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1099-NEC required for Rental property repair

My wife and I have a rental property on which we did extensive repairs and upgrades this year.  Exterior painting, new A/C system install, roof repairs, etc. of which all were performed by professional companies and were all well over $600 in expense.  As we paid companies for the work performed on the rental, do we have to file form 1099-NEC for each of the jobs performed?

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17 Replies
LinaJ2020
Expert Alumni

1099-NEC required for Rental property repair

You are required to issue Form 1099-NECs to those professional companies which you have incurred expenses for more than $600.  Click here:  1099-NEC

 

To create Form 1099-NEC, here are the steps:

 

In TurboTax Self-employed online program, 

  • After sign in, select Pick up where you left off
  • On your left menu, select Tax Tools/drop-down menu, then Tools 
  • On the next pop-up box, Tools Center, select Topic Search
  • Under Topic Search, type in Create and highlight create from 1099-misc or w-2 
  • Select Go
  • On screen,"W-2/1099 Reporter"  select Start here 
  • Follow prompts

 

These will be considered as your rental expenses on Schedule E.  It will show on line 5 of Schedule 1 and line 8 of your Form 1040. 

 

[Edited 3/23/2021  9: 17 am EST]

@reweinzinger   

Please see edited response.  Sorry for the confusion.

 

 

 

 

 

 

 

 

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1099-NEC required for Rental property repair

Thanks for your reply but, based upon your response, I may not have been clear enough in my original posting.  Let me attempt to clarify.  My wife and I are the owners of the rental property, it is the only rental we have and not a significant source of income for us (the rent payments just barely cover the mortgage payments) since I have a regular 9 to 5 job elsewhere.  Which repairs and improvements needing to be done to the rental in 2020, we paid other companies to do things like install an A/C system, paint the house and repair the roof.  I did not receive any money or 1099-NEC forms for this work nor did I create 1099-NEC forms for any of the companies that did the work for us since all the jobs (all over $600) were performed by registered companies.  My question was, as all the jobs that I had those companies perform were over $600, do I need to create forms 1099-NEC and provide them to those companies that did the work?  It sounds unusual that I would need to do so but wanted to confirm.  Thanks.

JeffreyR77
Expert Alumni

1099-NEC required for Rental property repair

You are not required to issue a 1099-NEC or 1099-MISC to any entity that is incorporated or that was paid less than $600 in the year.

 

Am I Required to File a Form 1099 (see Not Required to File an Information Return)

1099-NEC required for Rental property repair

Thank you.   The original "employee expert's" answer didn't even make sense given the clearly stated question.  

1099-NEC required for Rental property repair

OK, I too am confused by this response. 

 

So if we use an "Incorporated" Business to do repairs, we do NOT need to send the company/person a 1099-NEC  ?  I assume these are businesses that have Business Licenses to operate? So How about this example:  We use a Gardening person to cut the grass at our Rental. Pay him $70/month over 12 months = $840 for the year.  I have receipts from paying him.  But He is NOT incorporated, just a regular service he does for many owners.  Am I required to send HIM a 1099-NEC ?  

Vanessa A
Expert Alumni

1099-NEC required for Rental property repair

Yes, you would need to send your gardener a 1099-NEC as you paid him more than $600.

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Carl
Level 15

1099-NEC required for Rental property repair

You only need to issue a 1099-NEC if you paid an individual or a disregarded entity more than $600. A disregarded entity would be a single member LLC. Otherwise, nothing needs to be issued.

Also, what you are calling "repairs" seems more like property improvements to me. For example, the new A/C install, assuming it's central Air & Heat, is without question a property improvement.  If your roof repair was basically a new roof or a roof-over, then that's a property improvement hands down.  They need to be entered as such and depreciated over time.

RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED

Property Improvement.

Property improvements are expenses you incur that Improve, restore, or otherwise “better” the property. Basically, they retain or add value to the property.

Betterments:
Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. An example of a pre-existing condition or defect in this context would be something such as foundation repair (slab jacking) or some other, hidden and costly, anomaly.
Restoration:
Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition.
Adaptation:
Expenses that may be for adaptation include expenses for altering your property to a use that isn’t consistent with the intended ordinary use of your property when you began renting the property. Adding a wheelchair ramp would be an example.

 

Expenses for these types of costs are entered in the Assets/Depreciation section and depreciated over time. Property improvements can be done at any time after your initial purchase of the property. It does not matter if it was your residence or a rental at the time of the improvement. It still adds value to the property.

To be classified as a property improvement, two criteria need to be met:

1) The improvement must become "a material part of" the property. For example, remodeling the bathroom, new cabinets or appliances in the kitchen. New carpet. Replacing that old Central Air unit.

2) The improvement must retain or add "real" value to the property. In other words, when the property is appraised by a qualified, certified, licensed property appraiser, he will appraise it at a higher value, than he would have without the improvements.

There are rules that allow you to just flat-out expense and deduct some property improvements instead of capitalizing and depreciating them, if the total cost of the improvement was less than $2,500. It’s referred to as “safe harbor di-minimis” But depending on the specific situation, this may or may not be beneficial. Just be aware that not every property improvement that cost less than $2,500 qualifies for this. If this interest you, the rules can get complex. So a good place to start reading is on the IRS website at https://www.irs.gov/businesses/small-businesses-self-employed/tangible-property-final-regulations. The stuff on di-minimis starts about one page down.

Cleaning & Maintenance

Those expenses incurred to maintain the rental property and it's assets in the useable condition the property and/or asset was designed and intended for. Routine cleaning and maintenance expenses are only deductible if they are incurred while the property is classified as a rental. Cleaning and maintenance expenses incurred in the process of preparing the property for rent are not deductible.

Repair

Those expenses incurred to return the property or it's assets to the same useable condition they were in, prior to the event that caused the property or asset to be unusable. Repair expenses incurred are only deductible if incurred while the property is classified as a rental. Repair costs incurred in the process of preparing the property for rent are not deductible.

Additional clarifications: Painting a room does not qualify as a property improvement. While the paint does become “a material part of” the property, from the perspective of a property appraiser, it doesn’t add “real value” to the property.

However, when you do something like convert the garage into a 3rd bedroom for example, making a  2 bedroom house into a 3 bedroom house adds “real value”. Of course, when you convert the garage to a bedroom, you’re going to paint it. But you will include the cost of painting as a part of the property improvement – not an expense separate from it.

1099-NEC required for Rental property repair

Thank you very much for that detailed explanation.


So a stupid question --  what happens if we do NOT send that form to a contractor and yet take the deductions on Shed E ???  Is there a PENALTY that we would expect? or just open the door for an AUDIT?

Carl
Level 15

1099-NEC required for Rental property repair

what happens if we do NOT send that form to a contractor and yet take the deductions on Shed E ?

As far as I know, nothing. But I'm not a tax pro by any stretch.

It used to be that the owner of a long tern residential rental property was not considered to be a "trade or business", and the 1099 was not required to be issued regardless of the amount. However, with the implementation of QBI, a rental property "could" qualify as a trade or business for the purpose of claiming the QBI deduction. So it becomes a grey area determining if the 1099 is required or not. So play it safe and issue the form. Especially if you are claiming QBI against any rental property.

1099-NEC required for Rental property repair


@Cody210 wrote:

Is there a PENALTY that we would expect?


The 1099 series are generally for business reporting only but, in that regard, there are penalties for failure to file and also failure to provide accurate information.

 

See General Instructions for Certain Information Returns (2021) | Internal Revenue Service (irs.gov)

1099-NEC required for Rental property repair

Interesting ... Well we are NOT claiming our rental(s) as QBI ...   I attempted to do that in a previous year and things got very complicated and felt it was just too risky to go down that path.   Thank you !

1099-NEC required for Rental property repair

OK, so not to belabor this topic, but I am now getting knee-deep confused. (I tried going thru STEP by STEP again in TTax to get that PROMPT = "Did you pay anyone $600+ for work done at your Rental Property." For the life of me I can't find it to see HOW to create a 1099-NEC to Send to the Gardener.

 

So I guess my question is - How do I create a 1099-NEC to email to the guy? This is NOT a QBI property. 

 

Thanks in advance for all your knowledge. I'm learning way too much about this issue ...  lol, or crying. 

1099-NEC required for Rental property repair

Which version of TurboTax are you using, @Cody210?

1099-NEC required for Rental property repair

PREMIER ...  I've always used this for Rental Properties.  

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