Depreciate Foreign Rental Property with the IRS: A Comprehensive Guide

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You can depreciate foreign rental property, but it's a bit more complex than depreciating a property in the US. The IRS allows you to claim depreciation on foreign rental property, but you'll need to follow specific rules.

You'll need to file Form 8582, Passive Activity Loss Limitations, to report your foreign rental income and expenses. This form will help you determine your passive loss limitation, which can impact your ability to depreciate the property.

The IRS considers foreign rental property to be a passive activity, which means you'll need to meet certain requirements to qualify for depreciation deductions. This includes having at least 10% ownership in the property and participating in the management of the property.

To depreciate foreign rental property, you'll need to use the Modified Accelerated Cost Recovery System (MACRS) method, which allows you to depreciate the property over a set number of years.

What Is Ownership?

Ownership of a foreign rental property can be a bit complex, but it's essential to understand the basics. You're considered the owner of the property, but the concept of depreciation is a key factor in how you'll be taxed on it.

The structure of the property, not the land, is what can be depreciated. Land generally increases in value over time.

Curious to learn more? Check out: Why Land Is Not Depreciated

Types of Properties

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Let's break down the types of properties that can be depreciated for foreign rental income.

Residential properties are a common type of depreciable asset, such as apartments, houses, or condominiums.

You can depreciate the cost of constructing or purchasing these properties over their useful life.

Residential properties can be depreciated over a period of 27.5 years.

Commercial properties, like offices or retail spaces, also qualify for depreciation.

The useful life of commercial properties is typically 39 years.

Land itself cannot be depreciated, only the value of any structures built on it.

This is an important distinction to make when calculating depreciation for foreign rental income.

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Depreciation and Taxation

Depreciation and Taxation is a crucial aspect of owning a foreign rental property. Depreciation is an accounting method to allocate the cost of tangible property over its useful life. The IRS allows a depreciation cost against any rental income, depending on the cost of the abroad rental property.

For domestic rental assets, the depreciation expense is calculated by dividing the cost by the IRS allowed 27.5 years of useful life for residential assets. This results in an annual depreciation cost of $10,000. However, foreign real estate follows a different set of laws, with a depreciation period of 30 years.

The Foreign Tax Credit (FTC) can be used to offset US income taxes on foreign rental property income. If you accrued or paid $100 of income tax in a foreign nation, you can deduct $100 from your domestic income tax liability.

Related reading: Conduit Foreign Income

Commercial

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Commercial property is depreciated over a longer period than residential property.

U.S. commercial property is depreciated over 39 years, which is a significant difference from the 27.5 years it takes to depreciate residential property.

In some cases, foreign commercial property can be depreciated over 40 years.

Depreciation

Depreciation is a valuable aspect of the tax system, allowing individuals to deduct the declining value of a property over time.

The duration of depreciation varies based on factors such as whether the structure is residential or commercial, as well as its location.

Domestic residential properties are depreciated over 27.5 years, but foreign rental properties are depreciated over either 30 years or 40 years, depending on when they were first rented.

In the United States, depreciation can lead to significant tax savings, making it a valuable aspect of the tax system.

The structure of a property gradually decreases in value due to factors like aging or becoming outdated, and individuals have the opportunity to depreciate the value of the structure or any improvements made over a specific period.

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For example, if the cost of your domestic rental asset was $275,000, the depreciation expense would be $275,000 divided by the IRS allowed 27.5 years of useful life for a residential asset, resulting in an annual depreciation cost of $10,000.

However, foreign real estate follows a different set of laws, and the IRS allows a depreciation period of 30 years, as opposed to the previous 40-year period before 2018.

If the cost of your foreign rental asset was $275,000, the depreciation expense would be $275,000 divided by the IRS allowed 30 years, resulting in an annual depreciation cost of $9,167.

Depreciation can significantly reduce tax liability, as seen in the example of Sarah, who had a net income of $10,000, but after incorporating the annual depreciation of $10,000, her tax liability became zero.

Here's an interesting read: Annual Depreciation Expense Formula

IRS Taxation

The IRS taxation of foreign rental property is a crucial aspect to consider. Yes, foreign rental property is subject to taxation in the United States if owned by a long-term resident or citizen.

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Any rent received from a foreign rental property is considered taxable income. This includes income from a second home or foreign weekend home that you rent out.

If you collect $30,000 in rental income and expenses come to $10,000, you have an income-taxable rental of $20,000. This is calculated by subtracting expenses from rental income.

The IRS requires you to report income from foreign rental properties if your rental income meets the necessary criteria. This includes any rent received from a foreign rental property.

Expert Assistance and Comparison

You can hire a professional tax preparer or accountant to help with depreciation on your foreign rental property, but be aware that their fees can range from $500 to $5,000 or more depending on the complexity of your tax situation.

The IRS offers free assistance through the Volunteer Income Tax Assistance (VITA) program, which can be a great resource for those who qualify.

Depreciation on foreign rental property can be complex, and it's essential to work with someone who has experience with international tax laws.

Expert Tax Assistance

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If you're a long-term resident or citizen of the United States with a foreign rental property, you're subject to taxation in the United States.

You must report income from your foreign rental property if it meets certain criteria, and any rent you receive will be determined as taxable income.

Any expenses linked with operating the rental property can be used as a deduction against income-taxable rental, such as in the case of a $30,000 rental income and $10,000 in rental property expenses, leaving you with an income-taxable rental of $20,000.

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30vs40

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The 30vs40 conundrum. It's a common question for foreign rental property owners like you. The answer lies in the Tax Cuts and Jobs Act of 2017. Long term foreign residential rental real estate placed in service on or before Dec 31, 2017 is depreciated over 40 years.

The change took place in 2018, and now long term foreign residential rental real estate placed in service on or after Jan 1, 2018 is depreciated over 30 years. You can find this information in the Tax Cuts and Jobs Act of 2017 on pages 57 and 58.

According to the IRS, the property placed in service before January 1, 2018 has a 40-year recovery period. This is stated in page 9, Table 2-1, with a superscript "1" that refers to note 1 below the table.

Properties

Depreciation is a key concept when it comes to foreign rental properties. It's a tax-deductible expense that can help offset the loss in value of your property over time.

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The IRS allows you to depreciate your rental property over 27.5 years, which is the standard depreciation period for residential rental properties.

As the property loses value, you can claim a portion of that loss as a depreciation expense on your tax return. This can significantly reduce your taxable income.

For example, if you purchased a property for $200,000 and it depreciates to $150,000 over 10 years, you can claim a depreciation expense of $50,000.

This can be a huge tax benefit, especially if you're in a high tax bracket.

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Frequently Asked Questions

What is the depreciable life of foreign assets?

The depreciable life of foreign assets is typically 30 years or 40 years, depending on when the property was first rented. This is longer than the 27.5-year depreciation period for domestic residential properties.

Does foreign property qualify for bonus depreciation?

No, foreign property does not qualify for bonus depreciation. Instead, it must use the alternative depreciation system (ADS).

Vanessa Schmidt

Lead Writer

Vanessa Schmidt is a seasoned writer with a passion for crafting informative and engaging content. With a keen eye for detail and a knack for research, she has established herself as a trusted voice in the world of personal finance. Her expertise has led to the creation of articles on a wide range of topics, including Wells Fargo credit card information, where she provides readers with valuable insights and practical advice.

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