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Question

brian71

Asked

Got a 1099 income I received for oil and gas lease bonus. They classified the income as rent under box 1, the amount is $5052.63. Can I depreciate expenses related to my house, such as utilities, repairs under rental property? It's my primary residence.

(Asked 01/31/09, Views 107)

Question has been solved by JohnJay76

Answers (1) Comments (1)

  • brian71
  • Commented

I may have answered my own question to some extent. My father in law, who lives close by, got a signing bonus from a different company for his oil and gas lease, and it was also classified as rental income. My guess is that since we have not actually received any checks from natural gas production , the leasing companies classified the signing bonus as "rental income" as opposed to "royalty income". In essence , they are renting/leasing our property with the option to drill within the lease time frame. My question would still be, if I am to classify this as "rental income" on my primary residence, am I able to depreciate common expenses, such as utilities, repairs, etc.. I do understand that real estate taxes and mortgage interest would go in a different spot, since this is my primary residence.

JohnJay76

Answered

Unfortunately your rental income is on your "mineral estate", not your "real estate", so no deductions are allowed for the expenses you mention. In your situation probably the only expense deduction that would apply is any bank fees incurred if you received the payment as a draft rather than a check (list it in the "Other" section).

(Posted 02/04/09)

Solved
Rating (+ 10):
  • brian71
  • Commented

I finally got a hold of an IRS agent. He did confirm that since the Rental Income applies to land, I would be unable to depreciate anything. Land is the only asset you cannot depreciate.

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