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Tax Talk with George Saenz

Ask the tax adviser

Claiming real estate losses

Dear Tax Talk:
Is there a limit to how many years a loss can be claimed on real estate or income property?
Thanks,
Yolanda

Dear Yolanda:
Generally, real estate investments always operate at a loss. While the Internal Revenue Service has rules that require you to be engaged in an activity for profit to claim losses, real estate is viewed differently.

Most real property investors know that in the long-term there is potential for profit as a result of appreciation in value. When the current losses are viewed in connection with the increase in value, you can probably overcome any challenge the IRS may assert against the profit potential.

Of course this assumes that you have the property rented at a fair value and that you are not renting the property to a family member or friend at a reduced rate.

Tax treatment of a loan secured by rental property

Dear Tax Talk:
Is the interest on a loan for a car secured by rental property deductible?
Thanks,
Jane

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Dear Jane:
While it is true that you can take out a home equity loan on your first or second home and deduct the interest within certain limits, this does not apply to borrowings on a rental property.

A rental property is not treated as a second home for tax purposes unless you utilize it personally for more than 14 days or 10 percent of the days it is rented. Assuming the property does not qualify as a second home, the amount borrowed would have to be traced to its purpose.

Since borrowing to buy a car would be considered a personal expenditure, the interest paid on the mortgage would be similarly categorized and therefore not deductible (unless of course the car is used in a business operation, in which case the interest would be deductible regardless of whether it is secured by a mortgage or not).

 

-- Updated: April 16, 2003

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