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Pesonal res into rental


fredazcpa

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Tax payer bought home for $252,000 in 2006,  then turn into rental in 2009, FMV at that time was 136,000  Depreciation was based on that number.

fast forward to 2015, sells the rental for $191,000, with the improvements, etc the loss works out to $50,000.

Is this a long term Capital loss?, or does the loss remain a personal loss like you would have if you sold your personal res.

 

thank you in advance for your help

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Once it TRULY became rental property it loses all 'personal residence' characteristics, both pro and con.  So if sold at a profit, you know that the gain exclusion would not apply.  Same thing for a loss.  So yes, it's a LTCL.   Now, if they 'converted' it three months before the sale, no doubt the IRS would argue, rightly, that this was a ploy to convert a personal loss to a deductible one.  But not when it was a rental for 7 years !

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