $20,000 to purchase a car. The points allocable to the $20,000 would be treated as nondeducti-ble personal interest.

Repairs and Improvements

Generally, an expense for repairing or maintain-ing your rental property may be deducted if you aren’t required to capitalize the expense.

Improvements. You must capitalize any ex-pense you pay to improve your rental property. An expense is for an improvement if it results in a betterment to your property, restores your property, or adapts your property to a new or different use. Table 1-1 shows examples of many improvements.

Betterments. Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, en-larging or expanding your property, or increas-ing the capacity, strength, or quality of your property.

Restoration. Expenses that may be for re-storation include expenses for replacing a sub-stantial structural part of your property, repairing damage to your property after you properly ad-justed the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.

Adaptation. Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property.

De minimis safe harbor for tangible property. If you elect this de minimis safe

Constant-yield method. If the OID isn’t de minimis, you must use the constant-yield method to figure how much you can deduct each year.

You figure your deduction for the first year in the following manner.

1. Determine the issue price of the loan. If you paid points on the loan, the issue price is generally the difference between the principal and the points.

2. Multiply the result in (1) by the yield to ma-turity (defined later).

3. Subtract any qualified stated interest pay-ments (defined later) from the result in (2). This is the OID you can deduct in the first year.

Yield to maturity (YTM). This rate is gen-erally shown in the literature you receive from

Table 1-1.Examples of Improvements

Additions	Miscellaneous	Plumbing
Bedroom	Storm windows, doors	Septic system
Bathroom	New roof	Water heater
Deck	Central vacuum	Soft water system
Garage	Wiring upgrades	Filtration system
Porch	Satellite dish	Interior Improvements
Patio	Security system
Lawn & Grounds	Heating & Air Conditioning	Built-in appliances
		Kitchen modernization
Landscaping	Heating system	Flooring
Driveway	Central air conditioning	Wall-to-wall carpeting
Walkway	Furnace	Insulation
Fence	Duct work
Retaining wall	Central humidifier	Attic
Sprinkler system	Filtration system	Walls, floor
Swimming pool		Pipes, duct work

Chapter 1Rental Income and Expenses (If No Personal Use of Dwelling)Page 5

harbor for your rental activity for the tax year,			straight line method (same deduction each
you aren’t required to capitalize the de minimis			year).
costs of acquiring or producing certain real and			The prescribed depreciation methods for
tangible personal property and may deduct			rental real estate aren’t accelerated, so the de-
these amounts as rental expenses on line 19 of			preciation deduction isn’t adjusted for the AMT.
Schedule E. For more information on electing			However, accelerated methods are generally
and using the de minimis safe harbor for tangi-			used for other property connected with rental
ble property, see chapter 1 of Pub. 535.			activities (for example, appliances and
	*Safe harbor for routine maintenance.* If		wall-to-wall carpeting).
			To find out if you are subject to the AMT,
you determine that your cost was for an im-
			see the Instructions for Form 6251.
provement to a building or equipment, you may
still be able to deduct your cost under the rou-
			The Basics
tine maintenance safe harbor. See Pub. 535 for
more information.
		Separate the costs of repairs and im-	The following section discusses the information

		provements, and keep accurate re-	you will need to have about the rental property

		cords. You will need to know the cost	and the decisions to be made before figuring
	RECORDS

of improvements when you sell or depreciate			your depreciation deduction.
your property.

depreciated. You may, however, be able to de-preciate certain land preparation costs if the costs are so closely associated with other de-preciable property that you can determine a life for them along with the life of the associated property.

Example. You built a new house to use as a rental and paid for grading, clearing, seeding, and planting bushes and trees. Some of the bushes and trees were planted right next to the house, while others were planted around the outer border of the lot. If you replace the house, you would have to destroy the bushes and trees right next to it. These bushes and trees are closely associated with the house, so they have a determinable useful life. Therefore, you can depreciate them. Add your other land prepara-tion costs to the basis of your land because they have no determinable life and you can’t de-preciate them.

The expenses you capitalize for improving your property can generally be depreciated as if the improvement were separate property.

2.

Depreciation of Rental Property

You recover the cost of income-producing prop-erty through yearly tax deductions. You do this by depreciating the property; that is, by deduct-ing some of the cost each year on your tax re-turn.

Three factors determine how much depreciation you can deduct each year: (1) your basis in the property, (2) the recovery period for the prop-erty, and (3) the depreciation method used. You can’t simply deduct your mortgage or principal payments, or the cost of furniture, fixtures, and equipment, as an expense.

You can deduct depreciation only on the part of your property used for rental purposes. Depre-ciation reduces your basis for figuring gain or loss on a later sale or exchange.

You may have to use Form 4562 to figure and report your depreciation. See Which Forms To Use in chapter 3. Also, see Pub. 946.

Section 179 deduction. The section 179 de-duction is a means of recovering part or all of the cost of certain qualifying property in the year you place the property in service. It is separate from your depreciation deduction. See chap-ter 2 of Pub. 946 for more information about claiming this deduction.

Alternative minimum tax (AMT). If you use accelerated depreciation, you may be subject to the AMT. Accelerated depreciation allows you to deduct more depreciation earlier in the recov-ery period than you could deduct using a

What Rental Property Can Be Depreciated?

You can depreciate your property if it meets all the following requirements.

You own the property.
You use the property in your business or income-producing activity (such as rental property).
The property has a determinable useful life.

The property is expected to last more than 1 year.

Property you own. To claim depreciation, you must usually be the owner of the property. You are considered to be the owner of the property even if it’s subject to a debt.

Rented property. Generally, if you pay rent for property, you can’t depreciate that property. Usually, only the owner can depreciate it. How-ever, if you make permanent improvements to leased property, you may be able to depreciate the improvements. See Additions or improve-ments to property, later in this chapter, under Recovery Periods Under GDS.

Cooperative apartments. If you are a ten-ant-stockholder in a cooperative housing corpo-ration and rent your cooperative apartment to others, you can depreciate your stock in the corporation. See chapter 4.

Property having a determinable useful life. To be depreciable, your property must have a determinable useful life. This means that it must be something that wears out, decays, gets used up, becomes obsolete, or loses its value from natural causes.

What Rental Property Can’t Be Depreciated?

Certain property can’t be depreciated. This in-cludes land and certain excepted property.

Land. You can’t depreciate the cost of land be-cause land generally doesn’t wear out, become obsolete, or get used up. But if it does, the loss is accounted for upon disposition. The costs of clearing, grading, planting, and landscaping are usually all part of the cost of land and can’t be

Excepted property. Even if the property meets all the requirements listed earlier under What Rental Property Can Be Depreciated, you can’t depreciate the following property.

Property placed in service and disposed of (or taken out of business use) in the same year.
Equipment used to build capital improve-ments. You must add otherwise allowable depreciation on the equipment during the period of construction to the basis of your improvements.

For more information, see chapter 1 of Pub.

946.

When Does Depreciation Begin and End?

You begin to depreciate your rental property when you place it in service for the production of income. You stop depreciating it either when you have fully recovered your cost or other ba-sis, or when you retire it from service, whichever happens first.

Placed in Service

You place property in service in a rental activity when it is ready and available for a specific use in that activity. Even if you aren’t using the prop-erty, it is in service when it is ready and availa-ble for its specific use.

Example 1. On November 22 of last year, you purchased a dishwasher for your rental property. The appliance was delivered on De-cember 7, but wasn’t installed and ready for use until January 3 of this year. Because the dish-washer wasn’t ready for use last year, it isn’t considered placed in service until this year.

If the appliance had been installed and ready for use when it was delivered in Decem-ber of last year, it would have been considered placed in service in December, even if it wasn’t actually used until this year.

Example 2. On April 6, you purchased a house to use as residential rental property. You made extensive repairs to the house and had it ready for rent on July 5. You began to advertise the house for rent in July and actually rented it

Page 6Chapter 2Depreciation of Rental Property

beginning September 1. The house is consid-ered placed in service in July when it was ready and available for rent. You can begin to depreci-ate the house in July.

Example 3. You moved from your home in July. During August and September, you made several repairs to the house. On October 1, you listed the property for rent with a real estate company, which rented it on December 1. The property is considered placed in service on Oc-tober 1, the date when it was available for rent.

Conversion to business use. If you place property in service in a personal activity, you can’t claim depreciation. However, if you change the property's use to business or the production of income, you can begin to depreci-ate it at the time of the change. You place the property in service for business or income-pro-ducing use on the date of the change.

Example. You bought a house and used it as your personal home several years before you converted it to rental property. Although its specific use was personal and no depreciation was allowable, you placed the home in service when you began using it as your home. You can begin to claim depreciation in the year you con-verted it to rental property because at that time its use changed to the production of income.

Idle Property

Continue to claim a deduction for depreciation on property used in your rental activity even if it is temporarily idle (not in use). For example, if you must make repairs after a tenant moves out, you still depreciate the rental property dur-ing the time it isn’t available for rent.

Cost or Other Basis Fully Recovered

You must stop depreciating property when the total of your yearly depreciation deductions equals your cost or other basis of your property. For this purpose, your yearly depreciation de-ductions include any depreciation that you were allowed to claim, even if you didn’t claim it. See Basis of Depreciable Property, later.

Retired From Service

You stop depreciating property when you retire it from service, even if you haven’t fully recov-ered its cost or other basis. You retire property from service when you permanently withdraw it from use in a trade or business or from use in the production of income because of any of the following events.

You sell or exchange the property.
You convert the property to personal use.
You abandon the property.
The property is destroyed.

Depreciation Methods

Generally, you must use the Modified Acceler-ated Cost Recovery System (MACRS) to de-preciate residential rental property placed in service after 1986.

If you placed rental property in service be-fore 1987, you are using one of the following methods.

Accelerated Cost Recovery System (ACRS) for property placed in service after 1980 but before 1987.
Straight line or declining balance method over the useful life of property placed in service before 1981.

See MACRS Depreciation, later, for more infor-mation.

Rental property placed in service before 2022. Continue to use the same method of fig-uring depreciation that you used in the past.

Use of real property changed. Generally, you must use MACRS to depreciate real prop-erty that you acquired for personal use before 1987 and changed to business or income -pro-ducing use after 1986. This includes your resi-dence that you changed to rental use. See Property Owned or Used in 1986 in chapter 1 of Pub. 946 for those situations in which MACRS isn’t allowed.

Improvements made after 1986. Treat an im-provement made after 1986 to property you placed in service before 1987 as separate de-preciable property. As a result, you can depreci-ate that improvement as separate property un-der MACRS if it is the type of property that otherwise qualifies for MACRS depreciation. For more information about improvements, see Additions or improvements to property, later in this chapter, under Recovery Periods Under GDS.

This publication discusses MACRS de-

preciation only. If you need information CAUTION about depreciating property placed in service before 1987, see Pub. 534.

Basis of Depreciable Property

The basis of property used in a rental activity is generally its adjusted basis when you place it in service in that activity. This is its cost or other basis when you acquired it, adjusted for certain items occurring before you place it in service in the rental activity.

If you depreciate your property under MACRS, you may also have to reduce your ba-sis by certain deductions and credits with re-spect to the property.

Basis and adjusted basis are explained in the following discussions.

If you used the property for personal

purposes before changing it to rental CAUTION use, its basis for depreciation is the lesser of its adjusted basis or its FMV when you change it to rental use. See Basis of Property Changed to Rental Use in chapter 4.

Cost Basis

The basis of property you buy is usually its cost. The cost is the amount you pay for it in cash, in

debt obligation, in other property, or in services.

Your cost also includes amounts you pay for:

Sales tax charged on the purchase (but see Exception next),

Freight charges to obtain the property, and
Installation and testing charges.

Exception. If you deducted state and local general sales taxes as an itemized deduction on Schedule A (Form 1040), don’t include as part of your cost basis the sales taxes you de-ducted. Such taxes were deductible before 1987 and after 2003.

Loans with low or no interest. If you buy property on any payment plan that charges little or no interest, the basis of your property is your stated purchase price, less the amount consid-ered to be unstated interest. See Unstated In-terest and Original Issue Discount (OID) in Pub. 537, Installment Sales.

Real property. If you buy real property, such as a building and land, certain fees and other expenses you pay are part of your cost basis in the property.

Real estate taxes. If you buy real property and agree to pay real estate taxes on it that were owed by the seller and the seller doesn’t reimburse you, the taxes you pay are treated as part of your basis in the property. You can’t de-duct them as taxes paid.

If you reimburse the seller for real estate taxes the seller paid for you, you can usually deduct that amount. Don’t include that amount in your basis in the property.

Settlement fees and other costs. The fol-lowing settlement fees and closing costs for buying the property are part of your basis in the property.

Abstract fees.
Charges for installing utility services.
Legal fees.
Recording fees.
Surveys.
Transfer taxes.
Title insurance.
Any amounts the seller owes that you agree to pay, such as back taxes or inter-est, recording or mortgage fees, charges for improvements or repairs, and sales commissions.

The following are settlement fees and clos-ing costs you can’t include in your basis in the property.

1. Fire insurance premiums.

2. Rent or other charges relating to occu-pancy of the property before closing.

3. Charges connected with getting or refi-nancing a loan, such as:

a. Points (discount points, loan origina-tion fees),

b. Loan assumption fees,

c. Cost of a credit report, and

d. Fees for an appraisal required by a lender.

Also, don’t include amounts placed in es-crow for the future payment of items such as taxes and insurance.

Chapter 2Depreciation of Rental PropertyPage 7

Assumption of a mortgage. If you buy property and become liable for an existing mort-gage on the property, your basis is the amount you pay for the property plus the amount re-maining to be paid on the mortgage.

Example. You buy a building for $60,000 cash and assume a mortgage of $240,000 on it. Your basis is $300,000.

Separating cost of land and buildings. If you buy buildings and your cost includes the cost of the land on which they stand, you must divide the cost between the land and the build-ings to figure the basis for depreciation of the buildings. The part of the cost that you allocate to each asset is the ratio of the FMV of that as-set to the FMV of the whole property at the time you buy it.

If you aren’t certain of the FMVs of the land and the buildings, you can divide the cost be-tween them based on their assessed values for real estate tax purposes.

Example. You buy a house and land for $200,000. The purchase contract doesn’t spec-ify how much of the purchase price is for the house and how much is for the land.

The latest real estate tax assessment on the property was based on an assessed value of $160,000, of which $136,000 was for the house and $24,000 was for the land.

You can allocate 85% ($136,000 ÷ $160,000) of the purchase price to the house and 15% ($24,000 ÷ $160,000) of the purchase price to the land.

Your basis in the house is $170,000 (85% of $200,000) and your basis in the land is $30,000 (15% of $200,000).

Basis Other Than Cost

You can’t use cost as a basis for property that you received:

In return for services you performed;
In an exchange for other property;
As a gift;
From your spouse, or from your former spouse as the result of a divorce; or
As an inheritance.

If you received property in one of these ways, see Pub. 551 for information on how to figure your basis.

Adjusted Basis

To figure your property's basis for depreciation, you may have to make certain adjustments (in-creases and decreases) to the basis of the property for events occurring between the time you acquired the property and the time you placed it in service for business or the produc-tion of income. The result of these adjustments to the basis is the adjusted basis.

Increases to basis. You must increase the basis of any property by the cost of all items properly added to a capital account. These in-clude the following.

The cost of any additions or improvements made before placing your property into service as a rental that have a useful life of more than 1 year.

Amounts spent after a casualty to restore the damaged property.

The cost of extending utility service lines to the property.

Legal fees, such as the cost of defending and perfecting title, or settling zoning is-sues.

Additions or improvements. Add to the basis of your property the amount an addition or improvement actually costs you, including any amount you borrowed to make the addition or improvement. This includes all direct costs, such as material and labor, but doesn’t include your own labor. It also includes all expenses re-lated to the addition or improvement.

For example, if you had an architect draw up plans for remodeling your property, the archi-tect's fee is a part of the cost of the remodeling. Or, if you had your lot surveyed to put up a fence, the cost of the survey is a part of the cost of the fence.

Keep separate accounts for depreciable ad-ditions or improvements made after you place the property in service in your rental activity. For information on depreciating additions or im-provements, see Additions or improvements to property, later in this chapter, under Recovery Periods Under GDS.

The cost of landscaping improvements

is usually treated as an addition to the CAUTION basis of the land, which isn’t deprecia-ble. However, see What Rental Property Can’t Be Depreciated, earlier.

Assessments for local improvements. Assessments for items which tend to increase the value of property, such as streets and side-walks, must be added to the basis of the prop-erty. For example, if your city installs curbing on the street in front of your house, and assesses you and your neighbors for its cost, you must add the assessment to the basis of your prop-erty. Also, add the cost of legal fees paid to ob-tain a decrease in an assessment levied against property to pay for local improvements. You can’t deduct these items as taxes or depreciate them.

However, you can deduct assessments for the purpose of maintenance or repairs or for the purpose of meeting interest charges related to the improvements. Don’t add them to your basis in the property.

Deducting vs. capitalizing costs. Don’t add to your basis costs you can deduct as cur-rent expenses. However, there are certain costs you can choose either to deduct or to capitalize. If you capitalize these costs, include them in your basis. If you deduct them, don’t include them in your basis.

The costs you may choose to deduct or cap-italize include carrying charges, such as interest and taxes, that you must pay to own property.

For more information about deducting or capitalizing costs and how to make the election, see Carrying Charges in chapter 7 of Pub. 535.

Decreases to basis. You must decrease the basis of your property by any items that repre-sent a return of your cost. These include the fol-lowing.

Insurance or other payment you receive as the result of a casualty or theft loss.

Casualty loss not covered by insurance for which you took a deduction.

Amount(s) you receive for granting an easement.

Residential energy credits you were al-lowed before 1986 or after 2005 if you added the cost of the energy items to the basis of your home.

Exclusion from income of subsidies for en-ergy conservation measures.

Special depreciation allowance or a sec-tion 179 deduction claimed on qualified property.
Depreciation you deducted or could have deducted on your tax returns under the method of depreciation you chose. If you didn’t deduct enough or deducted too much in any year, see Depreciation under Decreases to Basis in Pub. 551.

If your rental property was previously used as your main home, you must also decrease the basis by the following.

Gain you postponed from the sale of your main home before May 7, 1997, if the re-placement home was converted to your rental property.

District of Columbia first-time homebuyer credit allowed on the purchase of your main home after August 4, 1997, and be-fore January 1, 2012.

Amount of qualified principal residence in-debtedness discharged on or after January 1, 2007.

Special Depreciation Allowance

For 2022, some properties used in connection with residential real property activities may qualify for a special depreciation allowance. This allowance is figured before you figure your regular depreciation deduction. See chapter 3 of Pub. 946 for details. Also, see the instruc-tions for Form 4562, line 14.

If you qualify for, but choose not to take, a special depreciation allowance, you must attach a statement to your return. The details of this election are in chapter 3 of Pub. 946 and the in-structions for Form 4562, line 14.

MACRS Depreciation

Most business and investment property placed in service after 1986 is depreciated using MACRS.

This section explains how to determine which MACRS depreciation system applies to your property. It also discusses other informa-tion you need to know before you can figure de-preciation under MACRS. This information in-cludes the property's:

Recovery class,
Applicable recovery period,
Convention,
Placed-in-service date,
Basis for depreciation, and
Depreciation method.

Page 8Chapter 2Depreciation of Rental Property

Depreciation Systems

MACRS consists of two systems that determine how you depreciate your property—the General Depreciation System (GDS) and the Alternative Depreciation System (ADS). You must use GDS unless you are specifically required by law to use ADS or you elect to use ADS.

Excluded Property

You can’t use MACRS for certain personal property (such as furniture or appliances) placed in service in your rental property in 2022 if it had been previously placed in service be-fore 1987, when MACRS became effective.

In most cases, personal property is exclu-ded from MACRS if you (or a person related to you) owned or used it in 1986 or if your tenant is a person (or someone related to the person) who owned or used it in 1986. However, the property isn’t excluded if your 2022 deduction

Under MACRS, property that you placed in service during 2022 in your rental activities gen-erally falls into one of the following classes.

5-year property. This class includes com-puters and peripheral equipment, office machinery (typewriters, calculators, cop-iers, etc.), automobiles, and light trucks.

This class also includes appliances, carpeting, and furniture used in a residen-tial rental real estate activity.

Depreciation is limited on automobiles and other property used for transportation and property of a type generally used for entertainment, recreation, or amusement. See chapter 5 of Pub. 946.

7-year property. This class includes of-fice furniture and equipment (desks, file cabinets, and similar items). This class also includes any property that doesn’t have a class life and that hasn’t been des-ignated by law as being in any other class.

15-year property. This class includes roads, fences, and shrubbery (if deprecia-ble).
Residential rental property. This class includes any real property that is a rental building or structure (including a mobile home) for which 80% or more of the gross rental income for the tax year is from dwell-ing units. It doesn’t include a unit in a hotel, motel, inn, or other establishment where more than half of the units are used on a transient basis. If you live in any part of the building or structure, the gross rental in-come includes the fair rental value of the part you live in.

The other property classes generally

don’t apply to property used in rental CAUTION activities. These classes aren’t dis-cussed in this publication. See Pub. 946 for more information.

under MACRS (using a half-year convention) is less than the deduction you would have under ACRS. For more information, see What Method Can You Use To Depreciate Your Property? in chapter 1 of Pub. 946.

Electing ADS

If you choose, you can use the ADS method for most property. Under ADS, you use the straight line method of depreciation.

The election of ADS for one item in a class of property generally applies to all property in that class placed in service during the tax year of the election. However, the election applies on a property-by-property basis for residential rental property and nonresidential real property.

If you choose to use ADS for your residential rental property, the election must be made in the first year the property is placed in service. Once you make this election, you can never re-voke it.

For property placed in service during 2022, you make the election to use ADS by entering the depreciation on Form 4562, Part III, Sec-tion C, line 20c.

Property Classes Under GDS

Each item of property that can be depreciated under MACRS is assigned to a property class, determined by its class life. The property class generally determines the depreciation method, recovery period, and convention.

The property classes under GDS are:

3-year property,
5-year property,
7-year property,
10-year property,
15-year property,
20-year property,
Nonresidential real property, and
Residential rental property.

Table 2-1. MACRS Recovery Periods for
	Property Used in	Keep for Your Records
	Rental Activities
			MACRS Recovery Period
			General	Alternative
Type of Property			Depreciation	Depreciation
			System	System
Computers and their peripheral equipment . . . . . . . . . . . . .		.	5 years	5 years
Office machinery, such as:
•	Typewriters
•	Calculators		5 years	6 years
•	Copiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	5 years	5 years
Light trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	5 years	5 years
Appliances, such as:
•	Stoves		5 years	9 years
•	Refrigerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Carpets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	5 years	9 years
Furniture used in rental property . . . . . . . . . . . . . . . . . . . . .		.	5 years	9 years
Office furniture and equipment, such as:
•	Desks		7 years	10 years
•	Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any property that doesn’t have a class life and that hasn’t been			7 years	12 years
designated by law as being in any other class . . . . . . . . . . .		.
Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	15 years	20 years
Shrubbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	15 years	20 years
Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		.	15 years	20 years
Residential rental property (buildings or structures) and
structural components such as furnaces, waterpipes, venting,			27.5 years	30 years1
etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additions and improvements, such as a new roof . . . . . . . .		.	The same recovery period as
			that of the property to which the
			addition or improvement is
			made, determined as if the
			property were placed in service
			at the same time as the addition
			or improvement.

40 years for property placed in service before January 1, 2018. However, the ADS recovery period for residential rental property placed in service before January 1, 2018, is 30 years if the property is held by an electing real property trade or business (as defined in section 163(j)(7)(B)) and section 168(g)(1)(A), (B), (C), (D), or (E) did not apply to the property before January 1, 2018.

Chapter 2Depreciation of Rental PropertyPage 9

Recovery Periods Under GDS

The recovery period of property is the number of years over which you recover its cost or other basis. The recovery periods are generally lon-ger under ADS than GDS.

The recovery period of property depends on its property class. Under GDS, the recovery pe-riod of an asset is generally the same as its property class.

Class lives and recovery periods for most assets are listed in Appendix B of Pub. 946. See Table 2-1 for recovery periods of property commonly used in residential rental activities.

Additions or improvements to property. Treat additions or improvements you make to your depreciable rental property as separate property items for depreciation purposes.

The property class and recovery period of the addition or improvement are the ones that would apply to the original property if you had placed it in service at the same time as the ad-dition or improvement.

The recovery period for an addition or im-provement to property begins on the later of:

The date the addition or improvement is placed in service, or

The date the property to which the addition or improvement was made is placed in service.

Example. You own a residential rental house that you have been renting since 1999 and depreciating under ACRS. You built an ad-dition onto the house and placed it in service in 2022. You must use MACRS for the addition. Under GDS, the addition is depreciated as resi-dential rental property over 27.5 years.

Conventions

A convention is a method established under MACRS to set the beginning and end of the re-covery period. The convention you use deter-mines the number of months for which you can claim depreciation in the year you place prop-erty in service and in the year you dispose of the property.

Mid-month convention. A mid-month conven-tion is used for all residential rental property and nonresidential real property. Under this conven-tion, you treat all property placed in service, or disposed of, during any month as placed in service, or disposed of, at the midpoint of that month.

Mid-quarter convention. A mid-quarter con-vention must be used if the mid-month conven-tion doesn’t apply and the total depreciable ba-sis of MACRS property placed in service in the last 3 months of a tax year (excluding nonresi-dential real property, residential rental property, and property placed in service and disposed of in the same year) is more than 40% of the total basis of all such property you place in service during the year.

Under this convention, you treat all property placed in service, or disposed of, during any

quarter of a tax year as placed in service, or dis-posed of, at the midpoint of the quarter.

Example. During the tax year, Tom pur-chased the following items to use in his rental property. He elects not to claim the special de-preciation allowance discussed earlier.

A dishwasher for $400 that he placed in service in January.

Used furniture for $100 that he placed in service in September.

A refrigerator for $800 that he placed in service in October.

Tom uses the calendar year as his tax year. The total basis of all property placed in service that year is $1,300. The $800 basis of the refrig-erator placed in service during the last 3 months of his tax year exceeds $520 (40% × $1,300). Tom must use the mid-quarter convention in-stead of the half-year convention for all three items.

Half-year convention. The half-year conven-tion is used if neither the mid-quarter conven-tion nor the mid-month convention applies. Un-der this convention, you treat all property placed in service, or disposed of, during a tax year as placed in service, or disposed of, at the midpoint of that tax year.

If this convention applies, you deduct a half year of depreciation for the first year and the last year that you depreciate the property. You deduct a full year of depreciation for any other year during the recovery period.

Figuring Your Depreciation Deduction

You can figure your MACRS depreciation de-duction in one of two ways. The deduction is substantially the same both ways. You can fig-ure the deduction using either:

The depreciation method and convention that apply over the recovery period of the property, or
The percentage from the MACRS percent-age tables.

In this publication, we will use the percent-age tables. For instructions on how to compute the deduction, see chapter 4 of Pub. 946.

Residential rental property. You must use the straight line method and a mid-month con-vention for residential rental property. In the first year that you claim depreciation for residential rental property, you can claim depreciation only for the number of months the property is in use. Use the mid-month convention (explained un-der Conventions, earlier).

5-, 7-, or 15 -year property. For property in the 5- or 7-year class, use the 200% declining bal-ance (DB) method and a half-year convention. However, in limited cases, you must use the mid-quarter convention, if it applies. For prop-erty in the 15-year class, use the 150% DB method and a half-year convention, unless the mid-quarter convention applies.

You can also choose to use the 150% DB method for property in the 5- or 7-year class. The choice to use the 150% method for one item in a class of property applies to all property

in that class that is placed in service during the tax year of the election. You make this election on Form 4562. In Part III, column (f), enter “150 DB.” Once you make this election, you can’t change to another method.

If you use either the 200% or 150% DB method, figure your deduction using the straight line method in the first tax year that the use of the straight line method gives you an equal or larger deduction than the use of the 200% or 150% DB method.

You can also choose to use the straight line method with a half-year or mid-quarter conven-tion for 5-, 7-, or 15-year property. The choice to use the straight line method for one item in a class of property applies to all property in that class that is placed in service during the tax year of the election. You elect the straight line method on Form 4562. In Part III, column (f), enter “S/L.” Once you make this election, you can’t change to another method.

MACRS Percentage Tables

You can use the percentages in Table 2-2 to compute annual depreciation under MACRS. The tables show the percentages for the first few years or until the change to the straight line method is made. See Appendix A of Pub. 946 for complete tables. The percentages in Tables 2-2a, 2-2b, and 2-2c make the change from us-ing the DB method to the straight line method in the first tax year that the use of the straight line method gives you an equal or greater deduction than the use of the DB method.

If you elect to use the straight line method for 5-, 7-, or 15-year property, or the 150% DB method for 5- or 7-year property, use the tables in Appendix A of Pub. 946.

How to use the percentage tables. You must apply the table rates to your property's unadjus-ted basis (defined later) each year of the recov-ery period.

Once you begin using a percentage table to figure depreciation, you must continue to use it for the entire recovery period unless there is an adjustment to the basis of your property for a reason other than:

1. Depreciation allowed or allowable, or

2. An addition or improvement that is depre-ciated as a separate item of property.

If there is an adjustment for any reason other than (1) or (2), for example, because of a deductible casualty loss, you can no longer use the table. For the year of the adjustment and for the remaining recovery period, figure deprecia-tion using the property's adjusted basis at the end of the year and the appropriate deprecia-tion method, as explained earlier under Figuring Your Depreciation Deduction. See Figuring the Deduction Without Using the Tables in chap-ter 4 of Pub. 946.

Unadjusted basis. This is the same basis you would use to figure gain on a sale (see Ba-sis of Depreciable Property, earlier), but without reducing your original basis by any MACRS de-preciation taken in earlier years.

Page 10Chapter 2Depreciation of Rental Property

	However, you do reduce your original basis			ble 2-2a for 5-year property, Table 2-2b for
by other amounts claimed on the property, in-				7-year property, and Table 2-2c for 15-year
cluding:				property. Use the percentage in the second col-
•	Any amortization,			umn (half-year convention) unless you are re-
•	Any section 179 deduction, and			quired to use the mid-quarter convention (ex-
•	Any special depreciation allowance.
				plained earlier). If you must use the mid-quarter
For more information, see chapter 4 of Pub.				convention, use the column that corresponds to
				the calendar year quarter in which you placed
946.
				the property in service.
Tables		2-2a,	2-2b, and 2-2c. The percen-
				*Example 1.* You purchased a stove and re-
tages in		these	tables take into account the
				frigerator and placed them in service in June.
half-year and mid-quarter conventions. Use Ta-
				Your basis in the stove is $600 and your basis

Table 2-2. Optional MACRS GDS Percentage Tables a. MACRS 5-Year Property (200% DB)

	Half-year convention		Mid-quarter convention

Year		First	Second	Third	Fourth
		quarter	quarter	quarter	quarter

1	20.00%	35.00%	25.00%	15.00%	5.00%
2	32.00	26.00	30.00	34.00	38.00
3	19.20	15.60	18.00	20.40	22.80
4	11.52	11.01	11.37	12.24	13.68
5	11.52	11.01	11.37	11.30	10.94
6	5.76	1.38	4.26	7.06	9.58

b. MACRS 7-Year Property (200% DB)

	Half-year convention		Mid-quarter convention

Year		First	Second	Third	Fourth
		quarter	quarter	quarter	quarter

1	14.29%	25.00%	17.85%	10.71%	3.57%
2	24.49	21.43	23.47	25.51	27.55
3	17.49	15.31	16.76	18.22	19.68
4	12.49	10.93	11.97	13.02	14.06
5	8.93	8.75	8.87	9.30	10.04
6	8.92	8.74	8.87	8.85	8.73
7	8.93	8.75	8.87	8.86	8.73

c. MACRS 15-Year Property (150% DB)
	Half-year convention		Mid-quarter convention

Year		First	Second	Third	Fourth
		quarter	quarter	quarter	quarter

1	5.00%	8.75%	6.25%	3.75%	1.25%
2	9.50	9.13	9.38	9.63	9.88
3	8.55	8.21	8.44	8.66	8.89
4	7.70	7.39	7.59	7.80	8.00
5	6.93	6.65	6.83	7.02	7.20
6	6.23	5.99	6.15	6.31	6.48
7	5.90	5.90	5.91	5.90	5.90
8	5.90	5.91	5.90	5.90	5.90

d. Residential Rental Property-GDS (27.5-year S/L with mid-month convention)

	Use the row for the month of the taxable year placed in service.

	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6

Jan.	3.485%	3.636%	3.636%	3.636%	3.636%	3.636%
Feb.	3.182	3.636	3.636	3.636	3.636	3.636
March	2.879	3.636	3.636	3.636	3.636	3.636
Apr.	2.576	3.636	3.636	3.636	3.636	3.636
May	2.273	3.636	3.636	3.636	3.636	3.636
June	1.970	3.636	3.636	3.636	3.636	3.636
July	1.667	3.636	3.636	3.636	3.636	3.636
Aug.	1.364	3.636	3.636	3.636	3.636	3.636
Sept.	1.061	3.636	3.636	3.636	3.636	3.636
Oct.	0.758	3.636	3.636	3.636	3.636	3.636
Nov.	0.455	3.636	3.636	3.636	3.636	3.636
Dec.	0.152	3.636	3.636	3.636	3.636	3.636

Chapter 2

in the refrigerator is $1,000. Both are 5-year property. Using the half-year convention col-umn in Table 2-2a, the depreciation percentage for Year 1 is 20%. For that year, your deprecia-tion deduction is $120 ($600 × 20% (0.20)) for the stove and $200 ($1,000 × 20% (0.20)) for the refrigerator.

For Year 2, the depreciation percentage is 32%. That year's depreciation deduction will be $192 ($600 × 32% (0.32)) for the stove and $320 ($1,000 × 32% (0.32)) for the refrigerator.

Example 2. Assume the same facts as in Example 1, except you buy the refrigerator in October instead of June. Because the refrigera-tor was placed in service in the last 3 months of the tax year, and its basis ($1,000) is more than 40% of the total basis of all property placed in service during the year ($1,600 × 40% (0.40) = $640), you are required to use the mid-quarter convention to figure depreciation on both the stove and refrigerator.

Because you placed the refrigerator in serv-ice in October, you use the fourth quarter col-umn of Table 2-2a and find the depreciation percentage for Year 1 is 5%. Your depreciation deduction for the refrigerator is $50 ($1,000 x 5% (0.05)).

Because you placed the stove in service in June, you use the second quarter column of Ta-ble 2-2a and find the depreciation percentage for Year 1 is 25%. For that year, your deprecia-tion deduction for the stove is $150 ($600 x 25% (0.25)).

Table 2-2d. Use this table when you are using the GDS 27.5-year option for residential rental property. Find the row for the month that you placed the property in service. Use the percen-tages listed for that month to figure your depre-ciation deduction. The mid-month convention is taken into account in the percentages shown in the table. Continue to use the same row (month) under the column for the appropriate year.

Example. You purchased a single family rental house for $185,000 and placed it in serv-ice on February 8. The sales contract showed that the building cost $160,000 and the land cost $25,000. Your basis for depreciation is its original cost, $160,000. This is the first year of service for your residential rental property and you decide to use GDS, which has a recovery period of 27.5 years. Using Table 2-2d, you find that the depreciation percentage for property placed in service in February of Year 1 is 3.182%. That year's depreciation deduction is $5,091 ($160,000 x 3.182% (0.03182)).

Figuring MACRS Depreciation Under ADS

Table 2-1 shows the ADS recovery periods for property used in rental activities.

See Appendix B of Pub. 946 for other prop-erty. If your property isn’t listed in Appendix B, it is considered to have no class life. Under ADS, personal property with no class life is depreci-ated using a recovery period of 12 years.

Use the mid-month convention for residen-tial rental property and nonresidential real

Depreciation of Rental PropertyPage 11

property. For all other property, use the	1040). However, don’t use that schedule to re-
half-year or mid-quarter convention, as appro-	port a not-for-profit activity. See Not Rented for
priate.	Profit, later, in chapter 4. There		are also other
See Pub. 946 for ADS depreciation tables.	rental	situations in which forms other than
	Schedule E would be used.

Schedule C (Form 1040), Profit or Loss From Business

Generally, Schedule C is used when you pro-vide substantial services in conjunction with the

Claiming the Correct Amount of Depreciation

You should claim the correct amount of depreci-ation each tax year. If you didn’t claim all the depreciation you were entitled to deduct, you must still reduce your basis in the property by the full amount of depreciation that you could have deducted. For more information, see De-preciation under Decreases to Basis in Pub. 551.

If you deducted an incorrect amount of de-preciation for property in any year, you may be able to make a correction by filing Form 1040-X, Amended U.S. Individual Income Tax Return. If you aren’t allowed to make the correction on an amended return, you may be able to change your accounting method to claim the correct amount of depreciation. See How Do You Cor-rect Depreciation Deductions? in Pub. 946 for more information.

3.

Reporting

Rental Income,

Expenses, and

Losses

Figuring the net income or loss for a residential rental activity may involve more than just listing the income and deductions on Schedule E (Form 1040). There are activities that don’t qualify to use Schedule E, such as when the ac-tivity isn’t engaged in to make a profit or when you provide substantial services in conjunction with the property.

There are also the limitations that may need to be applied if you have a net loss on Schedule E. There are two: (1) the limitation based on the amount of investment you have at risk in your rental activity, and (2) the special limits imposed on passive activities.

You may also have a gain or loss related to your rental property from a casualty or theft. This is considered separately from the income and ex-pense information you report on Schedule E.

Which Forms To Use

The basic form for reporting residential rental in-come and expenses is Schedule E (Form

Schedule E (Form 1040)

If you rent buildings, rooms, or apartments, and provide basic services such as heat and light, trash collection, etc., you normally report your rental income and expenses on Schedule E, Part I.

List your total income, expenses, and depre-ciation for each rental property. Be sure to enter the number of fair rental and personal-use days on line 2.

If you have more than three rental or royalty properties, complete and attach as many Schedules E as are needed to separately list all of the properties. However, fill in lines 23a through 26 on only one Schedule E. The figures on lines 23a through 26 on that Schedule E should be the combined totals for all properties reported on your Schedules E.

On Schedule E, page 1, line 18, enter the depreciation you are claiming for each property. You may also need to attach Form 4562 to claim some or all of your depreciation. See Form 4562, later, for more information.

If you have a loss from your rental real es-tate activity, you may also need to complete one or both of the following forms.

Form 6198, At-Risk Limitations. See At-Risk Rules, later. Also, see Pub. 925.
Form 8582, Passive Activity Loss Limita-tions. See Passive Activity Limits, later.

Page 2 of Schedule E is used to report in-come or loss from partnerships, S corporations, estates, trusts, and real estate mortgage invest-ment conduits. If you need to use page 2 of Schedule E and you have more than three rental or royalty properties, be sure to use page 2 of the same Schedule E you used to en-ter the combined totals for your rental activity on page 1. Also, include the amount from line 26 (Part I) in the “Total income or (loss)” on line 41 (Part V).

Form 4562. You must complete and attach Form 4562 if you are claiming the following de-preciation in your rental activity.

Depreciation, including the special depre-ciation allowance, on property placed in service during 2022.
Depreciation on listed property (such as a car), regardless of when it was placed in service.

Otherwise, figure your depreciation on your own worksheet. You don’t have to attach these com-putations to your return, but you should keep them in your records for future reference.

You may also need to attach Form 4562 if you are claiming a section 179 deduction, am-ortizing costs that began during 2022, or claim-ing any other deduction for a vehicle, including the standard mileage rate or lease expenses.

See Pub. 946 for information on preparing Form 4562.

property or the rental is part of a trade or busi-ness as a real estate dealer.

Providing substantial services. If you pro-vide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, you report your rental income and expenses on Schedule C. Use Form 1065, U.S. Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). Substantial services don’t include the furnishing of heat and light, cleaning of public areas, trash collection, etc. For more information, see Pub. 334, Tax Guide for Small Business. Also, you may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self-Employment Tax. For a discussion of “sub-stantial services,” see Real Estate Rents in chapter 5 of Pub. 334.

Qualified Joint Venture

If you and your spouse each materially partici-pate (see Material participation under Passive Activity Limits, later) as the only members of a jointly owned and operated real estate busi-ness, and you file a joint return for the tax year, you can make a joint election to be treated as a qualified joint venture instead of a partnership. This election, in most cases, won’t increase the total tax owed on the joint return, but it does give each of you credit for social security earn-ings on which retirement benefits are based and for Medicare coverage if your rental income is subject to self-employment tax.

If you make this election, you must report rental real estate income on Schedule E (or Schedule C, if you provide substantial serv-ices). You won’t be required to file Form 1065 for any year the election is in effect. Rental real estate income generally isn’t included in net earnings from self-employment subject to self -employment tax and is generally subject to the passive activity limits.

If you and your spouse filed a Form 1065 for the year prior to the election, the partnership terminates at the end of the tax year immedi-ately preceding the year the election takes ef-fect.

For more information on qualified joint ven-tures, go to IRS.gov/QJV.

Limits on Rental Losses

If you have a loss from your rental real estate activity, two sets of rules may limit the amount of loss you can report on Schedule E. You must consider these rules in the order shown below. Both are discussed in this section.

1. At-risk rules. These rules are applied first if there is investment in your rental real es-tate activity for which you aren’t at risk.

Page 12Chapter 3Reporting Rental Income, Expenses, and Losses

If you qualify as a real estate professional, rental real estate activities in which you materi-ally participated aren’t passive activities. For purposes of determining whether you materially participated in your rental real estate activities, each interest in rental real estate is a separate activity unless you elect to treat all your inter-ests in rental real estate as one activity.

Don’t count personal services you perform as an employee in real property trades or busi-nesses unless you are a 5% owner of your em-ployer. You are a 5% owner if you own (or are considered to own) more than 5% of your em-ployer's outstanding stock, or capital or profits interest.

This applies only if the real property was placed in service after 1986.

2. Passive activity limits. Generally, rental real estate activities are considered pas-sive activities and losses aren’t deductible unless you have income from other pas-sive activities to offset them. However, there are exceptions.

Excess business loss limitation. In addition to at-risk rules and passive activity limits, ex-cess business loss rules apply to losses from all noncorporate trades or businesses. This busi-ness loss limitation is figured using Form 461 after you complete your Schedule E. Any limita-tion to your loss resulting from these rules will not be reflected on your Schedule E. Instead, it will be added to your income on Form 1040 or 1040-SR and treated as a net operating loss that must be carried forward and deducted in a subsequent year.

At-Risk Rules

You may be subject to the at-risk rules if you have:

and for rental real estate with active participa-tion are discussed later.

For a detailed discussion of these rules, see Pub. 925.

Real estate professionals. If you are a real estate professional, complete line 43 of Sched-ule E.

You qualify as a real estate professional for the tax year if you meet both of the following re-quirements.

More than half of the personal services you perform in all trades or businesses during the tax year are performed in real property trades or businesses in which you materi-ally participate.

You perform more than 750 hours of serv-ices during the tax year in real property trades or businesses in which you materi-ally participate.

Material participation. Generally, you materi-ally participated in an activity for the tax year if you were involved in its operations on a regular, continuous, and substantial basis during the year. For details, see Pub. 925 or the Instruc-tions for Schedule C.

Participating spouse. If you are married, determine whether you materially participated in an activity by also counting any participation in the activity by your spouse during the year. Do this even if your spouse owns no interest in the activity or files a separate return for the year.

Form 8582. You may have to complete Form 8582 to figure the amount of any passive activ-ity loss for the current tax year for all activities and the amount of the passive activity loss al-lowed on your tax return. See Form 8582 not re-quired, later in this chapter, to determine if you must complete Form 8582.

If you are required to complete Form 8582 and are also subject to the at-risk rules, include the amount from Form 6198, line 21 (deductible loss), in column (b) of Form 8582, Worksheet 1 or 2, as required.

A loss from an activity carried on as a trade or business or for the production of in-come, and
Amounts invested in the activity for which you aren’t fully at risk.

Losses from holding real property (other than mineral property) placed in service before 1987 aren’t subject to the at-risk rules.

In most cases, any loss from an activity sub-ject to the at-risk rules is allowed only to the ex-tent of the total amount you have at risk in the activity at the end of the tax year. You are con-sidered at risk in an activity to the extent of cash and the adjusted basis of other property you contributed to the activity and certain amounts borrowed for use in the activity. Any loss that is disallowed because of the at-risk limits is trea-ted as a deduction from the same activity in the next tax year. See Pub. 925 for a discussion of the at-risk rules.

Form 6198. If you are subject to the at-risk rules, file Form 6198 with your tax return.

Passive Activity Limits

In most cases, all rental real estate activities (except those of certain real estate professio-nals, discussed later) are passive activities. For this purpose, a rental activity is an activity from which you receive income mainly for the use of tangible property, rather than for services. For a discussion of activities that aren’t considered rental activities, see Rental Activities in Pub. 925.

Deductions or losses from passive activities are limited. You generally can’t offset income, other than passive income, with losses from passive activities. Nor can you offset taxes on income, other than passive income, with credits resulting from passive activities. Any excess loss or credit is carried forward to the next tax year. Exceptions to the rules for figuring passive activity limits for personal use of a dwelling unit

Exception for Personal Use of

Dwelling Unit

If you used the rental property as a home during the year, any income, deductions, gain, or loss allocable to such use is not to be taken into ac-count for purposes of the passive activity loss limitation. Instead, follow the rules explained in chapter 5.

Don’t count your spouse's personal services		Exception for Rental Real Estate
to determine whether you met the requirements
listed earlier to qualify as a real estate profes-		With Active Participation
sional. However, you can count your spouse's		If you or your spouse actively participated in a
participation in an activity in determining if you
materially participated.		passive rental real estate activity, you may be
*Real property trades or businesses.* A		able to deduct up to $25,000 of loss from the
		activity from your nonpassive income. This spe-
real	property trade or business is a trade or
		cial allowance is an exception to the general
business that does any of the following with real
		rule disallowing losses in excess				of income
property.
		from passive activities. Similarly, you may be
•	Develops or redevelops it.
•	Constructs or reconstructs it.	able to offset credits from the activity against
•	Acquires it.	the tax on up to $25,000 of nonpassive income
•	Converts it.	after taking into account any losses allowed un-
•	Rents or leases it.	der this exception.
•	Operates or manages it.	*Example.* Jane is single and has $40,000
•	Brokers it.	in wages, $2,000 of passive income from a limi-
Choice to treat all interests as one activity.		ted partnership, and $3,500			of passive		loss
		from a rental real estate activity in which she ac-
If you were a real estate professional and had
		tively participated. $2,000 of Jane's $3,500 loss
more than one rental real estate interest during
		offsets	her passive income.		The	remaining
the year, you can choose to treat all the inter-
		$1,500 loss can be deducted from her $40,000
ests as one activity. You can make this choice
		wages.
for any year that you qualify as a real estate			The special allowance isn’t available if
professional. If you forgo making the choice for		!
one year, you can still make it for a later year.			you were	married,	lived	with	your
If you make the choice, it is binding for the		CAUTION	spouse at	any time	during	the	year,
tax year you make it and for any later year that		and are filing a separate return.
you are a real estate professional. This is true
even if you aren’t a real estate professional in		Active participation. You actively participated
any intervening year. (For that year, the excep-		in a rental real estate activity if you (and your
tion for real estate professionals won’t apply in		spouse) owned at least 10% of the rental prop-
determining whether your activity is subject to		erty and you made management decisions or
the passive activity rules.)		arranged for others to provide services (such as
See the Instructions for Schedule E for infor-		repairs) in a significant and bona fide sense.
mation about making this choice.		Management decisions that may count as ac-
		tive participation include approving new
	Chapter 3 Reporting Rental Income, Expenses, and Losses					Page 13

tenants, deciding on rental terms, approving ex-penditures, and other similar decisions.

Example. Mike is single and had the follow-ing income and losses during the tax year.

Salary . . . . . . . . . . . . . . . . . . . . . . . $42,300

Dividends . . . . . . . . . . . . . . . . . . . . .300

Interest . . . . . . . . . . . . . . . . . . . . . .1,400

Rental loss . . . . . . . . . . . . . . . . . . . .(4,000 )

The rental loss was from the rental of a house Mike owned. Mike had advertised and rented the house to the current tenant himself. He also collected the rents, which usually came by mail. All repairs were either made or contrac-ted out by Mike.

Although the rental loss is from a passive activity, because Mike actively participated in the rental property management, he can use the entire $4,000 loss to offset his other income.

Maximum special allowance. The maximum special allowance is:

$25,000 for single individuals and married individuals filing a joint return for the tax year,
$12,500 for married individuals who file separate returns for the tax year and lived apart from their spouses at all times during the tax year, and

$25,000 for a qualifying estate reduced by the special allowance for which the surviv-ing spouse qualified.

If your MAGI is $100,000 or less ($50,000 or less if married filing separately), you can deduct your loss up to the amount specified above. If your MAGI is more than $100,000 (more than $50,000 if married filing separately), your spe-cial allowance is limited to 50% of the difference between $150,000 ($75,000 if married filing separately) and your MAGI.

Generally, if your MAGI is $150,000 or more ($75,000 or more if you are married filing sepa-rately), there is no special allowance.

Modified adjusted gross income (MAGI). This is your adjusted gross income from Form 1040, 1040-SR, or 1040-NR, line 11, figured without taking into account:

1. The taxable amount of social security or equivalent tier 1 railroad retirement bene-fits,

2. The deductible contributions to traditional individual retirement accounts (IRAs) and section 501(c)(18) pension plans,

3. The exclusion from income of interest from series EE and I U.S. savings bonds used to pay higher educational expenses,

4. The exclusion of amounts received under an employer's adoption assistance pro-gram,

5. Any passive activity income or loss inclu-ded on Form 8582,

6. Any rental real estate loss allowed to real estate professionals,

7. Any overall loss from a publicly traded partnership (see Publicly Traded Partner-ships (PTPs) in the Instructions for Form 8582),

8. The deduction allowed for one-half of self-employment tax,

9. The deduction allowed for interest paid on student loans, and

10. The deduction allowed for foreign-derived intangible income and global intangible low-taxed income.

Form 8582 not required. Don’t complete Form 8582 if you meet all of the following condi-tions.

Your only passive activities were rental real estate activities in which you actively par-ticipated.
Your overall net loss from these activities is $25,000 or less ($12,500 or less if married filing separately and you lived apart from your spouse all year).

If married filing separately, you lived apart from your spouse all year.

You have no prior year unallowed losses from these (or any other passive) activities.
You have no current or prior year unal-lowed credits from passive activities.
Your MAGI is $100,000 or less ($50,000 or less if married filing separately and you lived apart from your spouse all year).
You don’t hold any interest in a rental real estate activity as a limited partner or as a beneficiary of an estate or a trust.

If you meet all of the conditions listed above, your rental real estate activities aren’t limited by the passive activity rules and you don’t have to complete Form 8582. On lines 23a through 23e of your Schedule E, enter the applicable amounts.

Casualties and Thefts

As a result of a casualty or theft, you may have a loss related to your rental property. You may be able to deduct the loss on your income tax return.

Casualty. This is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. Such events include a storm, fire, or earth-quake.

Theft. This is defined as the unlawful taking and removing of your money or property with the intent to deprive you of it.

Gain from casualty or theft. It is also possi-ble to have a gain from a casualty or theft if you receive money, including insurance, that is more than your adjusted basis in the property. Generally, you must report this gain. However, under certain circumstances, you may defer paying tax by choosing to postpone reporting the gain. To do this, you must generally buy re-placement property within 2 years after the close of the first tax year in which any part of your gain is realized. In certain circumstances, the replacement period can be greater than 2 years; see Replacement Period in Pub. 547 for more information. The cost of the replacement property must be equal to or more than the net insurance or other payment you received.

More information. For information on busi-ness and nonbusiness casualty and theft los-ses, see Pub. 547.

How to report. If you had a casualty or theft that involved property used in your rental activ-ity, figure the net gain or loss in Section B of Form 4684, Casualties and Thefts. Follow the Instructions for Form 4684 for where to carry your net gain or loss.

Example

In February 2017, Marie bought a rental house for $135,000 (house $120,000 and land $15,000) and immediately began renting it out. In 2022, she rented it all 12 months for a monthly rental fee of $1,125. In addition to her rental income of $13,500 (12 x $1,125), Marie had the following expenses.

Mortgage interest . . . . . . . . . . . . . . . . . . .$8,000

Fire insurance (1-year policy) . . . . . . . . . . .250

Miscellaneous repairs. . . . . . . . . . . . . . . .400

Real estate taxes imposed and paid . . . . . .500

Maintenance . . . . . . . . . . . . . . . . . . . . . .200

Marie depreciates the residential rental property under MACRS GDS. This means using the straight line method over a recovery period of 27.5 years.

She uses Table 2-2d to find her depreciation percentage. Because she placed the property in service in February 2017, she continues to use that row of Table 2-2d. For year 6, the rate is 3.636%.

Marie figures her net rental income or loss for the house as follows.

Total rental income received		$13,500
($1,125×12) ................	......
Minus: Expenses	$8,000
Mortgage interest . . . . . . . . . .
Fire insurance . . . . . . . . . . . . .	250
Miscellaneous repairs . . . . . . . .	400
Real estate taxes . . . . . . . . . .	500
Maintenance . . . . . . . . . . . . . .	200
. . . . . . . . . . . . .Totalexpenses	......	9,350
. . . . . . . . . . . . . . . . . . . .Balance	......		$4,150
Minus: Depreciation ($120,000 x 3.636%			4,363
(0.03636)) ......................
Net rental (loss) for house . . . . .	....	($213)

Marie had a net loss for the year. Because she actively participated in her passive rental real estate activity and her loss was less than $25,000, she can deduct the loss on her return. Marie also meets all of the requirements for not having to file Form 8582. She uses Schedule E, Part I, to report her rental income and expen-ses. She enters her income, expenses, and de-preciation for the house in the column for Prop-erty A and enters her loss on line 22. Form 4562 isn’t required.

Page 14Chapter 3Reporting Rental Income, Expenses, and Losses

4.

Special

Situations

This chapter discusses some rental real estate activities that are subject to additional rules.

Condominiums

A condominium is most often a dwelling unit in a multi-unit building, but can also take other forms, such as a townhouse or garden apart-ment.

If you own a condominium, you also own a share of the common elements, such as land, lobbies, elevators, and service areas. You and the other condominium owners may pay dues or assessments to a special corporation that is organized to take care of the common ele-ments.

Special rules apply if you rent your condo-minium to others. You can deduct as rental ex-penses all the expenses discussed in chapters 1 and 2. In addition, you can deduct any dues or assessments paid for maintenance of the common elements.

You can’t deduct special assessments you pay to a condominium management corporation for improvements. However, you may be able to recover your share of the cost of any improve-ment by taking depreciation.

Cooperatives

If you live in a cooperative, you don’t own your apartment. Instead, a corporation owns the apartments and you are a tenant-stockholder in the cooperative housing corporation. If you rent your apartment to others, you can usually de-duct, as a rental expense, all the maintenance fees you pay to the cooperative housing corpo-ration.

In addition to the maintenance fees paid to the cooperative housing corporation, you can deduct your direct payments for repairs, up-keep, and other rental expenses, including in-terest paid on a loan used to buy your stock in the corporation.

Depreciation

You will be depreciating your stock in the corpo-ration rather than the apartment itself. Figure your depreciation deduction as follows.

1. Figure the depreciation for all the depreci-able real property owned by the corpora-tion. (Depreciation methods are discussed in chapter 2 of this publication and Pub. 946.) If you bought your cooperative stock after its first offering, figure the deprecia-ble basis of this property as follows.

a. Multiply your cost per share by the to-tal number of outstanding shares.

b. Add to the amount figured in (a) any mortgage debt on the property on the date you bought the stock.

c. Subtract from the amount figured in

(b) any mortgage debt that isn’t for the depreciable real property, such as the part for the land.

2. Subtract from the amount figured in (1) any depreciation for space owned by the corporation that can be rented but can’t be lived in by tenant-stockholders.

3. Divide the number of your shares of stock by the total number of shares outstanding, including any shares held by the corpora-tion.

4. Multiply the result of (2) by the percentage you figured in (3). This is your depreciation on the stock.

Your depreciation deduction for the year can’t be more than the part of your adjusted ba-sis (defined in chapter 2) in the stock of the cor-poration that is allocable to your rental property.

Payments added to capital account. Pay-ments earmarked for a capital asset or improve-ment, or otherwise charged to the corporation's capital account, are added to the basis of your stock in the corporation. For example, you can’t deduct a payment used to pave a community parking lot, install a new roof, or pay the princi-pal of the corporation's mortgage.

Treat as a capital cost the amount you were assessed for capital items. This can’t be more than the amount by which your payments to the corporation exceeded your share of the corpo-ration's mortgage interest and real estate taxes.

Your share of interest and taxes is the amount the corporation elected to allocate to you, if it reasonably reflects those expenses for your apartment. Otherwise, figure your share in the following manner.

1. Divide the number of your shares of stock by the total number of shares outstanding, including any shares held by the corpora-tion.

2. Multiply the corporation's deductible inter-est by the number you figured in (1). This is your share of the interest.

3. Multiply the corporation's deductible taxes by the number you figured in (1). This is your share of the taxes.

Property Changed to Rental Use

If you change your home or other property (or a part of it) to rental use at any time other than the beginning of your tax year, you must divide yearly expenses, such as taxes and insurance, between rental use and personal use.

You can deduct as rental expenses only the part of the expense that is for the part of the year the property was used or held for rental purposes.

You can’t deduct depreciation or insurance for the part of the year the property was held for personal use. However, you can include the home mortgage interest and real estate tax ex-penses for the part of the year the property was held for personal use when figuring the amount you can deduct on Schedule A.

Example. Your tax year is the calendar year. You moved from your home in May and started renting it out on June 1. You can deduct as rental expenses seven-twelfths of your yearly expenses, such as taxes and insurance.

Starting with June, you can deduct as rental expenses the amounts you pay for items gener-ally billed monthly, such as utilities.

When figuring depreciation, treat the prop-erty as placed in service on June 1.

Basis of Property Changed to Rental Use

When you change property you held for per-sonal use to rental use (for example, you rent your former home), the basis for depreciation will be the lesser of the FMV or adjusted basis on the date of conversion.

FMV. This is the price at which the property would change hands between a willing buyer and a willing seller, neither having to buy or sell, and both having reasonable knowledge of all the relevant facts. Sales of similar property, on or about the same date, may be helpful in figur-ing the FMV of the property.

Figuring the basis. The basis for depreciation is the lesser of:

The FMV of the property on the date you changed it to rental use; or

Your adjusted basis on the date of the change—that is, your original cost or other basis of the property, plus the cost of per-manent additions or improvements since you acquired it, minus deductions for any casualty or theft losses claimed on earlier years' income tax returns and other de-creases to basis. For other increases and decreases to basis, see Adjusted Basis in chapter 2.

Example. You originally built a house for $140,000 on a lot that cost you $14,000, which you used as your home for many years. Before changing the property to rental use this year, you added $28,000 of permanent improve-ments to the house and claimed a $3,500 casu-alty loss deduction for damage to the house. Part of the improvements qualified for a $500 residential energy credit, which you claimed on a prior year tax return. Because land isn’t de-preciable, you can only include the cost of the house when figuring the basis for depreciation.

The adjusted basis of the house at the time of the change in its use was $164,000 ($140,000 + $28,000 − $3,500 − $500).

On the date of the change in use, your prop-erty had a FMV of $168,000, of which $21,000 was for the land and $147,000 was for the house.

The basis for depreciation on the house is the FMV on the date of the change ($147,000)

Chapter 4Special SituationsPage 15

because it is less than your adjusted basis ($164,000).

Cooperatives

If you change your cooperative apartment to rental use, figure your allowable depreciation as explained earlier. (Depreciation methods are discussed in chapter 2 of this publication and Pub. 946.) The basis of all the depreciable real property owned by the cooperative housing cor-poration is the smaller of the following amounts.

The FMV of the property on the date you change your apartment to rental use. This is considered to be the same as the corpo-ration's adjusted basis minus straight line depreciation, unless this value is unrealis-tic.

The corporation's adjusted basis in the property on that date. Don’t subtract de-preciation when figuring the corporation's adjusted basis.

If you bought the stock after its first offering, the corporation's adjusted basis in the property is the amount figured in (1) under Depreciation, earlier. The FMV of the property is considered to be the same as the corporation's adjusted basis figured in this way minus straight line de-preciation, unless the value is unrealistic.

Figuring the Depreciation Deduction

To figure the deduction, use the depreciation system in effect when you convert your resi-dence to rental use. Generally, that will be MACRS for any conversion after 1986. Treat the property as placed in service on the conver-sion date.

Example. Your converted residence (see the previous example under Figuring the basis, earlier) was available for rent on August 1. Us-ing Table 2-2d (see chapter 2), the percentage for Year 1 beginning in August is 1.364% and the depreciation deduction for Year 1 is $2,005 ($147,000 × 0.01364).

Renting Part of Property

If you rent part of your property, you must divide certain expenses between the part of the prop-erty used for rental purposes and the part of the property used for personal purposes, as though you actually had two separate pieces of prop-erty.

You can deduct the expenses related to the part of the property used for rental purposes, such as home mortgage interest and real estate taxes, as rental expenses on Schedule E (Form 1040). You can also deduct as rental expenses a portion of other expenses that are normally nondeductible personal expenses, such as ex-penses for electricity or painting the outside of the house.

There is no change in the types of expenses deductible for the personal-use part of your property. Generally, these expenses may be deducted only if you itemize your deductions on Schedule A (Form 1040).

Page 16Chapter 4Special Situations

You can’t deduct any part of the cost of the first phone line even if your tenants have unlimi-ted use of it.

You don’t have to divide the expenses that belong only to the rental part of your property. For example, if you paint a room that you rent or pay premiums for liability insurance in connec-tion with renting a room in your home, your en-tire cost is a rental expense. If you install a sec-ond phone line strictly for your tenant's use, all the cost of the second line is deductible as a rental expense. You can deduct depreciation on the part of the house used for rental purposes as well as on the furniture and equipment you use for rental purposes.

How to divide expenses. If an expense is for both rental use and personal use, such as mort-gage interest or heat for the entire house, you must divide the expense between rental use and personal use. You can use any reasonable method for dividing the expense. It may be rea-sonable to divide the cost of some items (for ex-ample, water) based on the number of people using them. The two most common methods for dividing an expense are (1) the number of rooms in your home, and (2) the square footage of your home.

Example. You rent a room in your house. The room is 12 × 15 feet, or 180 square feet. Your entire house has 1,800 square feet of floor space. You can deduct as a rental expense 10% of any expense that must be divided be-tween rental use and personal use. If your heat-ing bill for the year for the entire house was $600, $60 ($600 × 10% (0.10)) is a rental ex-pense. The balance, $540, is a personal ex-pense that you can’t deduct.

Duplex. A common situation is the duplex where you live in one unit and rent out the other. Certain expenses apply to the entire property, such as mortgage interest and real estate taxes, and must be split to determine rental and personal expenses.

Example. You own a duplex and live in one half, renting out the other half. Both units are approximately the same size. Last year, you paid a total of $10,000 mortgage interest and $2,000 real estate taxes for the entire property. You can deduct $5,000 mortgage interest and $1,000 real estate taxes on Schedule E. If you itemize your deductions, include the other $5,000 mortgage interest and $1,000 real es-tate taxes when figuring the amount you can deduct on Schedule A.

Not Rented for Profit

If you don’t rent your property to make a profit, you can’t deduct rental expenses in excess of the amount of your rental income. You can’t de-duct a loss or carry forward to the next year any rental expenses that are more than your rental income for the year.

Where to report. Report your not-for-profit rental income on Schedule 1 (Form 1040), line 8j. If you itemize your deductions, include your mortgage interest (if you use the property as your main home or second home), real es-

tate taxes, and casualty losses from your not-for-profit rental activity when figuring the amount you can deduct on Schedule A.

Presumption of profit. If your rental income is more than your rental expenses for at least 3 years out of a period of 5 consecutive years, you are presumed to be renting your property to make a profit.

Postponing decision. If you are starting your rental activity and don’t have 3 years showing a profit, you can elect to have the pre-sumption made after you have the 5 years of experience required by the test. You may choose to postpone the decision of whether the rental is for profit by filing Form 5213. You must file Form 5213 within 3 years after the due date of your return (determined without extensions) for the year in which you first carried on the ac-tivity or, if earlier, within 60 days after receiving written notice from the IRS proposing to disal-low deductions attributable to the activity.

More information. For more information about the rules for an activity not engaged in for profit, see Not-for-Profit Activities in chapter 1 of Pub. 535.

Example—Property Changed to Rental Use

In January, Eileen bought a condominium apart-ment to live in. Instead of selling the house she had been living in, she decided to change it to rental property. Eileen selected a tenant and started renting the house on February 1. Eileen charges $750 a month for rent and collects it herself. Eileen also received a $750 security deposit from her tenant. Because she plans to return it to her tenant at the end of the lease, she doesn’t include it in her income. Her rental expenses for the year are as follows.

Mortgage interest . . . . . . . . . . . . . . . .$1,800

Fire insurance (1-year policy) . . . . . . . .100

Miscellaneous repairs (after renting) . . .297

Real estate taxes imposed and paid . . .1,200

Eileen must divide the real estate taxes, mortgage interest, and fire insurance between the personal use of the property and the rental use of the property. She can deduct eleven-twelfths of these expenses as rental ex-penses. She can include the balance of the real estate taxes and mortgage interest when figur-ing the amount she can deduct on Schedule A if she itemizes. She can’t deduct the balance of the fire insurance because it is a personal ex-pense.

Eileen bought this house in 1987 for $35,000. Her property tax was based on as-sessed values of $10,000 for the land and $25,000 for the house. Before changing it to rental property, Eileen added several improve-ments to the house. She figures her adjusted basis as follows.

Improvements	Cost
House . . . . . . . . . . . . . . . . . . . . . . .	$25,000
Remodeled kitchen . . . . . . . . . . . . . .	4,200
Recreation room . . . . . . . . . . . . . . .	5,800
New roof . . . . . . . . . . . . . . . . . . . . .	1,600
Patio and deck . . . . . . . . . . . . . . . . .	2,400
Adjusted basis . . . . . . . . . . . .	$39,000

On February 1, when Eileen changed her house to rental property, the property had an FMV of $152,000. Of this amount, $35,000 was for the land and $117,000 was for the house.

Because Eileen's adjusted basis is less than the FMV on the date of the change, Eileen uses $39,000 as her basis for depreciation.

As specified for residential rental property, Eileen must use the straight line method of de-preciation over the GDS or ADS recovery pe-riod. She chooses the GDS recovery period of 27.5 years.

She uses Table 2-2d to find her depreciation percentage. Because she placed the property in service in February, the percentage is 3.182%.

On April 1, Eileen bought a new dishwasher for the rental property at a cost of $425. The dishwasher is personal property used in a rental real estate activity, which has a 5-year recovery period. She uses Table 2-2a to find the depreci-ation percentage for Year 1 under “Half-year convention” (20%) to figure her depreciation de-duction.

On May 1, Eileen paid $4,000 to have a fur-nace installed in the house. The furnace is resi-dential rental property. Because she placed the property in service in May, the depreciation per-centage from Table 2-2d is 2.273%.

Eileen figures her net rental income or loss for the house as follows.

Total rental income received	...... $8,250
($750×11) ...............
Minus: Expenses
Mortgage interest ($1,800 ×	$1,650
¹¹/12) ...................
Fire insurance ($100 ×	92
¹¹/12) ...................
Miscellaneous repairs . . . . . .	297
Real estate taxes ($1,200 ×	1,100
¹¹/12) ...................
. . . . . . . . . . . .Totalexpenses	......	3,139
. . . . . . . . . . . . . . . . . . . . . . . . .Balance			$5,111
Minus: Depreciation
House ($39,000 ×	$1,241
0.03182) ................
Dishwasher ($425 ×	85
0.20) ...................
Furnace ($4,000 ×	91
0.02273) ................
. . . . . . . . . .Totaldepreciation	......		1,417
Net rental income for	$3,694
house . . . . . . . . . . . . . .

Eileen uses Schedule E, Part I, to report her rental income and expenses. She enters her in-come, expenses, and depreciation for the house in the column for Property A. Because all property was placed in service this year, Eileen

must use Form 4562 to figure the depreciation. See the Instructions for Form 4562 for more in-formation on preparing the form.

5.

Personal Use of Dwelling Unit (Including Vacation Home)

If you have any personal use of a dwelling unit (including a vacation home) that you rent, you must divide your expenses between rental use and personal use. In general, your rental expen-ses will be no more than your total expenses multiplied by a fraction, the denominator of which is the total number of days the dwelling unit is used and the numerator of which is the total number of days actually rented at a fair rental price. Only your rental expenses may be deducted on Schedule E (Form 1040). Some of your personal expenses may be deductible on Schedule A (Form 1040) if you itemize your de-ductions.

You must also determine if the dwelling unit is considered a home. The amount of rental ex-penses that you can deduct may be limited if the dwelling unit is considered a home. Whether a dwelling unit is considered a home depends on how many days during the year are considered to be days of personal use. There is a special rule if you used the dwelling unit as a home and you rented it for less than 15 days during the year.

Dwelling unit. A dwelling unit includes a house, apartment, condominium, mobile home, boat, vacation home, or similar property. It also includes all structures or other property belong-ing to the dwelling unit. A dwelling unit has ba-sic living accommodations, such as sleeping space, a toilet, and cooking facilities.

A dwelling unit doesn’t include property (or part of the property) used solely as a hotel, mo-tel, inn, or similar establishment. Property is used solely as a hotel, motel, inn, or similar es-tablishment if it is regularly available for occu-pancy by paying customers and isn’t used by an owner as a home during the year.

Example. You rent a room in your home that is always available for short-term occu-pancy by paying customers. You don’t use the room yourself and you allow only paying cus-tomers to use the room. This room is used solely as a hotel, motel, inn, or similar establish-ment and isn’t a dwelling unit.

Dividing Expenses

If you use a dwelling unit for both rental and per-sonal purposes, divide your expenses between the rental use and the personal use based on the number of days used for each purpose.

When dividing your expenses, follow these rules.

Any day that the unit is rented at a fair rental price is a day of rental use even if you used the unit for personal purposes that day. (This rule doesn’t apply when de-termining whether you used the unit as a home.)

Any day that the unit is available for rent but not actually rented isn’t a day of rental use.

Fair rental price. A fair rental price for your property is generally the amount of rent that a person who isn’t related to you would be willing to pay. The rent you charge isn’t a fair rental price if it is substantially less than the rents charged for other properties that are similar to your property in your area.

Ask yourself the following questions when comparing another property with yours.

Is it used for the same purpose?
Is it approximately the same size?
Is it in approximately the same condition?
Does it have similar furnishings?
Is it in a similar location?

If any of the answers are no, the properties probably aren’t similar.

Example. Your beach cottage was availa-ble for rent from June 1 through August 31 (92 days). Except for the first week in August (7 days), when you were unable to find a renter, you rented the cottage at a fair rental price dur-ing that time. The person who rented the cot-tage for July allowed you to use it over the weekend (2 days) without any reduction in or refund of rent. Your family also used the cottage during the last 2 weeks of May (14 days). The cottage wasn’t used at all before May 17 or af-ter August 31.

You figure the part of the cottage expenses to treat as rental expenses as follows.

The cottage was used for rental a total of 85 days (92 − 7). The days it was available for rent but not rented (7 days) aren’t days of rental use. The July weekend (2 days) you used it is rental use because you re-ceived a fair rental price for the weekend.

You used the cottage for personal purpo-ses for 14 days (the last 2 weeks in May).
The total use of the cottage was 99 days (14 days personal use + 85 days rental use).
Your rental expenses are 85/99 (86%) of the cottage expenses.

Note. When determining whether you used the cottage as a home, the July weekend (2 days) you used it is considered personal use even though you received a fair rental price for the weekend. Therefore, you had 16 days of personal use and 83 days of rental use for this

Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)Page 17

purpose. Because you used the cottage for per-sonal purposes more than 14 days and more than 10% of the days of rental use (8 days), you used it as a home. If you have a net loss, you may not be able to deduct all of the rental ex-penses. See Dwelling Unit Used as a Home next.

Dwelling Unit Used as a Home

If you use a dwelling unit for both rental and per-sonal purposes, the tax treatment of the rental expenses you figured earlier under Dividing Ex-penses and rental income depends on whether you are considered to be using the dwelling unit as a home.

You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of:

1. 14 days, or

2. 10% of the total days it is rented to others at a fair rental price.

See What is a day of personal use, later.

If a dwelling unit is used for personal purpo-ses on a day it is rented at a fair rental price (discussed earlier), don’t count that day as a day of rental use in applying (2) above. Instead, count it as a day of personal use in applying both (1) and (2) above.

What is a day of personal use? A day of per-sonal use of a dwelling unit is any day that the unit is used by any of the following persons.

1. You or any other person who owns an in-terest in it, unless you rent it to another owner as their main home under a shared equity financing agreement (defined later). However, see Days used as a main home before or after renting, later.

2. A member of your family or a member of the family of any other person who owns an interest in it, unless the family member uses the dwelling unit as their main home and pays a fair rental price. Family in-cludes only your spouse, siblings, half sib-lings, ancestors (parents, grandparents, etc.), and lineal descendants (children, grandchildren, etc.).

3. Anyone under an arrangement that lets you use some other dwelling unit.

4. Anyone at less than a fair rental price.

Main home. If the other person or member of the family in (1) or (2) has more than one home, their main home is ordinarily the one they lived in most of the time.

Shared equity financing agreement. This is an agreement under which two or more per-sons acquire undivided interests for more than 50 years in an entire dwelling unit, including the land, and one or more of the co-owners is enti-tled to occupy the unit as their main home upon payment of rent to the other co-owner(s).

Donation of use of the property. You use a dwelling unit for personal purposes if:

You donate the use of the unit to a charita-ble organization,

The organization sells the use of the unit at a fundraising event, and

The “purchaser” uses the unit.

Examples. The following examples show how to determine if you have days of personal use.

Example 1. You and your neighbor are co-owners of a condominium at the beach. Last year, you rented the unit to vacationers when-ever possible. The unit wasn’t used as a main home by anyone. Your neighbor used the unit for 2 weeks last year; you didn’t use it at all.

Because your neighbor has an interest in the unit, both of you are considered to have used the unit for personal purposes during those 2 weeks.

Example 2. You and your neighbors are co-owners of a house under a shared equity fi-nancing agreement. Your neighbors live in the house and pay you a fair rental price.

Even though your neighbors have an inter-est in the house, the days your neighbors live there aren’t counted as days of personal use by you. This is because your neighbors rent the house as their main home under a shared equity financing agreement.

Example 3. You own a rental property that you rent to your son. Your son doesn’t own any interest in this property. He uses it as his main home and pays you a fair rental price.

Your son's use of the property isn’t personal use by you because your son is using it as his main home, he owns no interest in the property, and he is paying you a fair rental price.

Example 4. You rent your beach house to Rosa. Rosa rents her cabin in the mountains to you. You each pay a fair rental price.

You are using your beach house for per-sonal purposes on the days that Rosa uses it because your house is used by Rosa under an arrangement that allows you to use her cabin.

Example 5. You rent an apartment to your mother at less than a fair rental price. You are using the apartment for personal purposes on the days that your mother rents it because you rent it for less than a fair rental price.

Days used for repairs and maintenance. Any day that you spend working substantially full time repairing and maintaining (not improv-ing) your property isn’t counted as a day of per-sonal use. Don’t count such a day as a day of personal use even if family members use the property for recreational purposes on the same day.

Example. Corey owns a cabin in the moun-tains that he rents for most of the year. He spends a week at the cabin with family mem-bers. Corey works on maintenance of the cabin 3 or 4 hours each day during the week and spends the rest of the time fishing, hiking, and relaxing. Corey's family members, however, work substantially full time on the cabin each

day during the week. The main purpose of be-ing at the cabin that week is to do maintenance work. Therefore, the use of the cabin during the week by Corey and his family won’t be consid-ered personal use by Corey.

Days used as a main home before or af-ter renting. For purposes of determining whether a dwelling unit was used as a home, you may not have to count days you used the property as your main home before or after rent-ing it or offering it for rent as days of personal use. Don’t count them as days of personal use

^if:• You rented or tried to rent the property for 12 or more consecutive months, or

You rented or tried to rent the property for a period of less than 12 consecutive months and the period ended because you sold or exchanged the property.

However, this special rule doesn’t apply when dividing expenses between rental and personal use. See Property Changed to Rental Use in chapter 4.

Example 1. On February 28, 2021, you moved out of the house you had lived in for 6 years because you accepted a job in another town. You rented your house at a fair rental price from March 15, 2021, to May 14, 2022 (14 months). On June 1, 2022, you moved back into your old house.

The days you used the house as your main home from January 1 to February 28, 2021, and from June 1 to December 31, 2022, aren’t coun-ted as days of personal use. Therefore, you would use the rules in chapter 1 when figuring your rental income and expenses.

Example 2. On January 31, you moved out of the condominium where you had lived for 3 years. You offered it for rent at a fair rental price beginning on February 1. You were unable to rent it until April. On September 15, you sold the condominium.

The days you used the condominium as your main home from January 1 to January 31 aren’t counted as days of personal use when determining whether you used it as a home.

Examples. The following examples show how to determine whether you used your rental property as a home.

Example 1. You converted the basement of your home into an apartment with a bedroom, a bathroom, and a small kitchen. You rented the basement apartment at a fair rental price to col-lege students during the regular school year. You rented to them on a 9-month lease (273 days). You figured 10% of the total days rented to others at a fair rental price is 27 days.

During June (30 days), your brothers stayed with you and lived in the basement apartment rent free.

Your basement apartment was used as a home because you used it for personal purpo-ses for 30 days. Rent-free use by your brothers is considered personal use. Your personal use (30 days) is more than the greater of 14 days or 10% of the total days it was rented (27 days).

Page 18Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)

Example 2. You rented the guest bedroom in your home at a fair rental price during the lo-cal college's homecoming, commencement, and football weekends (a total of 27 days). Your sister-in-law stayed in the room rent free for the last 3 weeks (21 days) in July. You figured 10% of the total days rented to others at a fair rental price is 3 days.

The room was used as a home because you used it for personal purposes for 21 days. That is more than the greater of 14 days or 10% of the 27 days it was rented (3 days).

Example 3. You own a condominium apart-ment in a resort area. You rented it at a fair rental price for a total of 170 days during the year. For 12 of these days, the tenant wasn’t able to use the apartment and allowed you to use it even though you didn’t refund any of the rent. Your family actually used the apartment for 10 of those days. Therefore, the apartment is treated as having been rented for 160 (170 –

10) days. You figured 10% of the total days ren-ted to others at a fair rental price is 16 days. Your family also used the apartment for 7 other days during the year.

You used the apartment as a home because you used it for personal purposes for 17 days. That is more than the greater of 14 days or 10% of the 160 days it was rented (16 days).

Minimal rental use. If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period isn’t treated as rental activity. See Used as a home but rented less than 15 days, later, for more information.

Limit on deductions. Renting a dwelling unit that is considered a home isn’t a passive activ-ity. Instead, if your rental expenses are more

than your rental income, some or all of the ex-cess expenses can’t be used to offset income from other sources. The excess expenses that can’t be used to offset income from other sour-ces are carried forward to the next year and treated as rental expenses for the same prop-erty. Any expenses carried forward to the next year will be subject to any limits that apply for that year. This limitation will apply to expenses carried forward to another year even if you don’t use the property as your home for that subse-quent year.

To figure your deductible rental expenses for this year and any carryover to next year, use Worksheet 5-1.

Reporting Income and Deductions

Property not used for personal purposes. If you don’t use a dwelling unit for personal purpo-ses, see chapter 3 for how to report your rental income and expenses.

Property used for personal purposes. If you do use a dwelling unit for personal purposes, then how you report your rental income and ex-penses depends on whether you used the dwelling unit as a home.

Not used as a home. If you use a dwelling unit for personal purposes, but not as a home, report all the rental income in your income. Be-cause you used the dwelling unit for personal purposes, you must divide your expenses be-tween the rental use and the personal use as described earlier in this chapter under Dividing

Expenses. The expenses for personal use aren’t deductible as rental expenses.

Your deductible rental expenses can be more than your gross rental income; however, see Limits on Rental Losses in chapter 3.

Used as a home but rented less than 15 days. If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function isn’t considered to be rental and it shouldn’t be reported on Schedule E (Form 1040). You aren’t required to report the rental income and rental expenses from this ac-tivity. Any expenses related to the home, such as mortgage interest, property taxes, and any qualified casualty loss, will be reported as nor-mally allowed on Schedule A (Form 1040). See the Instructions for Schedule A for more infor-mation on deducting these expenses.

Used as a home and rented 15 days or more. If you use a dwelling unit as a home and rent it 15 days or more during the year, include all your rental income in your income. Because you used the dwelling unit for personal purpo-ses, you must divide your expenses between the rental use and the personal use as descri-bed earlier in this chapter under Dividing Ex-penses. The expenses for personal use aren’t deductible as rental expenses.

If you had a net profit from renting the dwell-ing unit for the year (that is, if your rental income is more than the total of your rental expenses, including depreciation), deduct all of your rental expenses. You don’t need to use Worksheet 5-1.

However, if you had a net loss from renting the dwelling unit for the year, your deduction for certain rental expenses is limited. To figure your deductible rental expenses and any carryover to next year, use Worksheet 5-1.

Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)Page 19

Worksheet 5-1. Worksheet for Figuring Rental

Deductions for a Dwelling Unit Used as a Home

Keep for Your Records

Use this worksheet only if you answer “Yes” to all of the following questions.

Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home.)
Did you rent the dwelling unit at a fair rental price 15 days or more this year?
Is the total of your rental expenses and depreciation more than your rental income?

PART I. Rental Use Percentage

A.	Total days available for rent at fair rental price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	A.
B.	Total days available for rent (line A) but not rented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	B.
C.	Total days of rental use. Subtract line B from line A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	C.
D.	Total days of personal use (including days rented at less than fair rental price) . . . . . . . . .	D.
E.	Total days of rental and personal use. Add lines C and D . . . . . . . . . . . . . . . . . . . . . . . . .	E.
F.	. . . . . . . . . . .Percentageofexpensesallowedforrental.DividelineCbylineE........	....	...........	F. .

PART II. Allowable Rental Expenses

1.	Enter rents received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	....1............
2a.	. . .Entertherentalportionofdeductiblehomemortgageinterest.Seeinstructions........	2a.
b.	. . .Entertherentalportionofdeductiblerealestatetaxes.Seeinstructions..............	b.
c.	. . .Entertherentalportionofdeductiblecasualtyandtheftlosses.Seeinstructions.......	c.
d.	. . .Enterdirectrentalexpenses.Seeinstructions..................................	d.
e.	Fully deductible rental expenses. Add lines 2a–2d. Enter here and			2e.
	on the appropriate lines on Schedule E. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	....	...........
3.	. . . .Subtractline2efromline1.Ifzeroorless,enter-0-.............................	............... 3.
4a.	Enter the rental portion of expenses directly related to operating or maintaining	4a.
	the dwelling unit (such as repairs, insurance, and utilities) . . . . . . . . . . . . . . . . . . . . . . . . . . .
b.	. . .Entertherentalportionofexcessmortgageinterest.Seeinstructions...............	b.
c.	. . .Entertherentalportionofexcessrealestatetaxes.Seeinstructions................	c.
d.	. . .Carryoverofoperatingexpensesfrom2021worksheet...........................	d.
e.	. . .Addlines4a–4d.........................................................	e.
f.	. . . .Allowableexpenses.Enterthesmallerofline3orline4e.Seeinstructions.........	....	...........	4f.
5.	. . . .Subtractline4ffromline3.Ifzeroorless,enter-0-..............................	............... 5.
6a.	Enter the rental portion of excess casualty and theft losses. See instructions . . . . . . . . . . . . .	6a.
b.	. . .Entertherentalportionofdepreciationofthedwellingunit........................	b.
c.	. . .Carryoverofexcesscasualtyandtheftlossesanddepreciationfrom2021worksheet...	c.
d.	. . .Addlines6a–6c.........................................................	d.
e.	Allowable excess casualty and theft losses and depreciation. Enter the smaller of			6e.
	line 5 or line 6d. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	....	...........

PART III. Carryover of Unallowed Expenses to Next Year
7a.	Operating expenses to be carried over to next year. Subtract line 4f from line 4e . . . . . . .	....	...........	7a.
b.	Excess casualty and theft losses and depreciation to be carried over to next year.			b.
	Subtract line 6e from line 6d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	....	...........

Page 20Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)

Worksheet 5-1 Instructions. Worksheet for Figuring Rental Deductions for a	Keep for Your Records
Dwelling Unit Used as a Home

Caution. Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4c, and 6a–6b of Part II. Line 2a. If you are claiming the standard deduction, do not report an amount on line 2a; instead, report the rental portion of your

mortgage interest on line 4b.

If you are itemizing your deductions on Schedule A, figure the amount of mortgage interest to include on line 2a by using the following steps.

Step 1. Treat all the mortgage interest you paid for mortgages secured by your home(s) as a personal expense and figure the amount that would be deductible as an itemized expense on Schedule A. See Pub. 936 for more information about figuring the home mortgage interest deduction and the limits that may apply.

Step 2. Include on line 2a the rental portion of deductible mortgage interest figured in Step 1 that is attributable to the home you are renting.

Note. Be sure to claim only the personal portion of your deductible mortgage interest on Schedule A. The personal portion of mortgage interest on the dwelling unit doesn't include the rental portion you reported on line 2a of this Worksheet 5-1 or any portion that you deducted on other forms, such as Schedule C or F.

Line 2b.If you are claiming the standard deduction, do not report an amount on line 2b; instead, report the rental portion of your real estate taxes on line 4c.

If you are itemizing your deductions on Schedule A, figure the amount to report on line 2b by using the following steps.

Step 1. If the total of your state and local income (or, if elected on your Schedule A, general sales) taxes, real estate taxes, and personal property taxes is not more than $10,000 ($5,000 if married filing separately), enter the rental portion of the real estate taxes attributable to the dwelling unit you are renting on line 2b.

Step 2. If you do not meet the condition of Step 1, use the following worksheet to figure the amount to include on line 2b. Line 2b Worksheet

1. Enter your state and local income taxes (or, if you elect on Schedule A, your state and local general sales taxes) that are personal expenses . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Enter all the state and local real estate taxes you paid on the dwelling unit you are renting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Enter any other state and local real estate taxes you paid that are a personal expense and not included on line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Enter your state and local personal property taxes that are a personal expense . . . . . . .

5. Add lines 1 through 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Multiply line 2 by the percentage of expenses allowed for rental (Part I, line F) . . . . . . . .

7. Subtract line 6 from line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Subtract line 7 from $10,000 ($5,000 if married filing separately). If zero or less,

enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Real estate taxes reported on line 2b. Enter the smaller of line 6 or line 8 here and on line 2b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Excess real estate taxes reported on line 4c. Subtract line 9 from line 6 . . . . . . . . . .

Note. Be sure to report only the personal portion of your real estate taxes on line 5b of Schedule A. The personal portion of real estate taxes on the dwelling unit doesn't include the rental portion you reported on line 2b of this Worksheet 5-1 or any portion that you deducted on other forms, such as Schedule C or F.

Line 2c.If you are claiming the standard deduction and you are not increasing your standard deduction by a net qualified disaster loss, do not report an amount on line 2c; instead, report the rental portion of your casualty losses on line 6a.

If you are itemizing your deductions on Schedule A or filing a Schedule A to increase your standard deduction by a net qualified disaster loss, figure the amount to report on line 2c by using the following steps.

Step 1. Complete a worksheet version of Section A of Form 4684 treating all your casualty losses (and gains) as personal expenses. If you are itemizing your deductions, when completing line 17 of this worksheet version of Form 4684, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. Don't file this worksheet version of Form 4684; instead, keep it for your records. You will complete a separate Form 4684 to attach to your return using only the personal portion of your casualty losses (and gains) for Section A.

Step 2. Include on line 2c the rental portion of the loss amounts from lines 15 and 18 of this worksheet version of Form 4684 that are the result of a federally declared disaster. If you are claiming an increased standard deduction instead of itemizing your deductions, only use the rental portion of a net qualified disaster loss on line 15 of the worksheet version of Form 4684 for this Step 2.

Note. Be sure to use only the personal portion of your casualty losses (and gains) when completing Section A of the separate Form 4684 you attach to your return. The separate Form 4684 you attach to your return is used to figure the casualty losses you can include on line 15 of Schedule A and the net qualified disaster losses you can include on line 16 of Schedule A. You will report casualty and theft losses attributable to your rental activity in Section B of the separate Form 4684 you attach to your return.

Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)Page 21

Worksheet 5-1 Instructions—Continued

Line 2d.Enter the total of your rental expenses that are directly related only to the rental activity. These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. Also, include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity.

Line 2e.You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses even if your rental expenses are more than your rental income. Enter the amounts on lines 2a, 2b, and 2d on the appropriate lines of Schedule E. Include the amount from line 2c with the casualty loss from line 6e, if any, in Section B of Form 4684, on line 27, and enter “See attached statement” above line 27. Attach a statement to your tax return showing how you calculated the deductible loss (you can use the worksheet as your attachment).

Line 4b.If you are claiming the standard deduction, enter the rental portion of all the home mortgage interest paid for loans used to buy, build, or substantially improve the dwelling unit you are renting on line 4b. Do not include mortgage interest on a loan that did not benefit the dwelling unit (for example, a home equity loan used to pay off credit card bills, to buy a car, or to pay tuition costs).

If you are itemizing your deductions and the amount you figured in Step 1 under Line 2a was less than the full amount of interest you paid because of the limits on deducting home mortgage interest as a personal expense, include on line 4b the rental portion of the excess attributable to the loans used to buy, build, or substantially improve the dwelling unit you rented.

Line 4c.If you are claiming the standard deduction, enter the rental portion of all the real estate taxes paid on the dwelling unit you rented.

If you are itemizing your deductions and you used the Line 2b Worksheet to figure the amount to include on line 2b, then include the amount from line 10 of the Line 2b Worksheet on line 4c; otherwise, do not enter an amount on line 4c.

Line 4f.You can deduct the amounts on lines 4a, 4b, 4c, and 4d as rental expenses on Schedule E only to the extent they aren’t more than the amount on line 4f.*

Line 6a.If you are claiming the standard deduction and not increasing it by a net qualified disaster loss, enter the rental portion of all casualty losses attributable to the dwelling unit you rented.

If you are itemizing your deductions on Schedule A or filing a Schedule A to increase your standard deduction by a net qualified disaster loss, enter the rental portion of the casualty losses attributable to the dwelling unit you rented that are in excess of the amount you figured on lines 15 and 18 of your worksheet version of Form 4684.

Line 6e.You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses only to the extent they aren’t more than the amount on line 6e.* Include the depreciation from line 6e, if any, on the appropriate line of Schedule E. Include the casualty loss from line 6e, if any, with the casualty loss from line 2c in Section B of Form 4684, on line 27, and enter “See attached statement” above line 27. Attach a statement to your tax return showing how you calculated the deductible loss (you can use the worksheet as your attachment).

Allocating the limited deduction. If you can’t deduct all of the amount on line 4e or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4e or 6d. Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I, or if a casualty loss, as instructed earlier on Form 4684, line 27.

Page 22Chapter 5Personal Use of Dwelling Unit (Including Vacation Home)

6.

How To Get Tax Help

If you have questions about a tax issue; need help preparing your tax return; or want to down-load free publications, forms, or instructions, go to IRS.gov to find resources that can help you right away.

Preparing and filing your tax return. After receiving all your wage and earnings state-ments (Forms W-2, W-2G, 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment compensation statements (by mail or in a digital format) or other government payment statements (Form 1099-G); and interest, dividend, and retirement statements from banks and investment firms (Forms 1099), you have several options to choose from to prepare and file your tax return. You can prepare the tax return yourself, see if you qualify for free tax preparation, or hire a tax professional to prepare your return.

Free options for tax preparation. Go to IRS.gov to see your options for preparing and filing your return online or in your local commun-ity, if you qualify, which include the following.

Free File. This program lets you prepare and file your federal individual income tax return for free using brand-name tax-prep-aration-and-filing software or Free File filla-ble forms. However, state tax preparation may not be available through Free File. Go to IRS.gov/FreeFile to see if you qualify for free online federal tax preparation, e-filing, and direct deposit or payment options.

VITA. The Volunteer Income Tax Assis-tance (VITA) program offers free tax help to people with low-to-moderate incomes, persons with disabilities, and limited-Eng-lish-speaking taxpayers who need help preparing their own tax returns. Go to IRS.gov/VITA, download the free IRS2Go app, or call 800-906-9887 for information on free tax return preparation.

TCE. The Tax Counseling for the Elderly (TCE) program offers free tax help for all taxpayers, particularly those who are 60 years of age and older. TCE volunteers specialize in answering questions about pensions and retirement-related issues unique to seniors. Go to IRS.gov/TCE, download the free IRS2Go app, or call

888-227-7669 for information on free tax return preparation.

MilTax. Members of the U.S. Armed Forces and qualified veterans may use Mil-Tax, a free tax service offered by the De-partment of Defense through Military One-Source. For more information, go to MilitaryOneSource (MilitaryOneSource.mil/ MilTax).

Also, the IRS offers Free Fillable Forms, which can be completed online and then filed electronically regardless of in-come.

Using online tools to help prepare your re-turn. Go to IRS.gov/Tools for the following.

The Earned Income Tax Credit Assistant (IRS.gov/EITCAssistant) determines if you’re eligible for the earned income credit (EIC).

The Online EIN Application (IRS.gov/EIN) helps you get an employer identification number (EIN) at no cost.
The Tax Withholding Estimator (IRS.gov/ W4app) makes it easier for you to estimate the federal income tax you want your em-ployer to withhold from your paycheck. This is tax withholding. See how your with-holding affects your refund, take-home pay, or tax due.

The First-Time Homebuyer Credit Account Look-up (IRS.gov/HomeBuyer) tool pro-vides information on your repayments and account balance.

The Sales Tax Deduction Calculator

(IRS.gov/SalesTax) figures the amount you can claim if you itemize deductions on Schedule A (Form 1040).

Getting answers to your tax ques-tions. On IRS.gov, you can get up-to-date information on current

events and changes in tax law.

IRS.gov/Help: A variety of tools to help you get answers to some of the most common tax questions.
IRS.gov/ITA: The Interactive Tax Assistant, a tool that will ask you questions and, based on your input, provide answers on a number of tax law topics.

IRS.gov/Forms: Find forms, instructions, and publications. You will find details on the most recent tax changes and interac-tive links to help you find answers to your questions.

You may also be able to access tax law in-formation in your electronic filing software.

Need someone to prepare your tax return? There are various types of tax return preparers, including enrolled agents, certified public ac-countants (CPAs), accountants, and many oth-ers who don’t have professional credentials. If you choose to have someone prepare your tax return, choose that preparer wisely. A paid tax preparer is:

Primarily responsible for the overall sub-stantive accuracy of your return,

Required to sign the return, and
Required to include their preparer tax iden-tification number (PTIN).

Although the tax preparer always signs the re-turn, you're ultimately responsible for providing all the information required for the preparer to accurately prepare your return. Anyone paid to prepare tax returns for others should have a thorough understanding of tax matters. For more information on how to choose a tax pre-parer, go to Tips for Choosing a Tax Preparer on IRS.gov.

Coronavirus. Go to IRS.gov/Coronavirus for links to information on the impact of the corona-virus, as well as tax relief available for individu-als and families, small and large businesses, and tax-exempt organizations.

Employers can register to use Business Services Online. The Social Security Adminis-tration (SSA) offers online service at SSA.gov/ employer for fast, free, and secure online W-2 filing options to CPAs, accountants, enrolled agents, and individuals who process Form W-2, Wage and Tax Statement, and Form W-2c, Corrected Wage and Tax Statement.

IRS social media. Go to IRS.gov/SocialMedia to see the various social media tools the IRS uses to share the latest information on tax changes, scam alerts, initiatives, products, and services. At the IRS, privacy and security are our highest priority. We use these tools to share public information with you. Don’t post your so-cial security number (SSN) or other confidential information on social media sites. Always pro-tect your identity when using any social net-working site.

The following IRS YouTube channels pro-vide short, informative videos on various tax-re-lated topics in English, Spanish, and ASL.

Watching IRS videos. The IRS Video portal (IRSVideos.gov) contains video and audio pre-sentations for individuals, small businesses, and tax professionals.

Online tax information in other languages. You can find information on IRS.gov/ MyLanguage if English isn’t your native lan-guage.

Free Over-the-Phone Interpreter (OPI) Serv-ice. The IRS is committed to serving our multi-lingual customers by offering OPI services. The OPI Service is a federally funded program and is available at Taxpayer Assistance Centers (TACs), other IRS offices, and every VITA/TCE return site. The OPI Service is accessible in more than 350 languages.

Accessibility Helpline available for taxpay-ers with disabilities. Taxpayers who need in-formation about accessibility services can call 833-690-0598. The Accessibility Helpline can answer questions related to current and future accessibility products and services available in alternative media formats (for example, braille, large print, audio, etc.). The Accessibility Help-line does not have access to your IRS account. For help with tax law, refunds, or account-rela-ted issues, go to IRS.gov/LetUsHelp.

Note. Form 9000, Alternative Media Prefer-ence, or Form 9000(SP) allows you to elect to receive certain types of written correspondence in the following formats.

• Standard Print.

• Large Print.

• Braille.

• Audio (MP3).

• Plain Text File (TXT).

• Braille Ready File (BRF).

Disasters. Go to Disaster Assistance and

	Emergency	Relief	for Individuals and
Chapter 6		How To Get Tax Help		Page 23

Businesses to review the available disaster tax relief.

Getting tax forms and publications. Go to IRS.gov/Forms to view, download, or print all the forms, instructions, and publications you may need. Or, you can go to IRS.gov/ OrderForms to place an order.

Getting tax publications and instructions in eBook format. You can also download and view popular tax publications and instructions (including the Instructions for Form 1040) on mobile devices as eBooks at IRS.gov/eBooks.

Note. IRS eBooks have been tested using Apple's iBooks for iPad. Our eBooks haven’t been tested on other dedicated eBook readers, and eBook functionality may not operate as in-tended.

Access your online account (individual tax-payers only). Go to IRS.gov/Account to se-curely access information about your federal tax account.

View the amount you owe and a break-down by tax year.

See payment plan details or apply for a new payment plan.

Make a payment or view 5 years of pay-ment history and any pending or sched-uled payments.
Access your tax records, including key data from your most recent tax return, and transcripts.
View digital copies of select notices from the IRS.

Approve or reject authorization requests from tax professionals.

View your address on file or manage your communication preferences.

Tax Pro Account. This tool lets your tax pro-fessional submit an authorization request to ac-cess your individual taxpayer IRS online account. For more information, go to IRS.gov/ TaxProAccount.

Using direct deposit. The fastest way to re-ceive a tax refund is to file electronically and choose direct deposit, which securely and elec-tronically transfers your refund directly into your financial account. Direct deposit also avoids the possibility that your check could be lost, stolen, destroyed, or returned undeliverable to the IRS. Eight in 10 taxpayers use direct deposit to re-ceive their refunds. If you don’t have a bank ac-count, go to IRS.gov/DirectDeposit for more in-formation on where to find a bank or credit union that can open an account online.

Getting a transcript of your return. The quickest way to get a copy of your tax transcript is to go to IRS.gov/Transcripts. Click on either “Get Transcript Online” or “Get Transcript by Mail” to order a free copy of your transcript. If you prefer, you can order your transcript by call-ing 800-908-9946.

Reporting and resolving your tax-related identity theft issues.

Tax-related identity theft happens when someone steals your personal information to commit tax fraud. Your taxes can be af-

Page 24Chapter 6How To Get Tax Help

fected if your SSN is used to file a fraudu-lent return or to claim a refund or credit.

The IRS doesn’t initiate contact with tax-payers by email, text messages (including shortened links), telephone calls, or social media channels to request or verify per-sonal or financial information. This in-cludes requests for personal identification numbers (PINs), passwords, or similar in-formation for credit cards, banks, or other financial accounts.

Go to IRS.gov/IdentityTheft, the IRS Iden-tity Theft Central webpage, for information on identity theft and data security protec-tion for taxpayers, tax professionals, and businesses. If your SSN has been lost or stolen or you suspect you’re a victim of tax-related identity theft, you can learn what steps you should take.

Get an Identity Protection PIN (IP PIN). IP PINs are six-digit numbers assigned to tax-payers to help prevent the misuse of their SSNs on fraudulent federal income tax re-turns. When you have an IP PIN, it pre-vents someone else from filing a tax return with your SSN. To learn more, go to IRS.gov/IPPIN.

Ways to check on the status of your refund.

Go to IRS.gov/Refunds.
Download the official IRS2Go app to your mobile device to check your refund status.
Call the automated refund hotline at 800-829-1954.

Note. The IRS can’t issue refunds before mid-February for returns that claimed the EIC or the additional child tax credit (ACTC). This ap-plies to the entire refund, not just the portion as-sociated with these credits.

Making a tax payment. Go to IRS.gov/ Payments for information on how to make a payment using any of the following options.

IRS Direct Pay: Pay your individual tax bill or estimated tax payment directly from your checking or savings account at no cost to you.

Debit or Credit Card: Choose an approved payment processor to pay online or by phone.
Electronic Funds Withdrawal: Schedule a payment when filing your federal taxes us-ing tax return preparation software or through a tax professional.

Electronic Federal Tax Payment System: Best option for businesses. Enrollment is required.
Check or Money Order: Mail your payment to the address listed on the notice or in-structions.
Cash: You may be able to pay your taxes with cash at a participating retail store.
Same-Day Wire: You may be able to do same-day wire from your financial institu-tion. Contact your financial institution for availability, cost, and time frames.

Note. The IRS uses the latest encryption technology to ensure that the electronic pay-ments you make online, by phone, or from a mobile device using the IRS2Go app are safe and secure. Paying electronically is quick, easy,

and faster than mailing in a check or money or-der.

What if I can’t pay now? Go to IRS.gov/ Payments for more information about your op-tions.

Apply for an online payment agreement

(IRS.gov/OPA) to meet your tax obligation in monthly installments if you can’t pay your taxes in full today. Once you complete the online process, you will receive imme-diate notification of whether your agree-ment has been approved.

Use the Offer in Compromise Pre-Qualifier to see if you can settle your tax debt for less than the full amount you owe. For more information on the Offer in Compro-mise program, go to IRS.gov/OIC.

Filing an amended return. Go to IRS.gov/ Form1040X for information and updates.

Checking the status of your amended re-turn. Go to IRS.gov/WMAR to track the status of Form 1040-X amended returns.

Note. It can take up to 3 weeks from the date you filed your amended return for it to show up in our system, and processing it can take up to 16 weeks.

Understanding an IRS notice or letter you’ve received. Go to IRS.gov/Notices to find additional information about responding to an IRS notice or letter.

Note. You can use Schedule LEP (Form 1040), Request for Change in Language Prefer-ence, to state a preference to receive notices, letters, or other written communications from the IRS in an alternative language. You may not immediately receive written communications in the requested language. The IRS’s commitment to LEP taxpayers is part of a multi-year timeline that is scheduled to begin providing translations in 2023. You will continue to receive communi-cations, including notices and letters, in English until they are translated to your preferred lan-guage.

Contacting your local IRS office. Keep in mind, many questions can be answered on IRS.gov without visiting an IRS TAC. Go to IRS.gov/LetUsHelp for the topics people ask about most. If you still need help, IRS TACs provide tax help when a tax issue can’t be han-dled online or by phone. All TACs now provide service by appointment, so you’ll know in ad-vance that you can get the service you need without long wait times. Before you visit, go to IRS.gov/TACLocator to find the nearest TAC and to check hours, available services, and ap-pointment options. Or, on the IRS2Go app, un-der the Stay Connected tab, choose the Con-tact Us option and click on “Local Offices.”

The Taxpayer Advocate Service (TAS) Is Here To Help You

What Is TAS?

TAS is an independent organization within the IRS that helps taxpayers and protects taxpayer rights. Their job is to ensure that every taxpayer is treated fairly and that you know and under-stand your rights under the Taxpayer Bill of Rights.

How Can You Learn About Your Taxpayer Rights?

The Taxpayer Bill of Rights describes 10 basic rights that all taxpayers have when dealing with the IRS. Go to TaxpayerAdvocate.IRS.gov to help you understand what these rights mean to you and how they apply. These are your rights. Know them. Use them.

What Can TAS Do for You?

TAS can help you resolve problems that you can’t resolve with the IRS. And their service is

free. If you qualify for their assistance, you will be assigned to one advocate who will work with you throughout the process and will do every-thing possible to resolve your issue. TAS can help you if:

Your problem is causing financial difficulty for you, your family, or your business;
You face (or your business is facing) an immediate threat of adverse action; or
You’ve tried repeatedly to contact the IRS but no one has responded, or the IRS hasn’t responded by the date promised.

How Can You Reach TAS?

TAS has offices in every state, the District of Columbia, and Puerto Rico. Your local advo-cate’s number is in your local directory and at TaxpayerAdvocate.IRS.gov/Contact-Us. You can also call them at 877-777-4778.

How Else Does TAS Help Taxpayers?

TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, report it to them at IRS.gov/ SAMS.

TAS for Tax Professionals

TAS can provide a variety of information for tax professionals, including tax law updates and guidance, TAS programs, and ways to let TAS know about systemic problems you’ve seen in your practice.

Low Income Taxpayer Clinics (LITCs)

LITCs are independent from the IRS. LITCs represent individuals whose income is below a certain level and need to resolve tax problems with the IRS, such as audits, appeals, and tax collection disputes. In addition, LITCs can pro-vide information about taxpayer rights and re-sponsibilities in different languages for individu-als who speak English as a second language. Services are offered for free or a small fee for eligible taxpayers. To find an LITC near you, go to TaxpayerAdvocate.IRS.gov/about-us/Low-Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low Income Taxpayer Clinic List.

Publication 527 (2022)Page 25

	To help us develop a more useful index, please let us know if you have ideas for index entries.

Index
	See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.

A

Accelerated Cost Recovery System (ACRS) 8

(See also Modified Accelerated Cost Recovery System (MACRS))

Effective date 7

Accounting methods:

Accrual method 3

Cash method 3

Constructive receipt of income 3 Accrual method taxpayers 3 ACRS (Accelerated Cost

Recovery System):

Effective date 7

Active participation 13 Activities not for profit 16 Additions to property 10 (See also Improvements)

Basis 8

MACRS recovery period 10

Adjusted basis:

MACRS depreciation 8

Adjusted gross income (AGI):

Modified (See Modified adjusted gross income (MAGI))

Advance rent 3 Security deposits 3

Advertising 4

Allocation of expenses:

Change of property to rental use 15

How to divide expenses 17

Part of property rented 16

Personal use of rental

property 3, 17

Alternative Depreciation System (ADS):

Election of 9

MACRS 8, 11

Alternative minimum tax (AMT):

Accelerated depreciation

methods 6

Apartments:

Basement apartments 18 Dwelling units 17

Appraisal fees 7

Assessments for maintenance 8 Assessments, local (See Local

assessments)

Assistance (See Tax help)

Assumption of mortgage 8

Attorneys' fees 7, 8

Automobiles:

MACRS recovery periods 9

B

Basis:

Adjusted basis 8 Assessments for local

improvements 8 Basis other than cost 8 Cost basis 7 Decreases to 8 Deductions:

Capitalization of costs vs. 8 Not greater than basis 7

Fair market value 15 Increases to 8

MACRS depreciable basis 7 Page 26

Property changed to rental use 15

C

Capital expenditures: Deductions vs. effect on basis 8 Local benefit taxes 4 Mortgages, payments to

obtain 4

Cars:

MACRS recovery periods 9

Cash method taxpayers 3

Casualty losses 14

Charitable contributions:

Use of property 18 Cleaning and maintenance 4 Closing costs 7 Commissions 4 Computers:

MACRS recovery periods 9

Condominiums 15, 17

Constructive receipt of income 3

Cooperative housing 6, 15, 17

Cost basis 7

Credit reports 7

Credits:

Residential energy credits 8

D

Days of personal use 18

Days used for repairs and maintenance 18

Deductions:

Capitalizing costs vs. effect on basis 8

Depreciation (See Depreciation) Limitations on 12 Passive activity losses

(See Passive activity)

Depreciation 6

Alternative Depreciation System (ADS) (See Modified Accelerated Cost Recovery System (MACRS))

Basis (See Basis)

Change of property to rental use 15

Claiming correct amount of 12 Declining balance method 7 Duration of property expected to last more than one year 6

Eligible property 6 First-year expensing 6 MACRS (See Modified

Accelerated Cost Recovery System (MACRS))

Methods 7, 10 Ownership of property 6 Rental expense 4 Rented property 6 Section 179 deduction 6 Special depreciation

allowances 8 Straight line method 7 Useful life 6

Vacant rental property 4

Discount, bonds and notes issued at (See Original issue discount (OID))

Dividing of expenses

(See Allocation of expenses)

Dwelling units:

Definition 17

Fair rental price 17

Personal use of 17, 18

E

Easements 8

Equipment rental expense 4

F

Fair market value (FMV) 15 Fair rental price 17 Fees:

Loan origination fees 4, 7 Points (See Points) Settlement fees and other

costs 7

Tax return preparation fees 4

First-year expensing 6

Form 1040 or 1040-SR:

Not rented for profit income 16 Part of property rented 16 Rental income and expenses 12 Schedule E 12

Form 1098:

Mortgage interest 4

Form 4684:

Casualties and thefts 14

Form 4797:

Sales of business property 14

Form 8582:

Passive activity losses 13, 14

G

Gains and losses:

At-risk rules 13

Casualty and theft losses 14

Limits on rental losses 12

Passive activity losses 13

Rental real estate activities 13

Sale of rental property 2, 14

General depreciation system (GDS) (See Modified Accelerated Cost Recovery System (MACRS))

H

Home:

Main home 18

Use as rental property (See Use of home)

I

Improvements 5

(See also Repairs)

Assessments for local improvements 8

Basis 8

Depreciation of rented

property 6

MACRS recovery period 10 Insurance 4

Casualty or theft loss payments 8

Change of property to rental use 15

Fire insurance premiums, cost basis 7

Part of property rented 16 Premiums paid in advance 4

Title insurance, cost basis 7 Interest payments 4

(See also Mortgages) Loan origination fees 4 Rental expenses 4

L

Land:

Cost basis 8

Depreciation 6

Leases:

Cancellation payments 3 Equipment leasing 4

Limits:

Passive activity losses and credits 13

Rental losses 12

Loans:

Assumption fees 7

Charges connected with getting or refinancing, cost basis 7

Low or no interest 7 Origination fees 4

Local assessments 8 Losses (See Gains and losses)

M

Missing children, photographs of 2

Modified Accelerated Cost

Recovery System

(MACRS) 8-12

Additions or improvements to

property 10

Adjusted basis 8

Alternative Depreciation System

(ADS) 8, 11

Basis other than cost 8

Conventions 10

Cost basis 7

Depreciable basis 7

Effective date 7

Excluded property 9

General Depreciation System

(GDS) 8-10

Nonresidential rental property 9

Property used in rental activities

(Table 2-1) 9

Recovery periods 9, 10

Residential rental property 9, 10

Special depreciation

allowances 8

Modified adjusted gross income (MAGI) 14

Mortgages 4, 7

Assumption of, cost basis 8

Change of property to rental

use 15

End of, OID 5

Interest 4, 15, 16

Part of property rented 16

N

Nonresidential real property 9 Not-for-profit activities 16

O

Original issue discount (OID) 4, 5

Publication 527 (2022)

P

Part interest:

Expenses 3

Income 3

Passive activity:

Maximum special allowance 14

Personal property:

Rental income from 3

Personal use of rental property 15, 17

(See also Property changed to rental use)

Placed-in-service date 6

Points 4, 7

Pre-rental expenses 4 Principal residence (See Home) Profit, property not rented for 16

Property changed to rental use 15

Basis 15

Publications (See Tax help)

R

Real estate professionals 13 Real estate taxes 7

Real property trades or businesses 13

Recordkeeping requirements:

Travel and transportation expenses 4

Recovery periods 9 Rent 7

Advance rent 3

Fair price 17

Rental expenses 3 Advertising 4

Allocation between rental and personal uses 17

Change of property to rental use 15

Cleaning and maintenance 4 Commissions 4 Depreciation 4

Dwelling unit used as home 18 Equipment rental 4

Home, property also used as 3 Improvements 5

Insurance 4 Interest payments 4

Local transportation expenses 4 Part of property rented 16 Points 4

Pre-rental expenses 4 Rental payments 4 Repairs 4, 5 Sale of property 4

Tax return preparation fees 4 Taxes 4

Tenant, paid by 3

Travel expenses 4

Utilities 4

Vacant rental property 4

Rental income:

Advance rent 3 Cancellation of lease

payments 3

Dwelling unit used as home 18

Lease with option to buy 3

Not rented for profit 16

Part interest 3

Property received from tenant 3 Reporting 3, 12 Security deposit 3

Services received from tenant 3

Uncollected rent 4

Used as home 3

Rental losses 13

(See also Gains and losses) (See also Passive activity) Repairs 4, 5

(See also Improvements) Assessments for maintenance 8 Personal use of rental property

exception for days used for repairs and maintenance 18

S

Sale of property: Expenses 4 Gain or loss 2, 14 Main home 2

Section 179 deductions 6

Security deposits 3

Settlement fees 7

Shared equity financing agreements 18

Special depreciation allowances 8

Spouse:

Material participation 13 Standard mileage rates 4 Surveys 7

T

Tables and figures:

Improvements, examples of

(Table 1-1) 5 MACRS optional tables

(Table 2-2d) 11

MACRS optional tables (Tables

2-2a, 2-2b, and 2-2c) 11 MACRS recovery periods for

property used in rental activities (Table 2-1) 9

Tax credits:

Residential energy credits, effect on basis 8

Tax help 23

Tax return preparation fees 4

Taxes:

Deduction of 4 Local benefit taxes 4 Real estate taxes 7 Transfer taxes 7

Theft losses 14

Title insurance 7

Transfer taxes 7

Travel and transportation expenses:

Local transportation expenses 4 Recordkeeping 4

Rental expenses 4 Standard mileage rate 4

U

Uncollected rent:

Income 4

Use of home:

Before or after renting 18

Change to rental use 15

Days of personal use 18

Fair rental price 17

Passive activity rules

exception 13

Personal use as dwelling unit 17 Utilities 4, 8

V

Vacant rental property 4

Vacation homes:

Dwelling unit 17

Fair rental price 17

Personal use of 17

Valuation:

Fair market value 15

Publication 527 (2022)Page 27

IRS Releases Publication 527 (2022), Residential Rental Property (Including Rental of Vacation Homes)