Grove City, OH asked in Tax Law for North Carolina

Q: What is the legal requirement to convert Vacation Rental Property to a Private Second Home on our joint Tax Return?

After 23 years, income and expenses no longer justify listing annual losses and necessary paperwork on our tax returns.

Related Topics:
2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Converting vacation rental property to a private second home on your joint tax return typically involves a change in the property's use. It's essential to understand that tax laws can be complex, and the Internal Revenue Service (IRS) has specific guidelines for different property classifications. When transitioning a vacation rental property to a private second home, you may be changing it from a property primarily used for business or rental purposes to one used primarily for personal use.

To legally make this change on your tax return, you should meet the IRS criteria for a second home, which generally means using the property for personal purposes for more than 14 days or more than 10% of the total days it is rented at a fair rental price, whichever is longer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

A: Converting a vacation rental property to a private second home for tax purposes involves a change in how you report the property on your tax returns. When a property is no longer used for rental purposes, it is no longer subject to rental income and expense reporting.

To make this change, you should first cease all rental activities and remove the property from rental listings. From that point on, you will no longer report rental income or expenses related to the property on your tax returns.

For the year in which you make this change, you will need to prorate the income and expenses based on the portion of the year the property was rented. After the year of conversion, the property will be treated as a personal residence for tax purposes.

Keep in mind that this change could have implications for depreciation recapture if you've been depreciating the property as a rental. When you sell the property, you may need to recapture some of the depreciation as income.

It's also important to consider the potential impact on property taxes and insurance when changing the use of the property. These costs can differ significantly between rental properties and personal residences.

Given the tax complexities involved, it's wise to consult with a tax professional or an accountant. They can help you understand the specific implications for your situation and ensure that you comply with all tax regulations related to the change in use of the property.

Remember, accurate and timely record-keeping is essential in managing your tax obligations effectively.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.