Rental real estate income is generally reported on Schedule E. Taxpayers deduct allowable rental expenses to determine net gain or loss. When substantial services are provided—such as regular cleaning, linen changes, or maid service—the activity may be reported on Schedule C instead. Substantial services do not include utilities, trash collection, or cleaning of common areas.

Schedule C reporting subjects income to self‑employment tax and removes passive activity limits on losses.

Personal Use Property

A property is considered a home if personal use exceeds the greater of 14 days or 10% of rental days.

If Not Used as a Home

  • Report all rental income
  • Deduct all rental expenses, even if they exceed income

If Used as a Home

Rules depend on rental days:

  • Rented fewer than 15 days
    • Do not report income
    • Do not deduct rental expenses
  • Rented 15 days or more
    • Report all rental income
    • Allocate expenses between rental and personal use
    • Losses may be limited

Personal Use Includes

  • Use by owners
  • Use by family
  • Use by anyone paying less than fair rental value

A day rented at fair value counts as a rental day even if also used personally. Days available but not rented do not count as rental days.

Rental Income

Rental income includes all payments received for use of property.

Advance Rent

Include in income when received, regardless of the period covered.

Security Deposits

  • Not income if refundable
  • Amounts kept due to tenant default → rental income
  • Deposits applied to final rent → advance rent

Expenses Paid by Tenant

If a tenant pays the taxpayer’s expenses, the payment is rental income. The taxpayer may deduct the expense separately.

Property or Services in Place of Rent

Include the fair market value of property or services received.

Rents from Personal Property

  • If operated for profit and regularly → Schedule C
  • If not a business → report as other income with adjustments

Rental Expenses

Related Expenses

Deductible items include advertising, cleaning, utilities, taxes, interest, commissions, travel, and transportation.

Insurance

Premiums covering more than 12 months must be prorated.

Depreciation

Begin depreciation when the property is ready and available for rent.

  • Residential rental property: 27.5 years
  • Nonresidential property: 39 years
  • Land is not depreciable

Repairs

Repairs keep property in good condition and are deductible. Examples include repainting, fixing leaks, plastering, and replacing broken windows.

Improvements

Improvements add value, extend life, or adapt property to new uses. These costs must be capitalized and depreciated.

Examples: new roof, added rooms, new plumbing, fencing, paving.

De Minimis Safe Harbor

Taxpayers may elect to deduct tangible property costs under:

  • $2,500 per item (no AFS)
  • $5,000 per item (with AFS)

Additional Considerations

Local Benefit Taxes

Charges for improvements such as sidewalks or sewer systems are capitalized, not deducted.

Vacant Property

Expenses for managing or maintaining vacant rental property are deductible. Lost rent is not.

Uncollected Rent

Cash‑basis taxpayers do not deduct uncollected rent. If the rent becomes uncollectible, it may qualify as a bad debt.

Not Rented for Profit

Expenses are deductible only up to rental income. Losses cannot be carried forward.

Property Converted to Rental Use

Allocate expenses between rental and personal use. Depreciation and insurance are not allowed during personal‑use periods.

Renting Part of a Property

Allocate expenses between rental and personal portions. Depreciate the rental portion and related furnishings.

Limits on Rental Losses

Loss deductions may be limited by:

  1. At‑Risk Rules

Losses are allowed only to the extent the taxpayer is at risk in the activity. Disallowed losses carry forward.

  1. Passive Activity Limits

Rental real estate is generally passive. Losses are deductible only against passive income unless an exception applies.

Exceptions

Real Estate Professional

Losses may offset ordinary income if:

  • More than half of personal services are in real property trades or businesses, and
  • More than 750 hours of material participation

$25,000 Special Allowance

Up to $25,000 of passive rental loss may be deducted if the taxpayer or spouse actively participates.

  • Full allowance if MAGI ≤ $100,000
  • Phased out at 50% between $100,000 and $150,000
  • No allowance if MAGI ≥ $150,000

Active participation includes approving tenants, setting rental terms, and authorizing repairs.