Rental Real Estate Section 162 Trade Or Business
Rental real estate can be a great investment, but it's important to understand the tax implications of owning rental properties. One of the most significant tax benefits of owning rental real estate is the ability to treat it as a trade or business under section 162 of the Internal Revenue Code.
What is Section 162?
Section 162 of the Internal Revenue Code allows business owners to deduct ordinary and necessary expenses related to their trade or business. This includes expenses such as rent, utilities, and maintenance costs.
For rental real estate owners, this means that they can deduct expenses related to owning and operating their rental properties, including:
- Property taxes
- Mortgage interest
- Insurance premiums
- Repairs and maintenance
- Depreciation
- Utilities
- Management fees
How to Qualify for Section 162 Treatment
In order to qualify for section 162 treatment, rental real estate owners must be engaged in a trade or business. The IRS has provided some guidance on what constitutes a trade or business for rental real estate owners:
- The owner must be involved in the rental activity on a regular, continuous, and substantial basis.
- The rental activity must be conducted with the primary purpose of making a profit.
If a rental real estate owner meets these requirements, they can deduct their rental expenses on their tax return as if they were running a trade or business.
Why Section 199A is Important for Rental Real Estate Owners
Section 199A is a relatively new tax provision that was added to the tax code in 2018 as part of the Tax Cuts and Jobs Act. This provision allows certain business owners to deduct up to 20% of their qualified business income on their tax return.
For rental real estate owners who qualify for section 162 treatment, their rental income can be considered qualified business income for the purposes of section 199A. This means that they may be eligible for the 20% deduction on their rental income.
Conclusion
Rental real estate can be a great investment, and the tax benefits of owning rental properties can make it even more attractive. By understanding the tax implications of owning rental real estate and taking advantage of section 162 and section 199A, rental real estate owners can maximize their tax savings and increase their return on investment.