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Reina Salazar

What to do with expenses on vacant Rental Property that hasn't sold in 4 months - tax treatment question

I've been searching everywhere for an answer to this and can't find anything clear. Hoping someone here can help! I have a rental property that I've owned since 2019 as an investment property. I decided to sell it and listed it in July, but the market has been super slow and it's been sitting vacant for about 4 months now. No takers yet. For the first 8 months of 2025, I collected rent as usual. After depreciation, the property was actually showing a loss (as it has every year since I bought it). I've been carrying over passive losses each year and they'll probably offset most of the depreciation recapture when I finally sell, hopefully by spring 2026. Meanwhile, I'm still paying all the usual expenses - property tax, insurance, utilities, HOA fees, sewer, trash collection, etc. My question is: When does the "business" of this rental property officially end for tax purposes? When I list it for sale or when it actually sells? Option 1: Keep treating it as a rental on Schedule E, continuing to depreciate and deduct expenses until it sells, even though there's no rental income coming in for these months. Then deal with depreciation recapture and capital gains when it sells. Option 2: Consider the rental business "ended" in 2025 when I listed it, and treat the last few months of expenses as part of my selling costs or basis in the property. I'm leaning toward Option 1 since it seems cleaner, but then I'd have a 2026 Schedule E with expenses but zero rental income, which seems odd. Any thoughts?

You're definitely not alone in this situation! The good news is, your rental property business doesn't end until you actually sell the property, not when you list it for sale. Since your property was previously rented and generated income, it's still considered a rental property even during vacancy periods. The IRS understands that rental properties can have periods without tenants. As long as you're actively trying to sell it (rather than abandoning it), you can continue to treat it as a rental property until the sale closes. You should continue to depreciate the property and deduct ordinary and necessary expenses on Schedule E until the sale. Yes, you'll have a period with expenses but no income, but that's completely normal and acceptable. Many landlords have periods of vacancy. When you do sell the property, that's when you'll deal with depreciation recapture and capital gains tax. The expenses you're paying now (taxes, insurance, HOA, etc.) are still rental expenses, not selling expenses, until the property actually changes hands.

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Demi Lagos

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What if OP decided to just keep it vacant for a few months to do renovations before putting it back on the rental market? Would that still count as a continuous rental business even with no income during that period? Also, does it matter that they're trying to sell rather than rent it now - does that change the "intent" for tax purposes?

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Yes, renovating a property between tenants would still count as a continuous rental business, even with no income during that period. The key is that the property remains part of your rental activity, and the expenses are ordinary and necessary for that activity. The IRS recognizes that rental properties naturally have periods without income during tenant transitions or renovations. As for the second question, simply listing a property for sale doesn't immediately change its tax classification. Since it was established as a rental property, it remains a rental property for tax purposes until sold. The expenses continue to be deductible on Schedule E even while it's listed for sale. Your "intent" only matters at the point of actual purchase or sale - what matters now is its established use as a rental.

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Mason Lopez

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After struggling with a similar issue last year, I discovered taxr.ai (https://taxr.ai) and it literally saved me thousands. I had a rental that sat empty for 6 months while trying to sell it, and I was so confused about how to handle all the expenses. I uploaded my previous Schedule E forms and some documents about my current situation, and their system analyzed everything and provided a detailed breakdown of exactly how to handle each expense. They confirmed that I should continue treating it as a rental property on Schedule E until the sale completed. What I really appreciated was that they explained exactly how to document everything properly to avoid any potential audit concerns. They even provided template notes to include with my tax filing to explain the vacancy period.

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Does taxr.ai actually connect you with real tax professionals, or is it just some algorithm giving generic advice? I've tried so many "tax help" services that just spit out general information I could find anywhere.

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Jake Sinclair

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Sounds interesting but I'm wondering if they can handle more complex situations? Like what if you converted a primary residence to a rental and then back again before selling? Or handle passive activity loss limitations for high-income earners? These rental property tax situations get complicated fast.

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Mason Lopez

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It's not just an algorithm - they have tax professionals who review complex situations. You get personalized analysis based on your specific documents and situation, not generic advice. What impressed me was how they caught some rental expense categorizations I had wrong for years that no one else noticed. The system handles complex situations very well. I've seen people use it for exactly what you described - property conversions between primary and rental, and dealing with passive loss limitations. You upload the relevant documents, and they analyze everything including your specific income situation to determine how rules apply to you specifically.

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I was super skeptical about taxr.ai when I first heard about it here, but decided to try it for my complicated rental property situation last month. I had a vacation property that was both personal use and rental, then vacant while selling. I was amazed at how detailed their analysis was! They identified that I could still claim pro-rated expenses during the vacant selling period based on my specific situation. They even provided documentation explaining why my Schedule E showing expenses without income during that period was completely legitimate. What really impressed me was how they found a mistake in how my previous accountant had been calculating depreciation. The correction saved me about $1,800! The whole process was way easier than the hours I spent trying to research this myself.

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Mary Bates

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I'm a long-time rental property owner and have been through this exact situation twice. Here's what I've learned: 1) The property remains a rental until the day it sells. Period. 2) You continue depreciating it and expensing all costs on Schedule E. 3) Having no income for part of the year is completely normal. But here's something nobody mentioned yet - keep detailed records of your efforts to sell. Save all listings, communications with realtors, showing appointments, etc. If audited, this proves you were actively trying to sell rather than just claiming expenses on an abandoned property. Also, don't forget that selling costs (realtor fees, closing costs, etc.) are added to your basis when calculating capital gains, but regular operating expenses during the selling period still go on Schedule E.

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What about mortgage interest during this vacant selling period? Does that still go on Schedule E or does it somehow get included in the basis for calculating capital gains? I'm in the same situation as OP and getting conflicting advice.

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Mary Bates

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Mortgage interest during the vacant selling period still goes on Schedule E as a rental expense, just like it did when the property was occupied. It doesn't get added to your basis for capital gains calculations. The key distinction is between regular operating expenses (property taxes, insurance, utilities, mortgage interest, HOA fees, etc.) which continue to go on Schedule E even during vacancy, versus actual selling expenses (realtor commissions, legal fees, transfer taxes, etc.) which affect your basis when calculating capital gains when you sell.

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Ayla Kumar

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Don't overthink this. The property is still a rental until you sell it. Expenses still go on Sch E. If you get audited, the IRS isnt gonna care that it was vacant while u were trying to sell it. Happens all the time.

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Not sure this is universal advice. My cousin got audited specifically because he had a schedule E with only expenses and no income for almost a year. Ended up being ok because he could prove he was trying to rent it, but the IRS definitely does look at properties with expenses and no income.

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Ryan Vasquez

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I went through this exact situation two years ago with a duplex that sat vacant for 5 months while trying to sell. What really helped me was creating a clear paper trail showing my intent to sell rather than abandon the property. I kept copies of all MLS listings, price reduction notices, showing feedback, and even rejection letters from potential buyers. When I filed my Schedule E with expenses but no rental income for those months, I included a brief statement explaining the vacancy was due to active marketing for sale. The IRS never questioned it, but having that documentation gave me peace of mind. Also, make sure you're only deducting expenses that you would have paid anyway as a rental property owner - don't try to deduct any costs specifically related to marketing the property for sale, as those should be treated as selling expenses when you calculate capital gains. One tip: if you're doing any repairs or improvements to help with the sale, be careful how you categorize those. Minor repairs to maintain the property can still go on Schedule E, but major improvements to increase sale value should be added to your basis.

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Ravi Malhotra

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This is really helpful advice about documentation! I'm curious though - when you say "minor repairs to maintain the property can still go on Schedule E" versus "major improvements to increase sale value should be added to your basis" - where do you draw that line? For example, if I replace old carpet with new carpet to help with showings, is that maintenance or an improvement? What about repainting rooms that were already painted but looked worn?

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