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Level 3
March 3, 2021

Donation of Rental Property

  • March 3, 2021
  • 2 replies
  • 16 views

I have a client who who donated property which was formerly a rental.  He has owned it for over 30 years, so the property is fully depreciated.  The original basis was $27,100 for depreciation purposes.  The adjusted basis is $7900.  The FMV is $105,000.  We have the appraisal to show value.  How does this get  reported on Schedule A?  I know the deduction will be limited due to his income.  Is he entitled to FMV and/or do I need to recapture the depreciation as ordinary income?

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    2 replies

    sjrcpa
    Level 15
    March 3, 2021

    Form 8283. Most likely he can deduct FMV. See the form instructions.

    The more I know the more I don’t know.
    The Tax Shelter
    Level 2
    April 7, 2021

    I have a similar situation.  Fully depreciated rental property purchased in 1972 was donated.  Purchase price of asset was $30,992.  Hud-1 to recipient shows "gift" of $43,959 + expenses.

    1. I am assuming the gift is $43,959 ?

    2. Is there any gain on the disposition?

     

    A.C. Stickel
    sjrcpa
    Level 15
    April 7, 2021

    Was the donee a charity? I've never seen a HUD 1 for a gift of property to a charity. 

    The charitable contribution is the FMV determined by the required appraisal.

    No taxable gain on a contribution of appreciated property.

    Or was this a bargain sale to charity? More complicated.

    The more I know the more I don’t know.
    The Tax Shelter
    Level 2
    April 8, 2021

    Yes, it was given to a 501(c)(3).  I agree about the Hud-1.  It wasn't a sale, just a transfer.  & I'm not sure how they arrived at the value.  It wasn't the selling price or the appraised price.

    A.C. Stickel