Sale of Rental Property

We are in the post season and my brain is only partially functioning. I am confusing myself on the reporting the sale of a client’s rental property. Client owned the property since 2011, but only rented it several years when he lived and worked outside the country. He sold it in 2022.

Property was originally purchased for about $435,000 and sold for just under $600,000. The depreciation schedule was based on the estimated value of the house alone of $344,000. Over the rental life of this property, a total of $40,000 in depreciation was allowable and claimed. It is my understanding that since the depreciation was computed as straight-line, the recapture provisions do not apply to this sale. I assume, however, that the $40,000 depreciation will still serve to reduce the basis from $435,000 to $395,000 (ignoring other potential basis adjustments) when computing the capital gain?

Assuming the above is accurate, I am reading conflicting instructions about reporting this sale. Without recapture, a simple reporting on Form 8949, transferred onto Schedule D as a capital gain seems to work accurately. But other instructions point to a more complex combination of Forms 4797 and Schedule D. (This individual’s capital gain tax rate is 15%; I could probably compute this portion of his tax return with pencil and paper.)

I should know this. Thanks for any help in facing me forward.

Michael Bratt AFSP Arlington, VA

Reply to
Michael Bratt
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Seeing no takers yet, I will add my one cent (not the whole two cents worth).

Who is the client? Sounds like an individual taxpayer.

Was this Trade or Business Property? If so, Form 4797. If not, Form 8949.

I think that, generally, an individual owning rental property is not in a Trade or Business.

Seriously, this is only once cent worth.

Reply to
Taxed and Spent

Rental property is considered business property by the IRS. As such, the sale gets reported on Form 4797.

Reply to
Alan

I don't doubt you, but where might one find that tid bit in the IRS documentation?

Reply to
Taxed and Spent

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Reply to
Alan

Thanks. I think I gave the right answer.

"Report the gain or loss on the sale of rental property on Form 4797, Sales of Business Property or on Form 8949, Sales and Other Dispositions of Capital Assets depending on the purpose of the rental activity. Individuals typically use Schedule D (Form 1040), Capital Gains and Losses together with Form 4797 or Form 8949."

"Rental property is income-producing property and, if you're in the trade or business of renting real property, report the loss on the sale of rental property on Form 4797, Sales of Business Property. Normally, you transfer the loss as an ordinary loss to line 4 of Schedule 1 and attach it to Form 1040, U.S. Individual Income Tax Return or Form

1040-SR, U.S. Tax Return for Seniors. If your rental activity doesn't rise to the level of a trade or business, but instead is held for investment or for use in a not-for-profit activity, the loss is a capital loss. Report the loss on Form 8949, Sales and Other Dispositions of Capital Assets in Part I (if the transaction is short term) or Part II (if the transaction is long term). "
Reply to
Taxed and Spent

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