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Evelyn Martinez

How to file Form 3115 for missed rental property depreciation since 2018?

So I just realized I completely messed up and haven't been depreciating our rental property since we bought it in 2018. After going down a tax research rabbit hole, it looks like I need to file Form 3115 to correct this mistake. I'm getting really anxious because it's already pretty late in the tax season. What I'm wondering is - is there a deadline for filing Form 3115? I don't think I can find a CPA this late in the game to help me with this (though I'll definitely try calling around). Could I just file my regular tax return as usual for now and then deal with the Form 3115 later this year? Or will that cause even more problems? I really don't want to get in trouble with the IRS, but I also don't want to miss the filing deadline for this year's taxes while I'm trying to sort this depreciation mess out. Any advice would be super appreciated! I'm kicking myself for missing this for so many years.

You've got a few options here. Form 3115 (Application for Change in Accounting Method) is used to correct this type of mistake, and it's actually a good thing you're catching it now rather than later. The good news is you can still file your regular tax return on time and then submit Form 3115 with your next tax return. The IRS allows for what's called a "late partial disposition election" which is basically catching up on missed depreciation. For this tax season, I'd recommend you start taking the proper depreciation on your 2023 return. Then for your 2024 return next year, you can file Form 3115 to claim the missed depreciation from previous years (2018-2022) all at once as a "catch-up" deduction. Form 3115 is pretty complex though - it has multiple sections and requires detailed information about your property. You'll need to calculate all the depreciation you should have taken since 2018.

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Thanks so much for the helpful info! Just to make sure I understand - I can file my 2023 taxes normally before April 15th and include the proper depreciation just for 2023, and then worry about the Form 3115 for next year's taxes? That would be such a relief. One more question - when I file next year with Form 3115, will I get back all the extra tax I paid from 2018-2022 because I wasn't taking the depreciation deduction?

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Yes, you've got it right! File your 2023 return normally by April 15th, but make sure you include the proper depreciation for 2023. This starts you on the correct path going forward. When you file Form 3115 with your 2024 return next year, you'll get what's called a "Section 481(a) adjustment" which is basically a catch-up deduction for all those missed years (2018-2022). This will appear as a single large deduction on your 2024 return rather than amending all your old returns. So you'll recover the tax benefit you should have received, just all at once on next year's return instead of spread across the previous years.

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Maya Lewis

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After going through a similar nightmare with my duplex, I found taxr.ai at https://taxr.ai and it was honestly a game-changer for my rental property tax issues. I was freaking out about missed depreciation for three years and their system analyzed my previous returns and property details. The AI actually guided me through the Form 3115 process step by step and explained exactly what I needed to fix and how. What was most helpful was that it automatically calculated all the depreciation I should have taken and showed me exactly what to put on each line of the form. I didn't have to wait for a CPA appointment and it ended up saving me over $7,000 in taxes once everything was corrected.

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Isaac Wright

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I'm interested but skeptical. How did it work with your actual tax filing? Did you still need a tax preparer to submit everything, or did the software help you file the forms directly?

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Lucy Taylor

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Did it help you figure out the depreciation starting point? I have a similar situation but I'm not even sure what value to use - purchase price or something else? My property has been rented since 2019 and I've never taken depreciation.

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Maya Lewis

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I actually used the reports from taxr.ai to file myself using my regular tax software. It gave me exact numbers for each line on Form 3115 and explanations I could reference. The system walks you through taking the correct basis for depreciation (usually the lower of purchase price or fair market value when converted to rental, minus land value) and calculates everything year by year. For determining the starting basis, it asked for my purchase documents and HUD-1 statement, then helped separate the land value from the building value. It even showed me how to document everything properly in case of an audit. Honestly, it was much clearer than what my previous accountant tried to explain.

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Isaac Wright

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Just wanted to follow up that I finally tried taxr.ai after being skeptical at first. My situation was similar - missed depreciation on a beach rental property for 4 years. What impressed me was how it walked me through exactly what supporting documentation I needed to gather (which I had been stressing about). The depreciation calculations were super detailed - it even helped me separate out the value of land vs. building based on county property records, which apparently is required but no one told me before! Generated all the right forms with instructions on where to file them. Saved me from having to pay rush fees to a CPA during the busy season.

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Connor Murphy

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When I was dealing with Form 3115 for my missed rental depreciation, I spent WEEKS trying to reach the IRS for clarification on some questions. Endless busy signals and hold times. Finally found Claimyr at https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in about 20 minutes when I'd been trying for days. The agent was able to answer my specific questions about the 481(a) adjustment calculations and confirmed I was on the right track. She even explained which specific lines on Form 3115 were most important for my situation. Would have been completely lost without that conversation.

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KhalilStar

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How does this service actually work? I'm confused how a third party can get you through to the IRS faster than calling directly.

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Yeah right, nobody gets through to the IRS that quickly. I've literally spent hours on hold only to get disconnected. Are you sure this isn't just another scam trying to get desperate people's money?

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Connor Murphy

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The way it works is they use technology to navigate the IRS phone system and wait on hold for you. Once they get an agent on the line, they call you and connect you directly to that agent. It's basically like having someone else wait on hold instead of you. Totally get the skepticism - I felt the same way! But I was desperate after trying for days. What happened was I got a text when they reached an agent, then got connected immediately. The IRS person I spoke with was definitely a real agent who answered all my specific questions about Form 3115. I think they just have systems that can dial and navigate the phone menus more efficiently than a person sitting on hold.

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OK I have to eat my words here. After my skeptical comment I decided to try Claimyr as a last resort because I was getting nowhere with the IRS myself. I needed specific guidance on a Section 481(a) adjustment for my vacation rental property that I hadn't depreciated for 5 years. Got connected to an agent in about 25 minutes when I'd been trying unsuccessfully for over a week. The agent pulled up my file and walked me through exactly how to complete Form 3115 for my situation. She confirmed I could file my regular return now and submit the 3115 with next year's return with the catch-up adjustment. Honestly shocked that it actually worked. Saved me from paying a CPA emergency rates this close to the deadline.

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Kaiya Rivera

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One thing nobody's mentioned yet - make sure you use the RIGHT depreciation method when you start correcting this. For residential rental property placed in service after 1986, you should be using 27.5 year straight-line depreciation (MACRS). If your property was put in service in 2018, that means your annual depreciation percentage is about 3.636% of the building's value (not including land!). Don't make the mistake of depreciating the land - that's a common error the IRS will flag.

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Thanks for bringing this up! I was actually confused about that point - do I need to somehow determine what portion of my purchase price was for the land vs the building? The property cost $325,000 when we bought it in 2018 but I have no idea how to separate those values.

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Kaiya Rivera

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Yes, you absolutely need to separate the land value from the building value because land cannot be depreciated. There are a few ways to do this: Your property tax assessment should break down land vs. improvements (building) value. You can use this ratio and apply it to your purchase price. For example, if your tax assessment shows land is 20% of total value, then 20% of your $325,000 purchase price ($65,000) would be allocated to land, and the remaining $260,000 would be what you depreciate over 27.5 years. Another option is to check your closing documents or appraisal from when you purchased the property, as these sometimes include a land/building breakdown. Some people also use online resources like Zillow's estimated land value, though that's less official for IRS purposes.

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Just went through this exact situation! My understanding is there are actually two ways to fix missed depreciation: 1. Form 3115 method (what everyone's discussing) 2. Filing amended returns for each year you missed (Form 1040-X) For me, the 3115 method was WAY easier because I didn't have to redo multiple years of tax returns. Plus I got all the missed depreciation at once on my next return.

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Noah Irving

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Is there any advantage to filing amended returns instead? Like does one method get you more money back or is one safer from audit perspective?

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Vanessa Chang

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If anyones using TurboTax, under rental property theres actually a checkbox for "I need to change my depreciation method" and it will create the basic Form 3115 for you. It doesnt do all the calculations but its a starting point at least.

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Omg this is super helpful! I am using TurboTax and had no idea this option existed. Will this work for my situation where I've never taken depreciation at all (vs changing an existing depreciation method)?

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Avery Davis

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I went through this exact same panic last year! One thing that really helped me was understanding that the IRS actually expects people to catch these mistakes and has procedures in place for it. You're not going to get in trouble for proactively fixing this - it's actually the responsible thing to do. A few practical tips from my experience: - Start gathering all your rental property documents now (purchase agreement, closing statement, receipts for improvements, etc.) while you're thinking about it - Keep detailed records of everything you do to fix this - the IRS likes documentation - Consider setting up a simple spreadsheet to track your depreciation going forward so this doesn't happen again The stress you're feeling is totally normal, but you're catching this relatively early compared to some people who don't realize for decades. You've got good options here and plenty of people have been in your shoes!

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Andre Laurent

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This is such reassuring advice! I've been beating myself up about this mistake for weeks now. It's really helpful to hear that the IRS actually has systems in place for these situations and that I'm not the first person to miss this. Your suggestion about the spreadsheet is great - I definitely don't want to go through this stress again! Do you remember roughly how long the whole process took once you submitted your Form 3115? I'm curious about timing for when I might see the tax benefit from all those missed years. Also, did you end up needing any professional help, or were you able to handle it yourself with the resources people have mentioned here?

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Philip Cowan

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Just wanted to add another perspective here - I'm a tax preparer and see this situation ALL the time, especially with newer rental property owners. You're definitely not alone in this mistake! One thing I always tell my clients is that the IRS would much rather see you proactively fix this with Form 3115 than discover it during an audit years later. The fact that you're addressing it shows good faith. A few additional points that might help: - Make sure you have your property insurance declarations page handy - it sometimes lists the dwelling value separately from land, which can help with the depreciation basis calculation - If you've made any major improvements to the property since 2018 (new roof, HVAC, flooring, etc.), those might qualify for different depreciation schedules, so keep those receipts separate - Consider this a learning opportunity - once you get through this, you'll actually understand rental property taxes better than most landlords! The stress will pass once you get everything sorted out. Focus on filing your 2023 return on time with proper depreciation going forward, then tackle the Form 3115 for next year. You've got this!

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Thanks Philip! This is incredibly helpful coming from a professional perspective. I really appreciate you taking the time to reassure those of us who are stressed about this situation. Your point about the insurance declarations page is brilliant - I never would have thought to look there for help with the land/building value split. That could save me a lot of guesswork since I've been struggling to figure out how to separate those values from my original purchase. One quick question - when you mention major improvements qualifying for different depreciation schedules, are you talking about things that might depreciate faster than the 27.5 years? I did replace the HVAC system in 2020 and put in new flooring throughout in 2021, so I definitely have those receipts. Should those be handled separately on the Form 3115 or just included in the overall building depreciation? Also, do you typically recommend your clients handle the Form 3115 themselves or seek professional help? I'm trying to decide if I should attempt this on my own or bite the bullet and pay for professional assistance.

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Danielle Mays

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@fea4b2ce307f Yes, exactly! Those improvements you mentioned would qualify for accelerated depreciation schedules. HVAC systems typically depreciate over 5-7 years, and some flooring can be depreciated over 5-7 years as well (depending on the type). This is actually great news for you because you'll get much larger deductions in the earlier years compared to the 27.5-year building depreciation. For the Form 3115, you'll want to handle these as separate assets with their own depreciation schedules rather than lumping them into the building. The form has sections for multiple asset changes, so you'll be reporting the missed building depreciation AND the missed accelerated depreciation on these improvements. Regarding doing it yourself vs. professional help - Form 3115 can be tricky, especially when you have multiple asset categories like you do. Given that you have significant improvements that qualify for accelerated depreciation, the potential tax savings could be substantial. I'd honestly recommend getting professional help for this one, especially since the calculation errors on accelerated vs. straight-line depreciation can be complex. The cost of a professional will likely pay for itself in tax savings and peace of mind. You could also try some of the AI tax tools others mentioned to see if they can handle the multiple asset categories properly, but I'd double-check their work given the complexity of your situation.

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This thread has been incredibly helpful - thank you all for sharing your experiences! I'm in a very similar situation with a duplex I bought in 2019, and I've been losing sleep over this for weeks. One thing I'm still confused about after reading everything: if I file my 2023 return with proper depreciation for just 2023, won't that create inconsistency with my previous returns where I took no depreciation? Will the IRS flag this sudden change? Also, for those who used the AI tools or got through to the IRS - did you need to provide any specific documentation to prove your property's basis for depreciation? I have my HUD-1 but I'm worried it might not be detailed enough for their requirements. The reassurance from the tax preparer really helped calm my nerves. It's good to know this is common and there are established procedures. I think I'm leaning toward getting professional help for the Form 3115 given the complexity, but I want to at least understand the basics before I meet with someone.

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@6450640afbb0 Great questions! Regarding the consistency issue - the IRS actually expects this kind of change when you're correcting a mistake. Starting proper depreciation on your 2023 return while having taken none previously won't trigger a flag by itself. The key is that you'll be documenting the correction with Form 3115 next year, which explains the entire situation to the IRS. Your HUD-1 statement should be perfect for establishing your property's basis - that's exactly the kind of documentation the IRS wants to see. It shows your actual purchase price and closing costs, which form the foundation for your depreciable basis. You might also want to keep your property deed and any inspection or appraisal reports from the purchase, but the HUD-1 is the primary document they'll look for. I'm also dealing with a rental property situation (though mine was missed maintenance vs depreciation), and what helped me was creating a simple timeline document showing: purchase date, purchase price from HUD-1, any improvements made, and what depreciation should have been taken each year. Having everything organized like that made conversations with professionals much more productive. You're definitely on the right track thinking about professional help for the Form 3115. Even just understanding the basics first (like you're doing here) will help you ask better questions and make sure you get good value from whatever professional you choose.

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Kaylee Cook

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I'm dealing with this exact same situation right now and honestly, this thread has been a lifesaver! I bought a rental property in late 2018 and just realized I've been missing out on depreciation deductions for 5+ years. The panic is real when you discover a mistake like this so close to tax season. What's really helped me is breaking this down into manageable steps based on everyone's advice here: 1. File my 2023 return on time with proper depreciation starting this year 2. Gather all my documentation (HUD-1, property tax assessments, improvement receipts) 3. Work on Form 3115 for next year's filing to catch up on 2018-2022 I've been using my county's property tax records online to help split the land vs building value - they actually have pretty detailed breakdowns that I never knew existed. For my $280k purchase, they show about 25% land value, so I'll be depreciating roughly $210k over 27.5 years. The relief knowing this is fixable and that the IRS has procedures for exactly this situation has really helped with the anxiety. Plus seeing how many people have successfully navigated this gives me confidence I can too. Thanks everyone for sharing your experiences - it's amazing how much collective knowledge is in this thread!

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Ethan Brown

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@001d91057593 Your step-by-step approach is exactly what I needed to see! Breaking it down like that makes this whole situation feel so much more manageable instead of this overwhelming mess I thought it was. I'm really glad you mentioned using the county property tax records online - I had no idea those detailed breakdowns existed either. I just looked up my property and you're right, they show the land vs improvement values clearly. That's going to save me a lot of guesswork and stress about getting the depreciation basis right. Your purchase price and situation sound very similar to mine, so it's really reassuring to see someone else working through the same process. The fact that you're feeling more confident about tackling this gives me hope that I can handle it too. One thing that's still making me a bit nervous - when you file your 2023 return with depreciation for the first time, are you planning to include any kind of note or explanation about the change? Or just file normally and let the Form 3115 next year handle all the explaining? Thanks for sharing your approach - it's exactly the kind of practical roadmap I was looking for!

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Diego Chavez

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I've been through this exact situation and want to share what worked for me! I missed depreciation on my rental condo for 4 years (2019-2022) and was absolutely panicking when I discovered it in March last year. Here's what I learned that might help ease your anxiety: **Timing**: You absolutely CAN file your regular 2023 tax return on time with proper depreciation for just 2023. The IRS won't flag this as suspicious - they actually expect corrections like this. Then handle Form 3115 with your 2024 return next year. **Documentation**: Your HUD-1 closing statement is gold for establishing your depreciation basis. I also used my county assessor's website to get the land/building value split - most counties have this info online and it's IRS-accepted documentation. **Form 3115 Reality Check**: It's definitely complex, but not impossible. The key sections you'll need are Parts I, II, and IV. Part IV is where you calculate your Section 481(a) adjustment (the catch-up for missed years). **Professional Help Decision**: I ended up doing it myself using tax software, but I spent probably 15-20 hours researching and double-checking everything. If you have major improvements or a complex situation, professional help might be worth it for peace of mind. The relief when I finally got that massive catch-up deduction on my 2023 return was incredible - it was like getting a tax refund for all those years I overpaid! You're going to be fine, and you're actually handling this responsibly by addressing it proactively.

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Ally Tailer

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@6bd0aac941de Thank you so much for sharing your experience! This is incredibly reassuring to hear from someone who actually went through the entire process successfully. The fact that you got that massive catch-up deduction must have been such a relief after all that stress. I'm really curious about the 15-20 hours you spent researching - what were the main resources you used besides this community? I want to make sure I'm prepared if I decide to tackle this myself rather than hiring a professional. Also, when you mention the Section 481(a) adjustment in Part IV - was that calculation straightforward once you had all your numbers, or was that the most complex part of the form? I've been trying to understand how exactly that catch-up deduction gets calculated and applied. One more question - you mentioned using tax software to complete Form 3115. Was this just regular tax prep software like TurboTax, or did you need something more specialized? I'm trying to figure out what tools I'll need to have ready when I tackle this next year. Your success story gives me a lot of confidence that this is manageable. The idea of getting back all those years of missed deductions in one big adjustment sounds like it'll make all this stress worth it!

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