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Download 1040x Publication 1544(SP) - Introductory Material Table of Contents Qué Hay de Nuevo Introducción Qué Hay de Nuevo Acontecimientos futuros. Download 1040x  Si desea obtener la información más reciente sobre los acontecimientos relacionados con la Publicación 1544(SP), tal como legislación promulgada después que ésta fue impresa, acceda a www. Download 1040x irs. Download 1040x gov/pub1544, en inglés. Download 1040x Cómo enmendar un informe. Download 1040x  Puede enmendar un informe anterior marcando el encasillado 1a en la parte superior del Formulario 8300-SP. Download 1040x Vea Cómo enmendar un informe, más adelante. Download 1040x Introducción Si, en un período de 12 meses, usted recibe de un comprador más de $10,000 en efectivo producto de una transacción llevada a cabo en su ocupación o negocio, tiene que declarar la transacción al Servicio de Impuestos Internos (IRS, por sus siglas en inglés) y a la Financial Crimes Enforcement Network (Red para hacer cumplir la ley contra delitos financieros, o FinCEN, por su abreviatura en inglés) en el Formulario 8300-SP, Informe de Pagos en Efectivo en Exceso de $10,000 Recibidos en una Ocupación o Negocio, o en el Formulario 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business, en inglés. Download 1040x En esta publicación se explica por qué, cuándo y dónde debe declarar estos pagos recibidos en efectivo, así como las multas considerables que se imponen por no declarar dichos pagos. Download 1040x Algunas organizaciones no tienen que presentar el Formulario 8300-SP, incluidas las instituciones financieras que deben presentar el Formulario 104 de la FinCEN (anteriormente Formulario 4789), Currency Transaction Report (Informe de transacciones en efectivo), en inglés, así como los casinos, los cuales deben presentar el Formulario 103 de la FinCEN (anteriormente Formulario 8362), Currency Transaction Report by Casinos (Informe de transacciones en efectivo hechas por casinos), también en inglés. Download 1040x Esta publicación no incluye información sobre estos dos últimos formularios. Download 1040x En esta publicación encontrará explicaciones sobre la terminología y los puntos más importantes relacionados con el Formulario 8300-SP. Download 1040x Lea las instrucciones adjuntas a este formulario, ya que explican lo que debe anotar en cada línea del mismo. Download 1040x Prev  Up  Next   Home   More Online Publications
 
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The Download 1040x

Download 1040x 9. Download 1040x   Rental Income and Expenses Table of Contents Introduction Useful Items - You may want to see: Rental Income Rental ExpensesVacant while listed for sale. Download 1040x Repairs and Improvements Other Expenses Property Changed to Rental Use Renting Part of Property Not Rented for Profit Personal Use of Dwelling Unit (Including Vacation Home)Example. Download 1040x Dividing Expenses Dwelling Unit Used as a Home Reporting Income and Deductions DepreciationChanging your accounting method to deduct unclaimed depreciation. Download 1040x Limits on Rental LossesAt-Risk Rules Passive Activity Limits How To Report Rental Income and ExpensesSchedule E (Form 1040) Introduction This chapter discusses rental income and expenses. Download 1040x It also covers the following topics. Download 1040x Personal use of dwelling unit (including vacation home). Download 1040x Depreciation. Download 1040x Limits on rental losses. Download 1040x How to report your rental income and expenses. Download 1040x If you sell or otherwise dispose of your rental property, see Publication 544, Sales and Other Dispositions of Assets. Download 1040x If you have a loss from damage to, or theft of, rental property, see Publication 547, Casualties, Disasters, and Thefts. Download 1040x If you rent a condominium or a cooperative apartment, some special rules apply to you even though you receive the same tax treatment as other owners of rental property. Download 1040x See Publication 527, Residential Rental Property, for more information. Download 1040x Useful Items - You may want to see: Publication 527 Residential Rental Property 534 Depreciating Property Placed in Service Before 1987 535 Business Expenses 925 Passive Activity and At-Risk Rules 946 How To Depreciate Property Form (and Instructions) 4562 Depreciation and Amortization 6251 Alternative Minimum Tax—Individuals 8582 Passive Activity Loss Limitations Schedule E (Form 1040) Supplemental Income and Loss Rental Income In most cases, you must include in your gross income all amounts you receive as rent. Download 1040x Rental income is any payment you receive for the use or occupation of property. Download 1040x In addition to amounts you receive as normal rent payments, there are other amounts that may be rental income. Download 1040x When to report. Download 1040x   If you are a cash-basis taxpayer, you report rental income on your return for the year you actually or constructively receive it. Download 1040x You are a cash-basis taxpayer if you report income in the year you receive it, regardless of when it was earned. Download 1040x You constructively receive income when it is made available to you, for example, by being credited to your bank account. Download 1040x   For more information about when you constructively receive income, see Accounting Methods in chapter 1. Download 1040x Advance rent. Download 1040x   Advance rent is any amount you receive before the period that it covers. Download 1040x Include advance rent in your rental income in the year you receive it regardless of the period covered or the method of accounting you use. Download 1040x Example. Download 1040x You sign a 10-year lease to rent your property. Download 1040x In the first year, you receive $5,000 for the first year's rent and $5,000 as rent for the last year of the lease. Download 1040x You must include $10,000 in your income in the first year. Download 1040x Canceling a lease. Download 1040x   If your tenant pays you to cancel a lease, the amount you receive is rent. Download 1040x Include the payment in your income in the year you receive it regardless of your method of accounting. Download 1040x Expenses paid by tenant. Download 1040x   If your tenant pays any of your expenses, the payments are rental income. Download 1040x Because you must include this amount in income, you can deduct the expenses if they are deductible rental expenses. Download 1040x See Rental Expenses , later, for more information. Download 1040x Property or services. Download 1040x   If you receive property or services, instead of money, as rent, include the fair market value of the property or services in your rental income. Download 1040x   If the services are provided at an agreed upon or specified price, that price is the fair market value unless there is evidence to the contrary. Download 1040x Security deposits. Download 1040x   Do not 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. Download 1040x But if you keep part or all of the security deposit during any year because your tenant does not live up to the terms of the lease, include the amount you keep in your income in that year. Download 1040x   If an amount called a security deposit is to be used as a final payment of rent, it is advance rent. Download 1040x Include it in your income when you receive it. Download 1040x Part interest. Download 1040x   If you own a part interest in rental property, you must report your part of the rental income from the property. Download 1040x Rental of property also used as your home. Download 1040x   If you rent property that you also use as your home and you rent it less than 15 days during the tax year, do not include the rent you receive in your income and do not deduct rental expenses. Download 1040x However, you can deduct on Schedule A (Form 1040) the interest, taxes, and casualty and theft losses that are allowed for nonrental property. Download 1040x See Personal Use of Dwelling Unit (Including Vacation Home) , later. Download 1040x Rental Expenses This part discusses expenses of renting property that you ordinarily can deduct from your rental income. Download 1040x It includes information on the expenses you can deduct if you rent part of your property, or if you change your property to rental use. Download 1040x Depreciation , which you can also deduct from your rental income, is discussed later. Download 1040x Personal use of rental property. Download 1040x   If you sometimes use your rental property for personal purposes, you must divide your expenses between rental and personal use. Download 1040x Also, your rental expense deductions may be limited. Download 1040x See Personal Use of Dwelling Unit (Including Vacation Home) , later. Download 1040x Part interest. Download 1040x   If you own a part interest in rental property, you can deduct expenses that you paid according to your percentage of ownership. Download 1040x When to deduct. Download 1040x   If you are a cash-basis taxpayer, you generally deduct your rental expenses in the year you pay them. Download 1040x Depreciation. Download 1040x   You can begin to depreciate rental property when it is ready and available for rent. Download 1040x See Placed-in-Service under When Does Depreciation Begin and End in chapter 2 of Publication 527. Download 1040x Pre-rental expenses. Download 1040x   You can deduct your ordinary and necessary expenses for managing, conserving, or maintaining rental property from the time you make it available for rent. Download 1040x Uncollected rent. Download 1040x   If you are a cash-basis taxpayer, do not deduct uncollected rent. Download 1040x Because you have not included it in your income, it is not deductible. Download 1040x Vacant rental property. Download 1040x   If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant. Download 1040x However, you cannot deduct any loss of rental income for the period the property is vacant. Download 1040x Vacant while listed for sale. Download 1040x   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. Download 1040x If the property is not held out and available for rent while listed for sale, the expenses are not deductible rental expenses. Download 1040x Repairs and Improvements Generally, an expense for repairing or maintaining your rental property may be deducted if you are not required to capitalize the expense. Download 1040x Improvements. Download 1040x   You must capitalize any expense you pay to improve your rental property. Download 1040x 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. Download 1040x Betterments. Download 1040x   Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. Download 1040x Restoration. Download 1040x   Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition. Download 1040x Adaptation. Download 1040x   Expenses that may be for adaptation include expenses for altering your property to a use that is not consistent with the intended ordinary use of your property when you began renting the property. Download 1040x Separate the costs of repairs and improvements, and keep accurate records. Download 1040x You will need to know the cost of improvements when you sell or depreciate your property. Download 1040x The expenses you capitalize for improving your property can generally be depreciated as if the improvement were separate property. Download 1040x Other Expenses Other expenses you can deduct from your rental income include advertising, cleaning and maintenance, utilities, fire and liability insurance, taxes, interest, commissions for the collection of rent, ordinary and necessary travel and transportation, and other expenses, discussed next. Download 1040x Insurance premiums paid in advance. Download 1040x   If you pay an insurance premium for more than one year in advance, for each year of coverage you can deduct the part of the premium payment that will apply to that year. Download 1040x You cannot deduct the total premium in the year you pay it. Download 1040x Legal and other professional fees. Download 1040x   You can deduct, as a rental expense, legal and other professional expenses, such as tax return preparation fees you paid to prepare Schedule E (Form 1040), Part I. Download 1040x For example, on your 2013 Schedule E, you can deduct fees paid in 2013 to prepare your 2012 Schedule E, Part I. Download 1040x 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. Download 1040x Local benefit taxes. Download 1040x   In most cases, you cannot 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. Download 1040x These charges are nondepreciable capital expenditures, and must be added to the basis of your property. Download 1040x However, you can deduct local benefit taxes that are for maintaining, repairing, or paying interest charges for the benefits. Download 1040x Local transportation expenses. Download 1040x    You may be able to deduct your ordinary and necessary local transportation expenses if you incur them to collect rental income or to manage, conserve, or maintain your rental property. Download 1040x However, transportation expenses incurred to travel between your home and a rental property generally constitute nondeductible commuting costs unless you use your home as your principal place of business. Download 1040x See Publication 587, Business Use of Your Home, for information on determining if your home office qualifies as a principal place of business. Download 1040x   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 mileage rate. Download 1040x For 2013, the standard mileage rate for business use is 56. Download 1040x 5 cents per mile. Download 1040x For more information, see chapter 26. Download 1040x    To deduct car expenses under either method, you must keep records that follow the rules in chapter 26. Download 1040x In addition, you must complete Form 4562, Part V, and attach it to your tax return. Download 1040x Rental of equipment. Download 1040x   You can deduct the rent you pay for equipment that you use for rental purposes. Download 1040x However, in some cases, lease contracts are actually purchase contracts. Download 1040x If so, you cannot deduct these payments. Download 1040x You can recover the cost of purchased equipment through depreciation. Download 1040x Rental of property. Download 1040x   You can deduct the rent you pay for property that you use for rental purposes. Download 1040x If you buy a leasehold for rental purposes, you can deduct an equal part of the cost each year over the term of the lease. Download 1040x Travel expenses. Download 1040x   You can deduct the ordinary 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. Download 1040x You must properly allocate your expenses between rental and nonrental activities. Download 1040x You cannot deduct the cost of traveling away from home if the primary purpose of the trip was to improve your property. Download 1040x You recover the cost of improvements by taking depreciation. Download 1040x For information on travel expenses, see chapter 26. Download 1040x    To deduct travel expenses, you must keep records that follow the rules in chapter 26. Download 1040x   See Rental Expenses in Publication 527 for more information. Download 1040x 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. Download 1040x 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. Download 1040x You cannot deduct depreciation or insurance for the part of the year the property was held for personal use. Download 1040x However, you can include the home mortgage interest, qualified mortgage insurance premiums, and real estate tax expenses for the part of the year the property was held for personal use as an itemized deduction on Schedule A (Form 1040). Download 1040x Example. Download 1040x Your tax year is the calendar year. Download 1040x You moved from your home in May and started renting it out on June 1. Download 1040x You can deduct as rental expenses seven-twelfths of your yearly expenses, such as taxes and insurance. Download 1040x Starting with June, you can deduct as rental expenses the amounts you pay for items generally billed monthly, such as utilities. Download 1040x Renting Part of Property If you rent part of your property, you must divide certain expenses between the part of the property used for rental purposes and the part of the property used for personal purposes, as though you actually had two separate pieces of property. Download 1040x You can deduct the expenses related to the part of the property used for rental purposes, such as home mortgage interest, qualified mortgage insurance premiums, and real estate taxes, as rental expenses on Schedule E (Form 1040). Download 1040x You can also deduct as rental expenses a portion of other expenses that normally are nondeductible personal expenses, such as expenses for electricity or painting the outside of your house. Download 1040x There is no change in the types of expenses deductible for the personal-use part of your property. Download 1040x Generally, these expenses may be deducted only if you itemize your deductions on Schedule A (Form 1040). Download 1040x You cannot deduct any part of the cost of the first phone line even if your tenants have unlimited use of it. Download 1040x You do not have to divide the expenses that belong only to the rental part of your property. Download 1040x For example, if you paint a room that you rent, or if you pay premiums for liability insurance in connection with renting a room in your home, your entire cost is a rental expense. Download 1040x If you install a second phone line strictly for your tenants' use, all of the cost of the second line is deductible as a rental expense. Download 1040x You can deduct depreciation, discussed later, on the part of the house used for rental purposes as well as on the furniture and equipment you use for rental purposes. Download 1040x How to divide expenses. Download 1040x   If an expense is for both rental use and personal use, such as mortgage interest or heat for the entire house, you must divide the expense between the rental use and the personal use. Download 1040x You can use any reasonable method for dividing the expense. Download 1040x It may be reasonable to divide the cost of some items (for example, water) based on the number of people using them. Download 1040x The two most common methods for dividing an expense are based on (1) the number of rooms in your home, and (2) the square footage of your home. Download 1040x Not Rented for Profit If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Download 1040x You cannot deduct a loss or carry forward to the next year any rental expenses that are more than your rental income for the year. Download 1040x For more information about the rules for an activity not engaged in for profit, see Not-for-Profit Activities in chapter 1 of Publication 535. Download 1040x Where to report. Download 1040x   Report your not-for-profit rental income on Form 1040, line 21. Download 1040x For example, you can include your mortgage interest and any qualified mortgage insurance premiums (if you use the property as your main home or second home), real estate taxes, and casualty losses on the appropriate lines of Schedule A (Form 1040) if you itemize your deductions. Download 1040x   If you itemize your deductions, claim your other rental expenses, subject to the rules explained in chapter 1 of Publication 535, as miscellaneous itemized deductions on Form 1040, Schedule A, line 23. Download 1040x You can deduct these expenses only if they, together with certain other miscellaneous itemized deductions, total more than 2% of your adjusted gross income. Download 1040x 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. Download 1040x In general, your rental expenses 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. Download 1040x Only your rental expenses may be deducted on Schedule E (Form 1040). Download 1040x Some of your personal expenses may be deductible if you itemize your deductions on Schedule A (Form 1040). Download 1040x You must also determine if the dwelling unit is considered a home. Download 1040x The amount of rental expenses that you can deduct may be limited if the dwelling unit is considered a home. Download 1040x Whether a dwelling unit is considered a home depends on how many days during the year are considered to be days of personal use. Download 1040x 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. Download 1040x Dwelling unit. Download 1040x   A dwelling unit includes a house, apartment, condominium, mobile home, boat, vacation home, or similar property. Download 1040x It also includes all structures or other property belonging to the dwelling unit. Download 1040x A dwelling unit has basic living accommodations, such as sleeping space, a toilet, and cooking facilities. Download 1040x   A dwelling unit does not include property used solely as a hotel, motel, inn, or similar establishment. Download 1040x Property is used solely as a hotel, motel, inn, or similar establishment if it is regularly available for occupancy by paying customers and is not used by an owner as a home during the year. Download 1040x Example. Download 1040x   You rent a room in your home that is always available for short-term occupancy by paying customers. Download 1040x You do not use the room yourself, and you allow only paying customers to use the room. Download 1040x The room is used solely as a hotel, motel, inn, or similar establishment and is not a dwelling unit. Download 1040x Dividing Expenses If you use a dwelling unit for both rental and personal purposes, divide your expenses between the rental use and the personal use based on the number of days used for each purpose. Download 1040x When dividing your expenses, follow these rules. Download 1040x 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. Download 1040x This rule does not apply when determining whether you used the unit as a home. Download 1040x Any day that the unit is available for rent but not actually rented is not a day of rental use. Download 1040x Example. Download 1040x Your beach cottage was available for rent from June 1 through August 31 (92 days). Download 1040x During that time, 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. Download 1040x The person who rented the cottage for July allowed you to use it over the weekend (2 days) without any reduction in or refund of rent. Download 1040x Your family also used the cottage during the last 2 weeks of May (14 days). Download 1040x The cottage was not used at all before May 17 or after August 31. Download 1040x You figure the part of the cottage expenses to treat as rental expenses as follows. Download 1040x The cottage was used for rental a total of 85 days (92 − 7). Download 1040x The days it was available for rent but not rented (7 days) are not days of rental use. Download 1040x The July weekend (2 days) you used it is rental use because you received a fair rental price for the weekend. Download 1040x You used the cottage for personal purposes for 14 days (the last 2 weeks in May). Download 1040x The total use of the cottage was 99 days (14 days personal use + 85 days rental use). Download 1040x Your rental expenses are 85/99 (86%) of the cottage expenses. Download 1040x Note. Download 1040x 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. Download 1040x Therefore, you had 16 days of personal use and 83 days of rental use for this purpose. Download 1040x Because you used the cottage for personal purposes more than 14 days and more than 10% of the days of rental use (8 days), you used it as a home. Download 1040x If you have a net loss, you may not be able to deduct all of the rental expenses. Download 1040x See Dwelling Unit Used as a Home, next. Download 1040x Dwelling Unit Used as a Home If you use a dwelling unit for both rental and personal purposes, the tax treatment of the rental expenses you figured earlier under Dividing Expenses and rental income depends on whether you are considered to be using the dwelling unit as a home. Download 1040x You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of: 14 days, or 10% of the total days it is rented to others at a fair rental price. Download 1040x See What is a day of personal use , later. Download 1040x Fair rental price. Download 1040x   A fair rental price for your property generally is the amount of rent that a person who is not related to you would be willing to pay. Download 1040x The rent you charge is not 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. Download 1040x   If a dwelling unit is used for personal purposes on a day it is rented at a fair rental price, do not count that day as a day of rental use in applying (2) above. Download 1040x Instead, count it as a day of personal use in applying both (1) and (2) above. Download 1040x What is a day of personal use?   A day of personal use of a dwelling unit is any day that the unit is used by any of the following persons. Download 1040x You or any other person who has an interest in the unit, unless you rent it to another owner as his or her main home under a shared equity financing agreement (defined later). Download 1040x However, see Days used as a main home before or after renting , later. Download 1040x A member of your family or a member of the family of any other person who owns an interest in the unit, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. Download 1040x Family includes only your spouse, brothers and sisters, half-brothers and half-sisters, ancestors (parents, grandparents, etc. Download 1040x ), and lineal descendants (children, grandchildren, etc. Download 1040x ). Download 1040x Anyone under an arrangement that lets you use some other dwelling unit. Download 1040x Anyone at less than a fair rental price. Download 1040x Main home. Download 1040x   If the other person or member of the family in (1) or (2) above has more than one home, his or her main home is ordinarily the one he or she lived in most of the time. Download 1040x Shared equity financing agreement. Download 1040x   This is an agreement under which two or more persons 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 entitled to occupy the unit as his or her main home upon payment of rent to the other co-owner or owners. Download 1040x Donation of use of property. Download 1040x   You use a dwelling unit for personal purposes if: You donate the use of the unit to a charitable organization, The organization sells the use of the unit at a fund-raising event, and The “purchaser” uses the unit. Download 1040x Examples. Download 1040x   The following examples show how to determine days of personal use. Download 1040x Example 1. Download 1040x You and your neighbor are co-owners of a condominium at the beach. Download 1040x Last year, you rented the unit to vacationers whenever possible. Download 1040x The unit was not used as a main home by anyone. Download 1040x Your neighbor used the unit for 2 weeks last year; you did not use it at all. Download 1040x 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. Download 1040x Example 2. Download 1040x You and your neighbors are co-owners of a house under a shared equity financing agreement. Download 1040x Your neighbors live in the house and pay you a fair rental price. Download 1040x Even though your neighbors have an interest in the house, the days your neighbors live there are not counted as days of personal use by you. Download 1040x This is because your neighbors rent the house as their main home under a shared equity financing agreement. Download 1040x Example 3. Download 1040x You own a rental property that you rent to your son. Download 1040x Your son does not own any interest in this property. Download 1040x He uses it as his main home and pays you a fair rental price. Download 1040x Your son's use of the property is not 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. Download 1040x Example 4. Download 1040x You rent your beach house to Joshua. Download 1040x Joshua rents his cabin in the mountains to you. Download 1040x You each pay a fair rental price. Download 1040x You are using your house for personal purposes on the days that Joshua uses it because your house is used by Joshua under an arrangement that allows you to use his house. Download 1040x Days used for repairs and maintenance. Download 1040x   Any day that you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. Download 1040x Do not count such a day as a day of personal use even if family members use the property for recreational purposes on the same day. Download 1040x Days used as a main home before or after renting. Download 1040x   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 renting it or offering it for rent as days of personal use. Download 1040x Do not count them as days of personal use if: You rented or tried to rent the property for 12 or more consecutive months. Download 1040x 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. Download 1040x However, this special rule does not apply when dividing expenses between rental and personal use. Download 1040x Examples. Download 1040x   The following examples show how to determine whether you used your rental property as a home. Download 1040x Example 1. Download 1040x You converted the basement of your home into an apartment with a bedroom, a bathroom, and a small kitchen. Download 1040x You rented the basement apartment at a fair rental price to college students during the regular school year. Download 1040x You rented to them on a 9-month lease (273 days). Download 1040x You figured 10% of the total days rented to others at a fair rental price is 27 days. Download 1040x During June (30 days), your brothers stayed with you and lived in the basement apartment rent free. Download 1040x Your basement apartment was used as a home because you used it for personal purposes for 30 days. Download 1040x Rent-free use by your brothers is considered personal use. Download 1040x Your personal use (30 days) is more than the greater of 14 days or 10% of the total days it was rented (27 days). Download 1040x Example 2. Download 1040x You rented the guest bedroom in your home at a fair rental price during the local college's homecoming, commencement, and football weekends (a total of 27 days). Download 1040x Your sister-in-law stayed in the room, rent free, for the last 3 weeks (21 days) in July. Download 1040x You figured 10% of the total days rented to others at a fair rental price is 3 days. Download 1040x The room was used as a home because you used it for personal purposes for 21 days. Download 1040x That is more than the greater of 14 days or 10% of the 27 days it was rented (3 days). Download 1040x Example 3. Download 1040x You own a condominium apartment in a resort area. Download 1040x You rented it at a fair rental price for a total of 170 days during the year. Download 1040x For 12 of those days, the tenant was not able to use the apartment and allowed you to use it even though you did not refund any of the rent. Download 1040x Your family actually used the apartment for 10 of those days. Download 1040x Therefore, the apartment is treated as having been rented for 160 (170 − 10) days. Download 1040x You figured 10% of the total days rented to others at a fair rental price is 16 days. Download 1040x Your family also used the apartment for 7 other days during the year. Download 1040x You used the apartment as a home because you used it for personal purposes for 17 days. Download 1040x That is more than the greater of 14 days or 10% of the 160 days it was rented (16 days). Download 1040x Minimal rental use. Download 1040x   If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. Download 1040x See Used as a home but rented less than 15 days , later, for more information. Download 1040x Limit on deductions. Download 1040x   Renting a dwelling unit that is considered a home is not a passive activity. Download 1040x Instead, if your rental expenses are more than your rental income, some or all of the excess expenses cannot be used to offset income from other sources. Download 1040x The excess expenses that cannot be used to offset income from other sources are carried forward to the next year and treated as rental expenses for the same property. Download 1040x Any expenses carried forward to the next year will be subject to any limits that apply for that year. Download 1040x This limitation will apply to expenses carried forward to another year even if you do not use the property as your home for that subsequent year. Download 1040x   To figure your deductible rental expenses for this year and any carryover to next year, use Worksheet 9-1. Download 1040x Reporting Income and Deductions Property not used for personal purposes. Download 1040x   If you do not use a dwelling unit for personal purposes, see How To Report Rental Income and Expenses , later, for how to report your rental income and expenses. Download 1040x Property used for personal purposes. Download 1040x   If you do use a dwelling unit for personal purposes, then how you report your rental income and expenses depends on whether you used the dwelling unit as a home. Download 1040x Not used as a home. Download 1040x   If you use a dwelling unit for personal purposes, but not as a home, report all the rental income in your income. Download 1040x Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in Dividing Expenses . Download 1040x The expenses for personal use are not deductible as rental expenses. Download 1040x   Your deductible rental expenses can be more than your gross rental income; however, see Limits on Rental Losses , later. Download 1040x Used as a home but rented less than 15 days. Download 1040x   If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function is not considered to be rental and it should not be reported on Schedule E (Form 1040). Download 1040x You are not required to report the rental income and rental expenses from this activity. Download 1040x The expenses, including qualified mortgage interest, property taxes, and any qualified casualty loss will be reported as normally allowed on Schedule A (Form 1040). Download 1040x See the Instructions for Schedule A (Form 1040) for more information on deducting these expenses. Download 1040x Used as a home and rented 15 days or more. Download 1040x   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. Download 1040x Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in Dividing Expenses . Download 1040x The expenses for personal use are not deductible as rental expenses. Download 1040x   If you had a net profit from renting the dwelling 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. Download 1040x You do not need to use Worksheet 9-1. Download 1040x   However, if you had a net loss from renting the dwelling unit for the year, your deduction for certain rental expenses is limited. Download 1040x To figure your deductible rental expenses and any carryover to next year, use Worksheet 9-1. Download 1040x Depreciation You recover the cost of income-producing property through yearly tax deductions. Download 1040x You do this by depreciating the property; that is, by deducting some of the cost each year on your tax return. Download 1040x Three factors determine how much depreciation you can deduct each year: (1) your basis in the property, (2) the recovery period for the property, and (3) the depreciation method used. Download 1040x You cannot simply deduct your mortgage or principal payments, or the cost of furniture, fixtures, and equipment, as an expense. Download 1040x You can deduct depreciation only on the part of your property used for rental purposes. Download 1040x Depreciation reduces your basis for figuring gain or loss on a later sale or exchange. Download 1040x You may have to use Form 4562 to figure and report your depreciation. Download 1040x See How To Report Rental Income and Expenses , later. Download 1040x Alternative minimum tax (AMT). Download 1040x    If you use accelerated depreciation, you may be subject to the AMT. Download 1040x Accelerated depreciation allows you to deduct more depreciation earlier in the recovery period than you could deduct using a straight line method (same deduction each year). Download 1040x Claiming the correct amount of depreciation. Download 1040x   You should claim the correct amount of depreciation each tax year. Download 1040x If you did not 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. Download 1040x   If you deducted an incorrect amount of depreciation for property in any year, you may be able to make a correction by filing Form 1040X, Amended U. Download 1040x S Individual Income Tax Return. Download 1040x If you are not allowed to make the correction on an amended return, you can change your accounting method to claim the correct amount of depreciation. Download 1040x See Claiming the correct amount of depreciation in chapter 2 of Publication 527 for more information. Download 1040x Changing your accounting method to deduct unclaimed depreciation. Download 1040x   To change your accounting method, you generally must file Form 3115, Application for Change in Accounting Method, to get the consent of the IRS. Download 1040x In some instances, that consent is automatic. Download 1040x For more information, see chapter 1 of Publication 946. Download 1040x Land. Download 1040x   You cannot depreciate the cost of land because land generally does not wear out, become obsolete, or get used up. Download 1040x The costs of clearing, grading, planting, and landscaping are usually all part of the cost of land and cannot be depreciated. Download 1040x More information. Download 1040x   See Publication 527 for more information about depreciating rental property and see Publication 946 for more information about depreciation. Download 1040x 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 deduct. Download 1040x You must consider these rules in the order shown below. Download 1040x At-risk rules. Download 1040x These rules are applied first if there is investment in your rental real estate activity for which you are not at risk. Download 1040x This applies only if the real property was placed in service after 1986. Download 1040x Passive activity limits. Download 1040x Generally, rental real estate activities are considered passive activities and losses are not deductible unless you have income from other passive activities to offset them. Download 1040x However, there are exceptions. Download 1040x At-Risk Rules You may be subject to the at-risk rules if you have: A loss from an activity carried on as a trade or business or for the production of income, and Amounts invested in the activity for which you are not fully at risk. Download 1040x Losses from holding real property (other than mineral property) placed in service before 1987 are not subject to the at-risk rules. Download 1040x In most cases, any loss from an activity subject to the at-risk rules is allowed only to the extent of the total amount you have at risk in the activity at the end of the tax year. Download 1040x You are considered 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. Download 1040x See Publication 925 for more information. Download 1040x Passive Activity Limits In most cases, all rental real estate activities (except those of certain real estate professionals, discussed later) are passive activities. Download 1040x 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. Download 1040x Limits on passive activity deductions and credits. Download 1040x    Deductions or losses from passive activities are limited. Download 1040x You generally cannot offset income, other than passive income, with losses from passive activities. Download 1040x Nor can you offset taxes on income, other than passive income, with credits resulting from passive activities. Download 1040x Any excess loss or credit is carried forward to the next tax year. Download 1040x   For a detailed discussion of these rules, see Publication 925. Download 1040x    You may have to complete Form 8582 to figure the amount of any passive activity loss for the current tax year for all activities and the amount of the passive activity loss allowed on your tax return. Download 1040x Real estate professionals. Download 1040x   Rental activities in which you materially participated during the year are not passive activities if, for that year, you were a real estate professional. Download 1040x For a detailed discussion of the requirements, see Publication 527. Download 1040x For a detailed discussion of material participation, see Publication 925. Download 1040x 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 shall not be taken into account for purposes of the passive activity loss limitation. Download 1040x Instead, follow the rules explained in Personal Use of Dwelling Unit (Including Vacation Home), earlier. Download 1040x Exception for Rental Real Estate Activities With Active Participation If you or your spouse actively participated in a passive rental real estate activity, you may be able to deduct up to $25,000 of loss from the activity from your nonpassive income. Download 1040x This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities. Download 1040x Similarly, you may be able to offset credits from the activity against the tax on up to $25,000 of nonpassive income after taking into account any losses allowed under this exception. Download 1040x Active participation. Download 1040x   You actively participated in a rental real estate activity if you (and your spouse) owned at least 10% of the rental property and you made management decisions or arranged for others to provide services (such as repairs) in a significant and bona fide sense. Download 1040x Management decisions that may count as active participation include approving new tenants, deciding on rental terms, approving expenditures, and similar decisions. Download 1040x Maximum special allowance. Download 1040x   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 surviving spouse qualified. Download 1040x   If your modified adjusted gross income (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. Download 1040x If your MAGI is more than $100,000 (more than $50,000 if married filing separately), your special allowance is limited to 50% of the difference between $150,000 ($75,000 if married filing separately) and your MAGI. Download 1040x   Generally, if your MAGI is $150,000 or more ($75,000 or more if you are married filing separately), there is no special allowance. Download 1040x More information. Download 1040x   See Publication 925 for more information on the passive loss limits, including information on the treatment of unused disallowed passive losses and credits and the treatment of gains and losses realized on the disposition of a passive activity. Download 1040x How To Report Rental Income and Expenses The basic form for reporting residential rental income and expenses is Schedule E (Form 1040). Download 1040x However, do not use that schedule to report a not-for-profit activity. Download 1040x See Not Rented for Profit, earlier. Download 1040x Providing substantial services. Download 1040x   If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, report your rental income and expenses on Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business (Sole Proprietorship). Download 1040x Substantial services do not include the furnishing of heat and light, cleaning of public areas, trash collection, etc. Download 1040x For information, see Publication 334, Tax Guide for Small Business. Download 1040x You also may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self-Employment Tax. Download 1040x   Use Form 1065, U. Download 1040x S. Download 1040x Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). Download 1040x Qualified joint venture. Download 1040x   If you and your spouse each materially participate as the only members of a jointly owned and operated real estate business, 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. Download 1040x This election, in most cases, will not increase the total tax owed on the joint return, but it does give each of you credit for social security earnings on which retirement benefits are based and for Medicare coverage if your rental income is subject to self-employment tax. Download 1040x For more information, see Publication 527. Download 1040x Form 1098, Mortgage Interest Statement. Download 1040x    If you paid $600 or more of mortgage interest on your rental property to any one person, you should receive a Form 1098, or similar statement showing the interest you paid for the year. Download 1040x 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. Download 1040x Attach a statement to your return showing the name and address of the other person. Download 1040x In the left margin of Schedule E, next to line 13, enter “See attached. Download 1040x ” Schedule E (Form 1040) If you rent buildings, rooms, or apartments, and provide basic services such as heat and light, trash collection, etc. Download 1040x , you normally report your rental income and expenses on Schedule E, Part I. Download 1040x List your total income, expenses, and depreciation for each rental property. Download 1040x Be sure to enter the number of fair rental and personal use days on line 2. Download 1040x If you have more than three rental or royalty properties, complete and attach as many Schedules E as are needed to list the properties. Download 1040x Complete lines 1 and 2 for each property. Download 1040x However, fill in lines 23a through 26 on only one Schedule E. Download 1040x On Schedule E, page 1, line 18, enter the depreciation you are claiming for each property. Download 1040x To find out if you need to attach Form 4562, see Form 4562, in chapter 3 of Publication 527. Download 1040x If you have a loss from your rental real estate activity, you also may need to complete one or both of the following forms. Download 1040x Form 6198, At-Risk Limitations. Download 1040x See At-Risk Rules , earlier. Download 1040x Also see Publication 925. Download 1040x Form 8582, Passive Activity Loss Limitations. Download 1040x See Passive Activity Limits , earlier. Download 1040x Page 2 of Schedule E is used to report income or loss from partnerships, S corporations, estates, trusts, and real estate mortgage investment conduits. Download 1040x If you need to use page 2 of Schedule E, be sure to use page 2 of the same Schedule E you used to enter your rental activity on page 1. Download 1040x Also, include the amount from line 26 (Part I) in the “Total income or (loss)” on line 41 (Part V). Download 1040x Worksheet 9-1. Download 1040x Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Use this worksheet only if you answer “yes” to all of the following questions. Download 1040x Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home . Download 1040x ) 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. Download 1040x Rental Use Percentage A. Download 1040x Total days available for rent at fair rental price A. Download 1040x       B. Download 1040x Total days available for rent (line A) but not rented B. Download 1040x       C. Download 1040x Total days of rental use. Download 1040x Subtract line B from line A C. Download 1040x       D. Download 1040x Total days of personal use (including days rented at less than fair rental price) D. Download 1040x       E. Download 1040x Total days of rental and personal use. Download 1040x Add lines C and D E. Download 1040x       F. Download 1040x Percentage of expenses allowed for rental. Download 1040x Divide line C by line E     F. Download 1040x   PART II. Download 1040x Allowable Rental Expenses 1. Download 1040x Enter rents received 1. Download 1040x   2a. Download 1040x Enter the rental portion of deductible home mortgage interest and qualified mortgage insurance premiums (see instructions) 2a. Download 1040x       b. Download 1040x Enter the rental portion of real estate taxes b. Download 1040x       c. Download 1040x Enter the rental portion of deductible casualty and theft losses (see instructions) c. Download 1040x       d. Download 1040x Enter direct rental expenses (see instructions) d. Download 1040x       e. Download 1040x Fully deductible rental expenses. Download 1040x Add lines 2a–2d. Download 1040x Enter here and  on the appropriate lines on Schedule E (see instructions) 2e. Download 1040x   3. Download 1040x Subtract line 2e from line 1. Download 1040x If zero or less, enter -0- 3. Download 1040x   4a. Download 1040x Enter the rental portion of expenses directly related to operating or maintaining  the dwelling unit (such as repairs, insurance, and utilities) 4a. Download 1040x       b. Download 1040x Enter the rental portion of excess mortgage interest and qualified mortgage insurance premiums (see instructions) b. Download 1040x       c. Download 1040x Carryover of operating expenses from 2012 worksheet c. Download 1040x       d. Download 1040x Add lines 4a–4c d. Download 1040x       e. Download 1040x Allowable expenses. Download 1040x Enter the smaller of line 3 or line 4d (see instructions) 4e. Download 1040x   5. Download 1040x Subtract line 4e from line 3. Download 1040x If zero or less, enter -0- 5. Download 1040x   6a. Download 1040x Enter the rental portion of excess casualty and theft losses (see instructions) 6a. Download 1040x       b. Download 1040x Enter the rental portion of depreciation of the dwelling unit b. Download 1040x       c. Download 1040x Carryover of excess casualty losses and depreciation from 2012 worksheet c. Download 1040x       d. Download 1040x Add lines 6a–6c d. Download 1040x       e. Download 1040x Allowable excess casualty and theft losses and depreciation. Download 1040x Enter the smaller of  line 5 or line 6d (see instructions) 6e. Download 1040x   PART III. Download 1040x Carryover of Unallowed Expenses to Next Year 7a. Download 1040x Operating expenses to be carried over to next year. Download 1040x Subtract line 4e from line 4d 7a. Download 1040x   b. Download 1040x Excess casualty and theft losses and depreciation to be carried over to next year. Download 1040x  Subtract line 6e from line 6d b. Download 1040x   Worksheet 9-1 Instructions. Download 1040x Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Caution. Download 1040x Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4b, and 6a–6b of  Part II. Download 1040x Line 2a. Download 1040x Figure the mortgage interest on the dwelling unit that you could deduct on Schedule A as if you had not rented the unit. Download 1040x Do not include interest on a loan that did not benefit the dwelling unit. Download 1040x For example, do not include interest on a home equity loan used to pay off credit cards or other personal loans, buy a car, or pay college tuition. Download 1040x Include interest on a loan used to buy, build, or improve the dwelling unit, or to refinance such a loan. Download 1040x Include the rental portion of this interest in the total you enter on line 2a of the worksheet. Download 1040x   Figure the qualified mortgage insurance premiums on the dwelling unit that you could deduct on line 13 of Schedule A as if you had not rented the unit. Download 1040x See the Schedule A instructions. Download 1040x However, figure your adjusted gross income (Form 1040, line 38) without your rental income and expenses from the dwelling unit. Download 1040x See Line 4b to deduct the part of the qualified mortgage insurance premiums not allowed because of the adjusted gross income limit. Download 1040x Include the rental portion of the amount from Schedule A, line 13, in the total you enter on line 2a of the worksheet. Download 1040x   Note. Download 1040x Do not file this Schedule A or use it to figure the amount to deduct on line 13 of that schedule. Download 1040x Instead, figure the personal portion on a separate Schedule A. Download 1040x If you have deducted mortgage interest or qualified mortgage insurance premiums on the dwelling unit on other forms, such as Schedule C or F, remember to reduce your Schedule A deduction by that amount. Download 1040x           Line 2c. Download 1040x Figure the casualty and theft losses related to the dwelling unit that you could deduct on Schedule A as if you had not rented the dwelling unit. Download 1040x To do this, complete Section A of Form 4684, Casualties and Thefts, treating the losses as personal losses. Download 1040x If any of the loss is due to a federally declared disaster, see the Instructions for Form 4684. Download 1040x On Form 4684, line 17, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. Download 1040x Enter the rental portion of the result from Form 4684, line 18, on line 2c of this worksheet. Download 1040x   Note. Download 1040x Do not file this Form 4684 or use it to figure your personal losses on Schedule A. Download 1040x Instead, figure the personal portion on a separate Form 4684. Download 1040x           Line 2d. Download 1040x Enter the total of your rental expenses that are directly related only to the rental activity. Download 1040x These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. Download 1040x Also include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity. Download 1040x           Line 2e. Download 1040x You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses on Schedule E even if your rental expenses are more than your rental income. Download 1040x Enter the amounts on lines 2a, 2b, 2c, and 2d on the appropriate lines of Schedule E. Download 1040x           Line 4b. Download 1040x On line 2a, you entered the rental portion of the mortgage interest and qualified mortgage insurance premiums you could deduct on Schedule A if you had not rented the dwelling unit. Download 1040x If you had additional mortgage interest and qualified mortgage insurance premiums that would not be deductible on Schedule A because of limits imposed on them, enter on line 4b of this worksheet the rental portion of those excess amounts. Download 1040x Do not include interest on a loan that did not benefit the dwelling unit (as explained in the line 2a instructions). Download 1040x           Line 4e. Download 1040x You can deduct the amounts on lines 4a, 4b, and 4c as rental expenses on Schedule E only to the extent they are not more than the amount on line 4e. Download 1040x *           Line 6a. Download 1040x To find the rental portion of excess casualty and theft losses, use the Form 4684 you prepared for line 2c of this worksheet. Download 1040x   A. Download 1040x Enter the amount from Form 4684, line 10       B. Download 1040x Enter the rental portion of line A       C. Download 1040x Enter the amount from line 2c of this worksheet       D. Download 1040x Subtract line C from line B. Download 1040x Enter the result here and on line 6a of this worksheet               Line 6e. Download 1040x You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses on Schedule E only to the extent they are not more than the amount on line 6e. Download 1040x * *Allocating the limited deduction. Download 1040x If you cannot deduct all of the amount on line 4d or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4d or 6d. Download 1040x Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I. Download 1040x Prev  Up  Next   Home   More Online Publications