Publication 527
taxmap/pubs/p527-007.htm#en_us_publink1000219106Figuring the net income or loss for a residential rental activity
may involve more than just listing the income and deductions on Schedule E (Form
1040). First, there are those activities which do not qualify to use Schedule E.
Then there are the limitations which may need to be applied if
you have a net loss on Schedule E. There are two: (1) the limitation based on
the amount of investment you have at risk in your rental activity, and (2) the
special limits imposed on passive activities.
You may also have a loss (or gain) related to your rental property
from a casualty or theft. This is considered separately from the income and
expense information on Schedule E.
taxmap/pubs/p527-007.htm#en_us_publink1000219107The basic form for reporting residential rental income and expenses
is Schedule E (Form 1040). However, do not use that schedule to report a
not-for-profit activity. See
Not Rented for Profit, in chapter 4. There are also other rental situations in which
forms other than Schedule E would be used.
taxmap/pubs/p527-007.htm#en_us_publink1000219116If you rent buildings, rooms, or apartments, and provide only
heat and light, trash collection, etc., you normally report your rental income
and expenses on Schedule E, Part I.
List your total income, expenses, and depreciation for each rental
property. Be sure to answer the question on line 2.
If you have more than three rental or royalty properties, complete
and attach as many Schedules E as are needed to list the properties. Complete
lines 1 and 2 for each property. However, fill in the "Totals" column on only
one Schedule E. The figures in the "Totals" column on that Schedule E should be
the combined totals of all Schedules E.
On Schedule E, page 1, line 20, enter the depreciation you are
claiming for each property. To find out if you need to attach Form 4562, see
Form 4562, later.
If you have a loss from your rental real estate activity, you
also may need to complete one or both of the following forms.
Page 2 of Schedule E is used to report income or loss from partnerships,
S corporations, estates, trusts, and real estate mortgage investment conduits.
If you need to use page 2 of Schedule E, use page 2 of the same Schedule E you
used to enter the combined totals in Part I. Also, include the amount from line
26 (Part I) in the "Total income or (loss)" on line 41 (Part V).
taxmap/pubs/p527-007.htm#en_us_publink1000219117You must complete and attach Form 4562 for rental activities
only if you are claiming:
- Depreciation, including the special depreciation allowance,
on property placed in service during 2010;
- Depreciation on listed property (such as a car), regardless
of when it was placed in service; or
- Any other car expenses, including the standard mileage rate
or lease expenses.
Otherwise, figure your depreciation on your own worksheet. You
do not have to attach these computations to your return, but you should keep
them in your records for future reference.
See Publication 946 for information on preparing Form 4562.
taxmap/pubs/p527-007.htm#en_us_publink1000234064Generally, Schedule C is used when you materially participate
in your residential rental activity.
taxmap/pubs/p527-007.htm#en_us_publink1000234065If you provide substantial services that are primarily for your
tenant's convenience, such as regular cleaning, changing linen, or maid service,
you report your rental income and expenses on Schedule C, Profit or Loss From
Business, or Schedule C-EZ, Net Profit From Business. Use Form 1065, U.S. Return
of Partnership Income, if your rental activity is a partnership (including a
partnership with your spouse unless it is a qualified joint venture).
Substantial services do not include the furnishing of heat and light, cleaning
of public areas, trash collection, etc. For information, see Publication 334,
Tax Guide for Small Business. Also, you may have to pay self-employment tax on
your rental income using Schedule SE (Form 1040), Self-Employment Tax. For a
discussion of "substantial services," see
Real Estate Rents in Publication 334, chapter 5.
taxmap/pubs/p527-007.htm#en_us_publink1000234066If you and your spouse each materially participate (see
Material participation, later) as the only members of a jointly owned and operated
rental 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. 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 you make this election, instead of filing Schedule E or Form
1065, U.S. Return of Partnership Income, you and your spouse must each file a
separate Schedule C or C-EZ reporting the appropriate share of income and
deductions. Rental real estate income generally is not included in net earnings
from self-employment subject to self-employment tax and generally is subject to
the passive loss limitation rules, unless it is a trade or business. Electing
qualified joint venture status and using the Schedule C or C-EZ does not alter
the application of the self-employment tax or the passive loss limitation rules.
If you and your spouse filed a Form 1065 for the year prior to
the election, the partnership terminates at the end of the tax year immediately
preceding the year the election takes effect.
For more information on qualified joint ventures, go to IRS.gov.
Enter "QJV election" in the search box and select "Benefits of Qualified Joint
Ventures for Family Businesses."