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780 days and 20 hours ago.

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I lived in a house as my primary residence for 1 year. I then placed it on the market for sale. The house took 17 months to sell. In the mean time I continued to pay the mortgage and property taxes on it. Additionally, during this period, we had a flood due to a broken water pipe and filed an insurance claim, but had to pay a deductable of $1,600. Am I entitled to claim any of this on my taxes?

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El Paso, Texas

Answer

XXXXXXXX,

If you are taking a business use of home deduction for a Schedule C, you could claim this under repairs on form 8829. Otherwise, you will not get a benefit for this expense.

regards,

Mark D

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Expert: Mark D
Pos. Feedback: 99.6 %
Accepts: 919
Answered: 1/27/2008

Enrolled Agent

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

780 days and 20 hours ago.

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Reply to Mark D's Post: Mark,

    I am confused with your answer. I payed out $1,600 a month for principle, interest and property taxes. This went on for 17 months. During that time, I established a permanent residence in another state. So, this house was not my permanant residence. As a result, is there any way that this house could have been consided a rental/investment property that produced no income until it sold. That is could I claim a loss of projected rental income based on fair market value while it stood idea. I was always flexible if someone wanted to rent it. I understand that I am entitled to write off the interest and property taxes, but could I declare a loss based on projected rental income if it was a rental. Additionally, if this is possible, could I depreciate it also? Need to know how you would approach something like this. It seems that if I was living in another state and rented a house as my new primary residence that this house should be considered something different then another primary residence.

V/R
Ernie

Posted by Mark D 780 days and 19 hours ago.

Question

XXXXXXXX,

This would be considered a second home and not a rental unless you could show an attempt to rent it out (advertising, property management company hired). If you can show it was a rental, you could file Schedule E with your expenses (to include the pipe repair) and take depreciation to produce a loss with limitations. If you take depreciation, please keep in mind the amount will be recaptured at ordinary rates when the property is sold. If this was not a rental, you may still deduct your interest and property taxes on Schedule A, but not the repairs. Also, you can never deduct lost projected rental income.

Regards,

Mark D

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