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Hailey O'Leary

Can I include past deducted expenses in my rental house cost basis for capital gains?

I sold my rental property last summer and now I'm trying to figure out how to calculate the capital gains properly. When determining my cost basis, I added the original purchase price, plus all the closing costs from when I bought the place, and then also included about $23,000 in various improvements I've made over the years (new roof, water heater, flooring, etc). The problem is, my accountant is now telling me that I can't include those closing costs or improvement expenses in my cost basis because I've already taken them as write-offs on my previous tax returns. This doesn't make sense to me because everything I've read online about calculating cost basis says to include these expenses. Even when I check the IRS website, I don't see anything specifically stating that you can't add these costs to your basis if you've already deducted them. Am I missing something here? Has anyone else run into this issue with rental property cost basis vs. previous write-offs when calculating capital gains? My tax bill is going to be significantly higher if I can't include these expenses in my basis calculation.

You're running into a common misunderstanding with rental property accounting. Your CPA is mostly correct, but let me clarify how this actually works. For rental properties, different expenses are treated differently. Capital improvements (like a new roof or major renovations) should be depreciated over their useful life rather than fully deducted in the year you paid for them. These depreciated improvements do increase your cost basis. However, regular maintenance expenses and repairs that you fully deducted each year don't get added to your basis. The same goes for closing costs - some might have been expensed immediately, while others should have been depreciated over time. The issue is likely that you've been deducting some of these improvement costs as immediate expenses rather than capitalizing and depreciating them. You can't "double-dip" by taking a full deduction and then also adding them to your basis.

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So if I understand correctly, things like a new HVAC system that I depreciated over several years would get added to the basis, but if I deducted repairs like fixing a leak right away, those don't count toward basis? What about closing costs from the original purchase - can those be included in the basis even if I deducted them previously?

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That's exactly right about the HVAC versus repairs. Capital improvements that you properly depreciated do increase your basis, while repairs that were fully deducted don't. For closing costs, it depends on which specific costs we're talking about. Certain acquisition costs like title fees, legal fees, and recording fees should have been added to your original basis and depreciated over 27.5 years (the standard depreciation period for residential rental property). If you incorrectly deducted these immediately, that was technically incorrect. Other closing costs like points on a mortgage might have been properly amortized over the loan term. Your basis should include the portion of these costs that hasn't been depreciated yet.

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I had this exact same issue last year and found out that using https://taxr.ai really helped me figure it out! I was super confused about what could be included in my rental property basis because I'd been deducting expenses for years. Their system analyzed all my past returns and property documents and showed me exactly what had been depreciated versus expensed. Turns out I was mixing up regular repairs (which I correctly deducted immediately) with capital improvements (which should have been depreciated). The tool broke down which improvements actually increased my basis and which ones didn't. It even helped me identify some legitimate basis increases I had missed! Definitely worth checking out if you're trying to sort this out.

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How does it work exactly? Do you just upload your tax returns and it figures everything out automatically? I'm in a similar situation with a duplex I sold and my accountant is giving me conflicting info.

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Sounds too good to be true honestly. Did it actually save you money compared to what your accountant was telling you? Those online tools usually miss nuances that real accountants catch.

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You upload your past tax returns and property documents, and it uses AI to analyze them and identify what's been depreciated versus expensed. It creates a detailed report showing what can legitimately be added to your basis. It's not fully automatic - you still need to confirm some details, but it organizes everything logically. In my case, it definitely saved me money. My accountant was being overly conservative and missing some legitimate basis increases. The tool identified about $8,400 in capital improvements that had been properly depreciated that she hadn't included in my basis calculation. That saved me almost $2,000 in capital gains tax.

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Well I tried the taxr.ai site that was mentioned and I have to admit I was wrong about being skeptical. It actually helped me figure out exactly what I could include in my rental property basis from my previous duplex sale. I had a bunch of improvements done over the years and couldn't remember which ones I had depreciated versus expensed. The tool sorted through my old Schedule Es and identified about $12,000 in capital improvements that were properly depreciated and should have been added to my basis. My accountant had totally missed these because they were spread across multiple years. It even found some closing costs from my original purchase that were part of my depreciable basis rather than one-time deductions. I ended up amending my return and getting back over $3k!

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If you're still dealing with this, I know exactly how frustrating it is to get contradicting information. After weeks of getting nowhere with my CPA about a similar issue, I finally got through to an actual IRS agent using https://claimyr.com and got a definitive answer. I was so sick of waiting on hold forever with the IRS only to get disconnected. Claimyr basically waits on hold with the IRS for you and calls you when an agent comes on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent explained that I needed to adjust my basis by the amount of depreciation I had claimed (or was allowed to claim), which was different from what my CPA was telling me. Turns out my CPA was confusing regular repair deductions with the treatment of capital improvements. Getting that official clarification saved me from making a costly mistake.

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How long did it take for them to get an IRS rep on the line? I've been trying to reach someone about my rental property basis issues for weeks with no luck.

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Isn't this just paying for something you can do yourself for free? Why would anyone pay for this when you can just call the IRS directly? Seems like a waste of money to me.

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It took about 2.5 hours, but I didn't have to stay on the phone during that time. They notified me when the IRS agent was on the line so I could take the call. Given that I had previously spent over 4 hours on multiple attempts and never reached anyone, this was a huge time-saver. It's technically something you can do yourself for free, but the reality is most people can't spare hours waiting on hold during the workday. I tried the DIY approach multiple times and kept getting disconnected after long waits. The service basically gave me back hours of productive time and actually got me through to someone who could help.

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I have to eat my words and admit I was totally wrong about Claimyr. After getting frustrated with my own attempts to reach the IRS about my rental property basis questions, I broke down and tried the service. Not only did they get me connected to an IRS tax specialist within about 3 hours (while I was able to keep working), but the agent I spoke with gave me the exact guidance I needed. She confirmed that capital improvements that were properly depreciated DO get added to basis, but with an adjustment for the depreciation already taken. The explanation completely cleared up my confusion about what my accountant was telling me versus what I had read online. I was able to properly calculate my basis and correctly report my capital gain. Saved me from potentially making a big mistake on my return and possibly facing penalties later.

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It sounds like your CPA is partially right but maybe oversimplifying. Here's how it actually works with rental properties: 1. Your original purchase price plus certain closing costs form your initial cost basis 2. Capital improvements (new roof, HVAC, additions) increase your basis 3. BUT you have to reduce your basis by the amount of depreciation you've claimed over the years The IRS calls this your "adjusted basis" - your original basis plus improvements minus depreciation deductions. So your CPA is wrong if they're saying you can't add ANY improvements to basis - you definitely can. But they're right that you can't add regular maintenance expenses that were fully deducted. Publication 527 explains this in detail. Look at the "Adjusted Basis" section.

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This makes so much more sense! So I need to differentiate between the improvements that were depreciated over time versus regular repairs that were fully deducted each year. And then I need to subtract the depreciation I've claimed from my adjusted basis. Is there any way to fix this if I've been incorrectly deducting capital improvements as regular expenses all along? My previous tax preparer never explained the difference clearly.

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Yes, that's exactly right! You've got the concept now. The IRS distinguishes between "capital improvements" which add to your basis (but get depreciated) and "repairs" which maintain the property and get deducted immediately. If you've been incorrectly deducting capital improvements as regular expenses, you might need to file amended returns (Form 1040X) for the open years (typically the last three tax years). However, this is a complicated area and you'd want to discuss with your current CPA whether it's worth amending or just moving forward correctly. One approach some taxpayers take is to properly classify everything for the sale calculation, even if past returns weren't perfect. The IRS is more likely to question discrepancies if they reduce your tax liability, not if they resulted in you overpaying previously.

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I'm actually a landlord with multiple properties and just want to add one more thing that hasn't been mentioned yet: depreciation recapture! Even after you figure out your correct adjusted basis, when you sell a rental property, you'll have to "recapture" the depreciation you claimed over the years at a 25% tax rate (which is often higher than the long-term capital gains rate). So make sure you're planning for that tax hit too. It catches a lot of first-time rental property sellers by surprise.

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Quick question - does depreciation recapture apply even if you sell the property at a loss compared to your original purchase price?

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Your accountant is being overly cautious here. The key distinction is between capital improvements (which get depreciated and added to basis) versus regular repairs/maintenance (which are fully deducted and don't affect basis). For your $23,000 in improvements - items like a new roof, water heater, and flooring are typically capital improvements that should have been depreciated over time, not fully deducted in one year. These DO increase your cost basis, but you need to reduce your basis by any depreciation you've already claimed. The confusion often comes from incorrect tax treatment in prior years. Many taxpayers (and some preparers) mistakenly deduct capital improvements as current expenses instead of depreciating them. If this happened, you might need to determine what should have been depreciated versus what was correctly expensed. I'd recommend getting a second opinion or asking your accountant to specifically explain which of your $23,000 in improvements they believe were correctly treated as immediate deductions versus which should have been capitalized. The IRS Publication 527 has detailed guidance on this distinction for rental properties. Don't let them dismiss legitimate basis increases - this could cost you thousands in unnecessary capital gains tax.

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This is really helpful advice! I'm dealing with a similar situation where I think my previous tax preparer may have incorrectly treated some capital improvements as immediate expenses. When you mention getting a second opinion, would you recommend going to another CPA or is there a way to get clarification directly from the IRS? I'm worried about the cost of hiring another professional when I'm already facing a potentially large tax bill from the property sale.

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