No more deduction for interest on home equity debt. A $10,000 cap on the deduction for real estate taxes. A new requirement that you own your home for 5 years ? rather than 2 ? before you can sell it tax-free. It?s not a great time to sell houses for a living.
Winner: Rental Real Estate Owners
It is a great time, however, to be a landlord. For starters, the life over which you can depreciate your property has been reduced ? from 27.5 years to 25 years for residential property and from 39 years to 25 years for nonresidential property. In addition, while most other businesses will find their interest deduction limited under the Senate bill, that limitation doesn?t apply to landlords, who can continue to deduct their mortgage interest in full.
Real estate owners will really enjoy a windfall, however, if the final bill adopts the House version of ?pass-through? taxation. Under the House bill, all rental income will be subject to a top rate of 25%, as opposed to 39.6% under current law. Under the Senate bill, however, it appears that for those large landlords earning more than $700,000 annually, unless the rental properties or a management company pays out significant W-2 wages, the owners would be stuck paying a top rate of 38.5% on the income, a rate 13.5% higher than under the House bill.