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Level 3
August 18, 2023
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Transfer of Rental Property in a Divorce

  • August 18, 2023
  • 1 reply
  • 10 views

I have a client that went through a divorce last year.  They had a rental property. 

Part of the separation agreement (prior to the settlement), the client was to claim the rental income and expenses on his tax return while the soon to be ex-spouse claimed some pass-through income from LLC's that they owned.  He lives in IL and the property is in CO, so no community property issues here.  They filed separate returns.  

Now that the divorce is final, there was a settlement that included that my client transfer the rental property to his spouse.  He is reporting rent up to the divorce date (7/22) and the ex will report the rest of the year.

I know that the settlement is not a taxable event so I'm not supposed to report this as a sale (no gain or loss is to be reported).  My questions are:

  1. How do remove the property from Pro-Connect so that he is only reporting depreciation up to the time of transfer?
  2. Or do I wait until next year and just delete the property?  That seems just too easy.
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Best answer by PhoebeRoberts

The easy way is to override current year depreciation, then delete the assets for next year's proforma. He would be wise to transfer basis and depreciation schedules to the ex.

1 reply

PhoebeRoberts
Intuit Community Champion
August 18, 2023

The easy way is to override current year depreciation, then delete the assets for next year's proforma. He would be wise to transfer basis and depreciation schedules to the ex.