---
title: "Another Tax Season Descends: Why Real Estate Investment Property Owners Are Smiling"
description: "For many of our clients who own real estate investment properties, the annual sting of potential tax obligations is often a bit less worrisome than for those who don’t. There are several reasons why and it's worth highlighting a few here. In this post, we’ll focus on one of the biggest reasons: deductions."
image: https://blog.fgg1031.com/hubfs/Taxes.png
---

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## [721 UPREIT Options in DST Programs (Part 3)](https://blog.fgg1031.com/blog/721-upreit-options-in-dst-programs)

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# Another Tax Season Descends: Why Real Estate Investment Property Owners Are Smiling

By [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty)

Is April 15th coming upon us *already*? It’s hard to believe another tax season has arrived. Let’s be honest - the process of assembling documents, completing forms, and filing our returns each year must be one of life’s least pleasurable activities.

However, for many of our clients who own real estate investment properties, the annual sting of potential tax obligations is often a bit less worrisome than for those who don’t. There are several reasons why and it's worth highlighting a few here. In this post, we’ll focus on one of the biggest reasons**: deductions.**

#### **Deductions**

As with any tax benefit, certain restrictions apply, and we recommend potential investors and property owners always consult with a tax professional for proper counsel; that would include obtaining additional insights on many of the deductions we identify here. In general, however, the deductions afforded rental property owners can be quite compelling. According to a recent article from [Nolo.com,](https://www.nolo.com/)here are ten of the most popular deductions available to landlords:

##### **1. Interest**

This includes not only mortgage interest payments on loans used to either buy or improve a property but even interest on credit cards used for purchases of services or products related to maintaining a property.

##### **2. Depreciation**

Even though most rental properties appreciate over time, rental property owners are allowed to depreciate the non-land portion of their properties either over 27.5 years if residential or 39-years if non-residential. This write off can substantially reduce the tax liability on rental income received by landlords. Furthermore, it may be possible to accelerate the amount of allowed depreciation through utilizing bonus appreciation allowances permitted under the recent **Tax Cuts and Jobs Act of 2017 (TCJA)**.

##### **3. Repairs**

Need to replace some light fixtures? Is it time to repaint? Required to fix a roof? All these expenses can be deducted in the year they were incurred. The recent Tax Cuts and Jobs Act broadens the list of eligible items that can be expensed in the first year of use.

##### **4. Personal Property**

Owners often miss this one, thinking that personal property purchased for use in a rental property needs to be capitalized. But the IRS permits deductions for certain purchases under the [de minimis safe harbor deduction](https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations#Ademinimis) (i.e., property valued at less than $2,000). These expenses often include appliances and furniture in rental units and landscaping equipment related to property maintenance.

##### **5. Pass-Through Tax Deduction**

The 2017 Tax Cuts and Jobs Act enabled landlords to qualify for a special (income) pass-through tax deduction. Depending on a landlord’s income, he might be able to deduct up to 20% of his net rental income thereby reducing the amount of taxes that would otherwise be owed. This deduction is scheduled to expire after 2025.

##### **6. Travel**

Most of the travel costs borne by landlords associated with their rental properties can be deducted. If you drive a vehicle you can use the standard mileage rate permitted by the IRS ($.58/mile in 2019) or deduct actual expenses for gasoline, car maintenance, etc. Even overnight travel costs, airfare, meals and lodging associated with remote rental properties may be deductible.

##### **7. Home Office**

Home office expenses are often tricky as they relate to permissible deductions and there are certain requirements that need to be met. That said, however, landlords may be able to deduct home office expenses related to space delegated for use of managing the rental property.

##### **8. Employees and Independent Contractors**

Wages paid to workers providing services for a rental activity can be deducted as a rental business expense. It doesn’t matter whether the worker is a company employee or an independent contractor.

##### **9. Insurance**

Premiums paid for most types of insurance for a rental property can be deducted. These include premiums for policies that cover liability for the owner as well as property insurance for fire, theft and flood. Even costs for employees’ health and workers' compensation insurance are deductible.

##### **10. Legal and Professional Services**

Finally, any fees paid to attorneys, accountants, real estate investment advisors and property management companies can be deducted as operating expenses if the fees are paid for work related to a rental activity.

To minimize the odds of tax authorities denying or reducing claimed deductions, landlords must get in the habit of keeping scrupulous documentation and records of expenses, travel dates, and even the amount of hours that they or others worked on their behalf to manage their properties.

Due to recent changes in permitted deductions, we strongly encourage landlords to seek out the assistance of qualified tax professionals when completing their tax returns. The added costs of hiring a competent tax advisor to review possible deductions and sign off on your tax return may be easily offset by greater peace of mind and more after tax money in your pocket.

Hopefully, this helps provide an understanding of the potential tax benefits of investment property ownership. In a future post, we’ll discuss some of the benefits afforded investors who have used a **1031 Exchange** or **Delaware Statutory Trust** to purchase and own investment property. These structures are well-known for their ability to allow investment property owners to sell and reinvest while deferring any capital gains tax on their current property’s appreciation.

Please contact us today or email us at [info@firstguardiangroup.com](mailto:info@firstguardiangroup.com) if you have any questions. You can also schedule some [time on my calendar](https://meetings.hubspot.com/pgetty)for a one on one conversation.

### [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty)

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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Disclaimer: There is no guarantee that any strategy will be successful or achieve investment objectives. All real estate investments have the potential to lose value during the life of the investments. This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please be aware that this material cannot and does not replace the Memorandum and is qualified in its entirety by the Memorandum.

This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, FGG1031, First Guardian Group, LightPath Capital, Inc., and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal.

Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect.  The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities. All financed real estate investments have a potential for foreclosure. Delaware Statutory Trust (DST) investments are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments. Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions. Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits.

IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation.

DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment.

Securities offered through registered representatives of [LightPath Capital, Inc.](http://www.lightpathcapital.com/) Member [FINRA](http://www.finra.org/) / [SIPC](https://www.sipc.org/). FGG1031, First Guardian Group, and LightPath Capital, Inc. are separate entities.

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FGG1031 | First Guardian Group and Emerson Equity LLC do not provide legal or tax advice. Securities offered through [Emerson Equity LLC](http://www.emersonequity.com/) Member [FINRA/SIPC](http://finra.org/) and MSRB registered. Emerson Equity LLC is unaffiliated with any entity herein.

1031 Risk Disclosure:

- There is no guarantee that any strategy will be successful or achieve investment objectives;
- Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
- Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
- Potential for foreclosure – All financed real estate investments have potential for foreclosure; ·Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments;
- Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
- Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

No offer to buy or sell securities is being made. Such offers may only be made to qualified accredited investors via private placement memorandum. Risks detailed in a private placement memorandum should be carefully reviewed, understood and considered before making such an investment. Prospective strategies and products used in any tax advantaged investment planning should be reviewed independently with your tax and legal advisors. Changes to the tax code and other regulatory revisions could have a negative impact upon strategies developed and recommendations made. Past performance and/or forward looking statements are never an assurance of future results.

Many of the investments offered will be only available to those investors meeting the definition of an Accredited Investor under SEC Rule 501(A) and offered as Regulation D private placement securities via a Private Placement Memorandum (“PPM”). Prospective investors must receive, read and understand all of the risks associated with buying private placement securities. Investments are not guaranteed or [FDIC](http://fdic.org/) insured and risks may include but are not limited to illiquidity, no guarantee of income or guarantee that all tax advantages or objectives will be met and complete loss of principal investment could occur.

**Risk Disclosure:** Alternative investment products, including real estate investments, notes & debentures, hedge funds and private equity, involve a high degree of risk, often engage in leveraging and other speculative investment practices that may increase the risk of investment loss, can be highly illiquid, are not required to provide periodic pricing or valuation information to investors, may involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees which may offset any trading profits, and in many cases the underlying investments are not transparent and are known only to the investment manager. Alternative investment performance can be volatile. An investor could lose all or a substantial amount of his or her investment. Often, alternative investment fund and account managers have total trading authority over their funds or accounts; the use of a single advisor applying generally similar trading programs could mean lack of diversification and, consequently, higher risk. There is often no secondary market for an investor's interest in alternative investments, and none is expected to develop. There may be restrictions on transferring interests in any alternative investment. Alternative investment products often execute a substantial portion of their trades on non-U.S. exchanges. Investing in foreign markets may entail risks that differ from those associated with investments in U.S. markets. Additionally, alternative investments often entail commodity trading, which involves substantial risk of loss.

NO OFFER OR SOLICITATION: The contents of this website: (i) do not constitute an offer of securities or a solicitation of an offer to buy of securities, and (ii) may not be relied upon in making an investment decision related to any investment offering by FGG1031 | First Guardian Group, Emerson Equity LLC, or any affiliate, or partner thereof. FGG1031 | First Guardian Group does not warrant the accuracy or completeness of the information contained herein.

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