Depreciation Tax Deduction – (Tax Deferral)
Part 2 of, "6 Tax Breaks Landlords Get that Hurt the Economy and You"
Get rid of the depreciation tax deduction for landlords because houses do NOT depreciate, they appreciate. It distorts the market for single-family houses and is a complete government giveaway to landlord owners that hurts live-in owners.
Essentially, the government is saying, “You landlord owners can pay us those taxes later, maybe.”
It’s like the government gives every landlord an interest-free loan every year but every year the landlord supposedly owes the government more money when the landlord eventually sells the house.
The government doesn’t let the live-in owners next door put off paying some of their taxes indefinitely.
Is that fair?
The first economic problem with the depreciation tax deduction is that it increases landlord cash profits every year which lets landlords pay more for houses so they bid up house prices for everyone.
The second economic problem is that landlords are supposed to pay years of back taxes all at once when they sell a rental house. That means landlords make less money when they sell. That discourages landlords from selling their houses. That means less supply and higher house prices for everyone.
So, the same tax break encourages landlords to buy single-family houses but it also discourages landlords from selling them. One tax break for landlord owners increases house prices for live-in owners two different ways. Genius!
Theoretically, since we currently have an annual deduction on (pretend) depreciation for landlords, couldn’t we have an annual tax on (real) appreciation for landlords? It’s the same logic but based on economic reality – houses appreciate, they don’t depreciate. And it would slow down house price increases two different ways.
Landlords aren’t the problem, they’re just playing by the rules of the game. Government tax rules, however, are a huge problem that lowers homeownership, economic growth, economic equality, and destabilizes family wealth creation.
Here’s a great Twitter thread where a real estate investor talks about the depreciation deduction.
Next
All
Part 1 – 6 Tax Breaks Landlords Get that Hurt the Economy and You
Part 2 – Depreciation Tax Deduction – (Tax Deferral)
Part 3 – 1031 Exchange – (Tax Deferral)
Part 4 – Mortgage Interest Tax Deduction – (Tax Reduction)
Part 5 – Tax-Free Landlord Profit – (Tax Deferral)
Part 6 – Taxes on Capital Gains are a Lot Lower Than Taxes on Ordinary Income – (Tax Reduction)
Part 7 – Stepped-Up Tax Basis – (Tax Reduction)
Part 8 – 6 Distortions of the Housing Market
Part 9 – 2 Sets of Rules for Single-Family Houses
Part 10 – Fixed Supply of Single-Family Houses
Part 11 - Houses for Homes, Not Tax Shelters
Part 12 - Solutions
Part 13 - Permanently Increase Economic Growth
Part 14 - Life is Crazy Enough
Part 15 - The Hardest Part
Part 16 - Distorted Back to Reality
Part 17 - Stop Distorting the Housing Market
Part 18 - Conclusion
I actually enjoy a lot of the data you put on your site, but I 100% disagree with your assessment on depreciation. The idea behind depreciation is that the assets wear out over time, not that they go down in value. Plus it’s offset anyway when you sell the asset as you need to recapture the depreciation...it’s a temporary write off while you own it. This does become a bigger issue if Biden gets his tax plan through and takes away 1031 exchanges...now you add a huge burden and increase that “hesitation to sell” as there are less options to continue to defer gains, so they’re even more likely to continue to hold onto it vs selling. Many start out with single family homes and then sell those and exchange into larger buildings later. Without exchanges that option changes dramatically.
How do you propose assessing an annual tax on appreciation when markets are continually moving? Who determines the asset value every year? Investments are already taxed at disposition when the gains are realized, so essentially you’re proposing taxing every year as values increase, plus when the asset is sold. Taxing at sale makes sense as that’s when you’ve realized your gains, and you have a real dollar figure on gains to work with.
You’re also completely missing the point that the tax code is there to incentivize behavior. Yes, it benefits landlords...who are providing much needed housing. Remove the incentives, the behavior goes away and we have an even greater problem with our housing shortage as investor developers have even less incentive to build and the gap between housing units needed and actual units delivered continues to grow.
Ben Nelson
www.benjacobnelson.com