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Rental Property Conversion to Personal

sharpcougar
Level 3

Some basic facts: Client had an old house they he rented out for few years. On 1/1/2022 he demolished the house and started plans to build his house there. 

What I did was go to disposal sheet and put date of disposition as 1/1/2022 and left sale price as 0. But shouldn't there be depreciation recapture given that property will never be rented again and he plans to build his house there in the next few months?

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15

Not until the property is disposed of.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
TaxGuyBill
Level 15

@sharpcougar wrote:

What I did was go to disposal sheet and put date of disposition as 1/1/2022 and left sale price as 0.


 

The sale price should be BLANK, not zero.  You don't want to be reporting a loss.

 

BobKamman
Level 15

I think we need more than the basic facts.  Was the land worth more or less, once the house was torn down?  Let's say the basis of the land was 10K, and the building was 20K with 5K depreciation already claimed.  There were no demolition costs because the fire department used it for practice.  

If the land is still worth only $10K, what happens to the remaining $15K basis for improvements?  If they had burned down without the help of the fire department, wouldn't that be a deductible casualty loss?  Both abandonment and casualty loss come under Section 165.  

On the other hand, if the land is now worth $40K because it doesn't have an old house preventing development, it seems that the $25K basis should be carried over to the new primary residence.  Or should it be $30K with $5K depreciation recapture?  Why?

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Terry53029
Level 14
Level 14

He could very well have a loss, depending on all the facts. See link.

https://www.law.cornell.edu/cfr/text/26/1.165-3

TaxGuyBill
Level 15

@Terry53029 wrote:

He could very well have a loss, depending on all the facts. See link.

https://www.law.cornell.edu/cfr/text/26/1.165-3


 

Thank you for that correction.  I forgot about that one.