Landlord Question: Does a Towing Fee Count as Safe Harbor Expense for Rental Property?
So I've got this rental property and I just had a situation with a car that needed to be towed from the driveway. My tenant and I split the towing fee which came to $340 total (I paid $170). I'm trying to figure out if this would count as a safe harbor expense for tax purposes? The car wasn't either of ours - some random person had parked there and abandoned it! We had to get it removed because it was blocking access to the garbage bins and my tenant couldn't get their recycling out. The towing company charged us because they said they couldn't locate the owner to bill them directly. This is my first year as a landlord and I'm still learning all the tax rules. Does anyone know if this kind of expense qualifies under the safe harbor provision? I want to make sure I'm categorizing everything correctly for when I file.
18 comments


CaptainAwesome
This is an interesting situation! Safe Harbor expenses for rental properties typically refer to the de minimis safe harbor election (allows you to deduct small-cost items rather than capitalize them) and the safe harbor for small taxpayers for repairs/improvements. In your case, the towing fee would most likely be classified as an "ordinary and necessary business expense" related to your rental property management. Since it was necessary to maintain proper access to the property, it should be deductible as a regular rental expense on Schedule E - I'd categorize it under "other expenses" and just label it as "towing service" or something similar. The de minimis safe harbor is more for property items under a certain dollar threshold (typically $2,500 for most taxpayers), not services like towing. So while this is absolutely deductible, it's not specifically under the "safe harbor" provisions - it's just a standard operating expense for your rental business.
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Yuki Tanaka
•What if the car belonged to the tenant or one of their guests though? Would that change how it's categorized? And if the landlord splits costs with the tenant like this, do they only deduct their portion or the full amount?
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CaptainAwesome
•If the car belonged to the tenant or their guest, it could potentially change things. In that case, it might be considered more of a tenant responsibility rather than a necessary business expense - though if it was impacting property access, you could still justify it as a necessary expense to maintain property functionality. For split costs with a tenant, you would only deduct the portion you actually paid ($170 in this case). The general rule is you can only deduct expenses you actually incurred. If you charged the tenant through increased rent or as a separate fee later, that would be considered income, and your deduction would be the full amount you paid.
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Esmeralda Gómez
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LilMama23
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Gabrielle Dubois
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Tyrone Johnson
One thing to consider - if the car wasn't yours or your tenant's, did you contact the police before having it towed? In some jurisdictions, there are specific legal procedures for removing abandoned vehicles, even from private property. This could potentially affect whether the expense is considered "ordinary and necessary" for tax purposes.
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Amara Okafor
•Yes, we did call the police first! They came out and documented it, put one of those orange stickers on it, and told us we needed to wait 72 hours before having it towed. We followed all the proper channels. The police report actually said the car was reported stolen in another county, but for some reason the towing company still charged us because they said the owner didn't come claim it and they had storage fees.
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Tyrone Johnson
•That's good to hear! Since you followed the proper legal procedures, the expense would definitely qualify as an ordinary and necessary business expense for your rental activity. When you list it on your Schedule E, I recommend noting that proper procedures were followed and that it was necessary to maintain access to the property. While you probably won't need to provide that detail unless audited, it's good documentation to have.
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Ingrid Larsson
I'm confused about safe harbor in general. Does it mean I don't have to keep receipts for small purchases for my rental? I've been saving every little Home Depot receipt even for $5 items and it's driving me crazy.
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CaptainAwesome
•The de minimis safe harbor election does simplify recordkeeping, but you still need to keep receipts! What it really does is allow you to immediately deduct small-cost items (generally under $2,500 per item or invoice) rather than having to capitalize and depreciate them. For example, if you buy a $200 microwave for your rental unit, you can deduct it immediately rather than depreciating it over several years. But you absolutely should keep those receipts - they're your proof if audited. The safe harbor is about how you treat the expenses, not whether you need documentation.
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