Tax deductions on empty property
"A real estate business could offset income from occupied property with costs from vacant property held for speculation.  For speculation, you can let a building rot, then get it reassessed.  If the jurisdiction assesses part or all of the tax bill on the value of improvements, this can drop the annual tax bill significantly while you hold.  If you plan to hold for a decade or more, this can be very important.  Strategically, this also ruins the neighborhood property values, so you can assemble neighboring parcels to support future major developments.   This is a long speculation game.  Exemplars of the strategy include Richard Basciano who bought up several buildings in NYC's Times Square and installed adult theater tenants in the 70s, for payoff today; and the late Sam Rappaport who pursued a strategy of squeezing rent and simply ignoring building inspection violations in Philadelphia, assembling major urban core parcels on the cheap, and whose children are now selling into strong markets.   Legality: Adult businesses are kind of a grey market covered by specific local ordinances, neither exactly illegal or perfectly legal.  Ignoring building violations is not legal, but the penalties are fines, not jail.  It's certainly not a ""nice"" strategy.   Richard Basciano: http://www.nydailynews.com/new-york/porn-king-richard-basciano-survived-rudy-giuliani-plans-risk-article-1.319185 Sam Rappaport: http://www.bizjournals.com/philadelphia/stories/2002/08/05/focus13.html?page=all" This doesn't sound very legal to me. Real estate losses cannot generally be deducted unless you have other real estate income. So the only case when this would work is when that person has bunch of other buildings that do produce income, and he reduces that income, for tax purposes, by deducting the expenses/depreciation/taxes for the buildings that do not. However, depreciation doesn't really reduce taxes, only defers them to the sale. As mhoran_psprep said - all the rest of the expenses will be minimal. If the building has no income, it also probably has minimal expenses. The heat, water and electricity costs are nearly zero. They are letting the value depreciate, and taking it off the taxes. I also suspect the condition of the building is poor, so any effort to make the building productive would be very costly. Many cities combat this by setting the tax on empty buildings or empty lots at a much higher rate. Or they set the value of the property at a high valuation based on what it could generate. Sometimes this is only targeted at some sections of the city to encourage development. They also offer tax breaks when the owner of a house has the house as their principal residence.
This will be a complex issue and you will need to sit down with a professional to work through the issues: When the house was put up for rent the initial year tax forms should have required that the value of the house/property be calculated. This number was then used for depreciation of the house. This was made more complex based on any capital improvements. If the house wasn't the first he owned, then capital gains might have been rolled over from previous houses which adds a layer of complexity.  Any capital improvements while the house was a rental will also have to be resolved because those were also depreciated since they were placed in service. The deprecation will be recaptured and will be a part of the calculation. You have nowhere near enough info to make a calculation at this time. The argument seems to derive from the fact that state law bars cities from taxing net income. Hence the city is arguing it doesn't apply to gross income. Of course the city would also have to argue that income isn’t property. I don't think it's going to work out for them. If your deductions are higher than the standard deduction, you will be able to subtract property taxes from your income. In your example, that means that taxes are computed based on $95,000. In 2011, the standard deduction varies between $5,800 (single filer) and $11,600 (married filing jointly). Tax credits are subtracted from your tax obligation. The most common tax credit for most people is student loan interest. If you pay $500 in student loan interest, that sum is subtracted from your tax bill. The rental income is indeed taxable income, but you reduce the taxable portion of it by deducting expenses (including mortgage interest, maintenance, insurance, HOA, real estate tax, and of course depreciation). Due to the depreciation, you may end up breaking even, or having very little taxable income. Note that when you sell the property, your basis is reduced by the depreciation you were allowed to deduct (even if you haven't deducted it for whatever reason), and also the personal residence exclusion might no longer be applicable - i.e.: you'll have to pay capital gains tax. You will not be able to deduct a loss though if you sell now, so it may be better to depreciate it as a rental, rather then sell at a loss that won't affect your taxes. Also, consider the fact that the basis for the depreciation is not the basis you currently have in the property (because you're under water). You have to remember that when calculating the taxes. This is not a tax advice, and you should seek a professional help. You are talking about adjusting the basis of your property which has its own IRS publication Publication 551: Basis of Assets Assuming you've not taken depreciation on your land in any way, pages 4-5 cover the various ways you can increase the basis of your property. Improvements like paving and wiring such as your second case would increase the basis of the property and reduce your gains when you sell. Note that regular real estate taxes do NOT alter your basis. Again the IRS publication is where you should look on what activity would have altered your basis during your period of ownership.  Consult appropriate accounting and legal practitioners when in doubt. What you are looking for is a 1031 exchange. https://www.irs.gov/uac/like-kind-exchanges-under-irc-code-section-1031 Whenever you sell business or investment property and you have a gain, you generally have to pay tax on the gain at the time of sale. IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange. Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free. You may also sell your house for bitcoin and record the sales price on the deed with an equal or lesser amount that you bought it for. To make matters worse, if you pay the property tax your mother in law can't take the deduction either. You may be better off paying rent and having her handle the property correctly, as a rental. So obviously, realtors are not economists and have a strong bias here.  A lot of actual [economists](https://fivethirtyeight.com/features/the-tax-deductions-economists-hate/) think the mortgage deduction is nonsense and doesn't actually promote home ownership. Countries without the deduction have about the same ownership rates as the U.S.  Worth noting that this proposal doesn't actually scrap the mortgage deduction, it just makes the standard deduction bigger. Some people will end up better off with the new standard deduction, and those with more expensive homes can keep using the mortgage deduction.  This is one of the few proposals coming out of the Republican congress that actually helps poor people more than rich people. For stocks, bonds, ETF funds and so on - Taxed only on realised gain and losses are deductible from the gain and not from company's income. Corporate tax is calculated only after all expenses have been deducted. Not the other way around. Real estate expenses can be deducted because of repairs and maintenance.  In general all expenses related to the operation of the business can be deducted. But you cannot use expenses as willy nilly, as you assume. You cannot deduct your subscription to Playboy as an expense. Doing it is illegal and if caught, the tours to church will increase exponentially. VAT is only paid if you claim VAT on your invoices. Your situation seems quite complicated. I would suggest, get an accountant pronto. There are nuances in your situation, which an accountant only can understand and help. I'd recommend you use an online tax calculator to see the effect it will have. To your comment with @littleadv, there's FMV, agreed, but there's also a rate below that. One that's a bit lower than FMV, but it's a discount for a tenant who will handle certain things on their own. I had an arm's length tenant, who was below FMV, I literally never met him. But, our agreement through a realtor, was that for any repairs, I was not required to arrange or meet repairmen. FMV is not a fixed number, but a bit of a range.  If this is your first rental, you need to be aware of the requirement to take depreciation. Simply put, you separate your cost into land and house. The house value gets depreciated by 1/27.5 (i.e. you divide the value by 27.5 and that's taken as depreciation each year. You may break even on cash flow, the rent paying the mortgage, property tax, etc, but the depreciation might still produce a loss. This isn't optional. It flows to your tax return, and is limited to $25K/yr. Further, if your adjusted gross income  is over $100K, the allowed loss is phased out over the next $50K of income. i.e. each $1000 of AGI reduces the allowed loss by $500. The losses you can't take are carried forward, until you use them to offset profit each year, or sell the property.  If you offer numbers, you'll get a more detailed answer, but this is the general overview. In general, if you are paying tax, you are doing well, running a profit even after depreciation. Using US tax code, given that your profits are less than 250K, given that you lived in that home over two years, then yes the 150K is tax free.   That is your money in the US. Note:  I won't get into all of the specifics but basically you need to live somewhere 2 years.  You get 250K per person, up to 500K.  Most enhancements count as money towards the home.  So most/all of your 12k should be discounted.  However there is a lot of fine print in this and a lot of interpretation on what is normal upkeep and what is an enhancement. According to page 107 of the instructions for schedule A for form 1040 : Include taxes (state, local, or foreign) paid on real estate you own that was not used for business. ... If you want to make a business out of her property and be her agent in the management, you might be able to work with an accountant on this, but it won't be a valid personal deduction. In general, for a home you live in, there's maintenance, which is just that, you pay to keep your house in good repair.  There's also real improvements. I spend $xxx to turn my poured cement basement into living space. Here, I keep my receipts and the cost (although not my labor) is added to the basis of my home when I sell.  The couple things that may offer a deduction have to do with energy. When I insulated my basement, there was a state tax credit which I got back when I filed taxes. There are also credits for installing solar panels.  What you've described in your question just sounds like one of the small joys of home ownership. "Yes, you may deduct the cost of building the ""noise cancellation system"" :) sorry couldn't resist. But seriously, yes you can deduct it ONCE (unless you have more cost maintaining it) and its on line 19 (Repairs and maintenance) of IRS Form 8829." To answer some parts of the question which are answerable as-is: Yes, mortgage interest is deductible. So is depreciation. See this question and others. It would be a good idea to put some money away for tax season, just as you should save some money to cover unexpected property expenses. But as @JoeTaxpayer says, this is a good problem to have, assuming you own the property, it's low-maintenance, your tenant is good, and your rent is at market levels.