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Level 2
November 27, 2024
Question

3115 missed depreciation

  • November 27, 2024
  • 4 replies
  • 25 views

I am doing past tax returns for a client 2019-2020.

Client had rental property since 2012 but doing her own taxes did not take any depreciation.

i would like to take it in 2019, but she sold the property in 2020 and would benefit more by filing the 3115 in 2020 instead of 2019 (the first year of discovery technically). My preference would be to offset cap gains on the sale of the house.

Can she claim depreciation in 2019 and then file the 3115 for 2020 to take missed depreciation.

Or does she have to file the 3115 for 2019 for the first year of discovery?

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    4 replies

    IRonMaN
    Level 15
    November 27, 2024

    "Can she claim depreciation in 2019 and then file the 3115 for 2020 to take missed depreciation."

    I don't think that is the way it works.  I think you want to do it with the 2019 return.

    Slava Ukraini!
    Intuit Community Champion
    November 27, 2024

    Are you doing 2019, and 2020 that she did not file or are you amending those two years. If 2019 has not been filed, then like ironman said, you should file the 3115 for that year. If you are amending (because of missed deprecation) then I would just amend 2020, and do the 3115 for 2020.

     

    Level 2
    November 27, 2024

    Thanks for your input. 

    Would it be ethical to just not take it in 2019 and file the 2020 with the 3115?

    Client hasn't filed a return since 2016. We are just filing for compliance and bankruptcy.

    IRonMaN
    Level 15
    November 27, 2024

    You are signing the return.  Are you comfortable signing a return that you know is not correct?

    Slava Ukraini!
    rbynaker
    Level 13
    November 27, 2024

    I'm no expert (I can count on one hand the number of these I've filed) but I thought the 3115 had to be filed with a timely filed return?  Maybe @TaxGuyBill knows.

    From the instructions page 2:

    Attach the original Form 3115 to the filer's timely filed
    (including extensions) federal income tax return for the year of
    change.

    But maybe this will help?:

    Late Application
    In general, a filer that fails to timely file a Form 3115 will not be
    granted an extension of time to file except in unusual and
    compelling circumstances. See section 6.03(4)(b) of Rev. Proc.
    2015-13 and Regulations section 301.9100-3 for the standards
    that must be met. For information on the period of limitations,
    see section 5.03(2) of Rev. Proc. 2023-1.

    IRonMaN
    Level 15
    November 27, 2024

    Good point😊

    Slava Ukraini!
    Level 15
    November 27, 2024

    I agree with Rick - you can't claim ANY depreciation.

    The usual rule is that it must be on an original, timely filed return.  For disposed property there is an exception and can be done on an amended return within the three year limit, but that doesn't apply in your situation.

    As weird as it sounds, I don't think you can even claim any depreciation for 2019 or 2020 because you are not allowed to without a 3115.

     

    But that makes me wonder ... if you have no way to claim depreciation for 2019 or 2020 (you are not allowed to), then maybe that doesn't lower Basis?  I never thought of it until now, but that would be interesting to research.

     

    Level 2
    December 2, 2024

    Well, the depreciation is "allowed or allowable" so I understood that meant that the basis lowers whether you had the know how to claim depreciation or not.

    Level 2
    February 18, 2025

    Hi,

    I was researching 3115 filings and came across this thread. I just realized that I stopped taking the straight-line depreciation on a rental property I still hold. I am catching up on 2022/2023 returns. Considering the note on 'timely filed' returns, should I just shoot to file 3115 with 2024 return (submitted on time)?