Am I required to report and pay taxes on income from rental activity?
Generally speaking, if you are receiving money from operating a rental property or engaging in almost any business activity, then yes, you are required to report and pay taxes on that income. Rental activity creates taxable income in a majority of cases. The only exception to this rule is if you rent out your primary residence, such as a bedroom, for fewer than 15 days during the tax year. In that case, no income is required to be reported.
However, if you rent out your primary residence for longer than 14 days or if you own a vacation or investment property, you are required to report and pay taxes on the net rental income. In most cases, rental income is considered passive income and doesn't trigger self-employment tax, as a side hustle might. That said, if you are a real estate professional or intend to make rental activity a full-time gig, you may have to pay self-employment tax in addition to income tax. In some cases, you may be able to avoid this tax by registering a corporation or LLC.
What types of expenses can I deduct as a landlord?
You can deduct expenses associated with rental activity if they are required to maintain the property, find a tenant, solve disputes, comply with the law, and other aspects of collecting rent and keeping your investment safe. The following items are generally deductible:
- Advertising your rental through property listings, websites, and other methods.
- Legal and professional fees.
- Property management fees.
- Insurance.
- Mortgage interest and real estate taxes.
- HOA or condo board maintenance fees.
- Repair and maintenance labor costs.
- Purchase, installation, and maintenance of appliances and furniture.
- Supplies used to get the property in move-in condition.
- Collection agency fees.
- State and local taxes on rental activity.
- Utilities.
- Depreciation.
Businesses may be able to write off costs from improving their facilities immediately rather than having to depreciate them over time. Determining what may qualify for a write-off, however, can be complex. If you inform your tax professional about which improvements were made over the last few years, they can evaluate whether you may accelerate the depreciation or write off the cost.
If the property is unoccupied and it takes longer to secure a tenant than you anticipated, you cannot deduct the rent that you would have received. You only report the rent you eventually receive, but you can deduct the marketing expenses related to attempts to obtain tenants. You may also deduct the operating and maintenance expenses incurred while the property was vacant but available for rent.
If the property does not meet building codes, or if a complaint is filed against you, resulting in state or city action, you cannot deduct any fines or penalties. Only fees paid to attorneys, accountants, and other compliance professionals are deductible, along with local taxes and the labor costs involved in repairing the property.
If my rental activity results in a loss, can I deduct it?
Most small landlords have a limit on the amount of rental losses that they are allowed to deduct. Specific rules apply to losses from passive rental activity if you are not a full-time real estate professional, such as a realtor or property manager. Additionally, there are limits on your rental loss if you are renting out your primary residence (or using any other property for personal use).
If your passive rental losses are disallowed in the current year, those losses will carry forward to the next taxable year. If you incur losses, it is still important to inform your tax professional so the proper information can be included on your tax return.
Do landlords have to issue 1099 forms to contractors?
Form 1099-NEC is used to report payments made to contractors during the tax year. These payments can include fees for one-time services, such as fixing a burst pipe, or ongoing fees, like lawn care or housekeeping for your rental units. If you paid the contractor $600 or more, you may be required to file a 1099-NEC.
Generally, if you made payments to corporations, used a payment processor like PayPal, or hired the contractor through a third-party platform, you do not have to file 1099s for those payments. If you have hired a property management company, the property manager may handle the 1099s for you. However, it is important to confirm this to ensure you do not miss the deadline at the end of January each year.
What tax deadlines do I have as a landlord?
Your deadlines depend on your business structure and the forms you’re required to file. The IRS updates filing dates each year—visit IRS.gov for the most current due dates for individual, partnership, and corporate returns.
If you are self-employed or operate as a business entity, you may also have to make quarterly estimated tax payments.
How can I get help?
Managing rental income and expenses can be complex, especially with changing rules and reporting requirements. If you have more questions about managing your rental business or how to report your rental income and expenses, reach out to a Legal Pro for affordable legal information.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
