In our South Loop of Chicago Tax Preparation office, and our Homewood, Il tax preparation office, we often come across taxpayers that want to reduce their tax bill and save money (legally). Because we specialize in small business owner and real estate investor tax preparation & tax planning, we often come into contact with new landlords.
Most of your purchase costs when acquiring a rental property will be detailed in the real estate closing statement or the closing disclosure. The closing statement is a financial instrument, not a tax document.
You need to go through each line item in the statement and assign it to one of the three following tax categories:
- Basis
- Loan Acquisition
- Operations
Then, once you have divided your expenditures into these three categories, you often need to consider the best tax strategies for each. For example, in the basis category, you assign costs to land, land improvements, buildings, and personal property. Each dollar assignment has an impact on your profits.
This article provides a useful guide of information to help you build your rental property profits on the day you close escrow.
1. Basis
Generally, your basis (a fancy way of saying the money you put into something) is the total cost you pay for the property, including your costs of obtaining and perfecting the title. Once you have this total cost, you allocate that cost to land, land improvements, buildings, and equipment, and then you depreciate all but the land.
1.1 What Goes into Basis
Examine the closing statement to identify expenditures that you should include in your basis. The following list gives you some of the items you usually would include:
- Contract price
- Personal property
- Abstract (title search) fees
- Escrow fees
- Legal fees (for the title search, sales contract, and deed but not for the loan)
- Real estate commissions (generally paid by the seller; include in your basis if paid by you, the
- buyer)
- Recording fees
- Surveys
- Transfer or stamp taxes
- Title Examination
- Amounts you paid on behalf of the seller, such as back taxes, back interest, recording fees,
- mortgage fees, charges for improvements and repairs, and sales commissions
- In addition to what appears on the closing statement, make a review of your credit card statements and checkbook
- to identify other costs that apply to the purchase of this property.
1.2 Allocating Basis to Assets
You allocate basis to land, land improvements, buildings, and equipment based on fair market values at the time of purchase.
2. Loan Acquisition
When you buy rental property, tax law divides your loan costs into two categories:
- Costs you incur to obtain the loan
- Costs, like points, that decrease the mortgage interest rate
2.1 Costs to Obtain the Loan
You write off the costs of obtaining the mortgage over the life of the mortgage using the straight-line amortization method. Costs you include in this write-off include:
- Mortgage commissions
- Abstract fees
- Mortgage recording fees
- Mortgage stamp and other taxes
- Credit report
- Lender’s inspection report
- Appraisal fee for the loan
- Mortgage insurance application fee
- Mortgage assumption fee
Example. You incur $8,000 in costs to obtain a 10-year mortgage loan. You deduct $800 a year.
Loan origination fees, brokers’ fees, maximum loan charges, and premium charges are not points. These are costs of obtaining the loan and, like the costs above, you amortize them on a straight-line basis over the life of the loan.
2.2 Loan Costs That You Treat Like Interest
Points. The term “points” is often confusing. In a financial sense, the point represents a prepayment that you make to obtain a discount on the loan interest rate. In general, the more points you pay, the lower the interest rate.
Essentially, the payment of points is the payment of interest in advance, and the tax law gives special treatment to your payment of points.
Since points are nothing more than prepayment of interest on your loan, tax law treats points as original issue discount (OID). The amount of your OID determines which method you may use to write off points paid on a rental property acquisition.
3. Operating Items
At closing, you might pay real property taxes, fire and property insurance premiums, and city and town taxes. Look at these expenses. See whether they apply to your current and future holding of the property. If so, you may deduct these costs as current-year operating expenses, assuming you place the property in service at closing.
Per IRS publication 551, “If you pay real estate taxes the seller owed on real property you bought, and the seller didn’t reimburse you, treat those taxes as part of your basis. You can’t deduct them as taxes. If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase.”
You also want to look through your checkbook and credit card statements for other operating expenses and perhaps some start-up expenses.
Takeaways
The closing statement examination in this article is the perfect place to start your property on the track for maximum profits by getting the best tax benefits at inception.
When you are thinking about acquiring a rental property, make it a point to review this article so that you can get the most out of both your closing costs and your cost to buy the property.
Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.
Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.
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