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 2016 Schedule E
you can deduct fees paid in 2016 to prepare
Part I of your 2015 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-
not deduct charges for local benefits that in-
crease the value of your property, such as
charges for putting in streets, sidewalks, or wa-
ter and sewer systems. These charges are non-
depreciable capital expenditures and must be
added to the basis of your property. However,
you can deduct local benefit taxes that are for
maintaining, 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 2016, the standard mileage rate
for business use is 54 cents per mile. For more
information, see chapter 4 of Pub. 463.
To deduct car expenses under either
method, you must keep records that
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
cannot deduct these payments. You can re-
cover the cost of purchased equipment through
depreciation.
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 cannot 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
chapter 5 of Pub. 463.
Uncollected rent. If you are a cash basis tax-
payer, do not deduct uncollected rent. Because
you have not included it in your income, it is 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 cannot 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 is not held
out and available for rent while listed for sale,
the expenses are not deductible rental expen-
ses.
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
cannot 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:
The amount borrowed (redemption price at
maturity, or principal), and
The proceeds (issue price).
The first step is to determine whether your
total OID (which you may have on bonds or
other investments in addition to the mortgage
loan), including the OID resulting from the
points, is insignificant or de minimis. If the OID
is not 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, 2016, to buy a house
she will use as a rental during 2016. The loan is
to be repaid over 30 years. During 2016, 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
amount of the loan)
............... $100,000
Multiplied by: The term of the
loan in complete years ............ × 30
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.
Constant-yield method. If the OID is not 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
generally is 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
your lender. If you do not 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.
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Page 4 Chapter 1 Rental Income and Expenses (If No Personal Use of Dwelling)