by BLACK ENTERPRISE Editors
According to the IRS, the “tax gap” in the United States is $696 billion. That’s the difference between Americans’ actual tax liability and the income taxes they end up paying.
If you’re a new real estate investor, you might ask yourself, “Will the IRS know about my rental income?” The answer is simple: Yes, the IRS will know if you have rental income. And if you try to avoid reporting it, you could face financial and criminal penalties.
According to the IRS, the “tax gap” in the United States is $696 billion. That’s the difference between Americans’ actual tax liability and the income taxes they end up paying.
Due to this significant loss in tax revenue, the U.S. government is taking additional steps to ensure everyone pays their fair share.
So, how does the IRS know you have rental income? TurboTenant breaks it down to help you understand how to report your rental income properly on your tax return.
What does the IRS consider rental income?
The IRS has published a helpful fact sheet for real estate investors to clarify what counts as rental income. Here’s what they include:
Normal rent payments: These are the regular monthly rent payments you receive from your tenants. They also include late fees and any prorated rent if a tenant moves in during the middle of the month.
Advanced rent payments: When a new tenant moves in, you might collect the first and last month’s rent upfront. Doing so is considered collecting advanced rent, and the entire amount is taxable in the year it’s received.
Payments for canceling a lease: If you receive a payment because a tenant canceled a lease, you must report that amount to the IRS as rental income.
Expenses paid by the tenant: Noncash compensation—such as a tenant providing services, such as mowing the lawn or painting, in exchange for reduced or waived rent—counts as rental income. Even if no cash changes hands, you must report the fair value of the services as income.
Tenants usually pay a security deposit when they move into a property, and landlords don’t typically count it as income because they plan to return it at the end of the lease. However, if they use any part of the deposit to cover expenses or unpaid rent, that amount becomes rental income immediately.
How does the IRS find out about my rental income?
If you don’t report rental income to the IRS, how might they find out? It could happen through a random tax audit, a tip from someone who knows you’re hiding income, or IRS tools designed to detect tax evasion.
IRS Automated Underreporter Program
The IRS created the Automated Underreporter (AUR) to spot irregularities in tax returns. It compares what taxpayers report with what banks and other financial institutions submit. Even if you leave income off your return, the IRS can use third-party sources to uncover it.
Routine Tax Audit
It’s also worth noting that the IRS focuses more on higher earners, meaning the more you make, the higher your chances of being audited.
According to TurboTax, here are some red flags to avoid if you want to avoid a tax audit:
Failing to report income
Taking the home office deduction
Reporting business losses
Reporting unusually large business deductions
Making a lot of money or very little
Making errors on your tax return
IRS Whistleblower Office
Paperwork and Public Records
Owning an investment property involves a lot of public records and paperwork, and the IRS has access to it all. These documents can reveal unreported income and trigger an audit.
Form 1098: Each year, you’ll receive a Form 1098 showing how much mortgage interest you paid on the property. If you don’t report this interest on your tax return, it could raise a red flag and trigger an audit.
Licensing: As with sales tax, some cities and states require property investors to pay rental income tax, and in some cases, obtain a license first. If the IRS sees that you hold this license, they’ll expect you to report rental income each year.
Property tax records: The IRS can cross-check property tax records to see who owns rental property and whether they’re paying taxes on that income.
How is rental income taxed?
The IRS taxes rental income the same way it taxes other earned income. Your tax rate depends on which tax bracket you fall into. Below is a table to help you determine your bracket.
TurboTenant
How do I report rental income to the IRS?
Reporting rental income to the IRS isn’t difficult, but it requires accurate bookkeeping and the proper forms. Here’s a basic walkthrough of how to report rental income to the IRS:
1. Gather Documents and Update Your Bookkeeping
Before you file your tax return, ensure all your records are accurate. Doing so includes calculating your rental income and expenses from the past year. You’ll also need to understand the property’s cost basis, since that’s what you’ll use to calculate annual depreciation.
Using TurboTenant’s integrated accounting tool can help you keep your bookkeeping accurate and reduce stress during tax season.
2. Fill Out Schedule E
As a real estate investor, you’ll need to fill out a Schedule E form, which includes details about the property, such as the address, property type, and total rental days for the year.
Remember that most investors report income and expenses using the “cash basis” method, meaning they report income the year they receive it and expenses when they pay them.
3. Fill Out Form 4562
When you claim the depreciation deduction on a rental property, you must also fill out Form 4562, which will let you deduct a portion of the property’s cost over a 27.5-year period.
4. File All Forms
If you live in a state that collects income tax, you must also file a state return. Requirements vary depending on the state.
What happens if I don’t report rental income to the IRS?
The last thing you want to do is fail to report rental income to the IRS, even if you’ve done so unintentionally. If the IRS discovers unreported income, they can initiate a full audit of your tax return, and you could end up owing back taxes, facing penalties, and, in some cases, doing jail time.
Here’s a closer look at the penalties you could face for not reporting rental income:
Civil fraud penalties: If you knowingly owe taxes but fail to report them, the IRS considers it fraud. You could face a penalty of 75% of the amount owed.
Accuracy penalties: If an audit reveals errors on your return, the IRS can impose penalties ranging from 20% to 40%, depending on how severe the issue is.
Criminal charges: Fewer than 2% of audits result in criminal charges. But if you commit tax evasion, file a false return, fail to file, or intentionally avoid paying estimated taxes, you could face criminal prosecution and jail time.
The Bottom Line
If you have rental income, the best thing you can do is make sure you report it accurately on your tax return. Consider using a software solution to tie it all together and make reporting your income simple.
Frequently Asked Questions
Does the IRS audit landlords?
The IRS can audit landlords, but the odds are low. Still, certain factors can increase the chances of being audited, such as reporting irregular income, very high or very low income, or claiming a large amount of business expenses.
Does the IRS watch your bank account?
The IRS doesn’t have direct access to your bank account, but it can request access if it decides to move forward with an audit of your business.
What is the IRS 6-year rule?
If you make a significant error when reporting income to the IRS, they can initiate an audit up to six years after the tax year. The IRS defines a significant error as underreporting at least 25% of your gross income.
This story was produced by TurboTenant and reviewed and distributed by Stacker.
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Source: Black Enterprise
