Some people have a misconception that timeshare sales are not subjected to income tax. But in reality timeshares sales are subjected to income tax. It is treated similar to any other kind of real estate property. As a timeshare property is a capital asset so when you sell a timeshare and make profit on it, it is considered as a capital gain. But you have to own the property for more than one year for it to be eligible for income tax. You can include all the costs associated with buying a timeshare like closing costs you had to pay when buying your timeshare, the annual maintenance fee for all the years that you owned the property and special assessments if any.
But Like any other real estate property if you sell your timeshare and if you incur loss which is called capital loss, you many not be able to deduct the losses in your tax returns. But situation might differ if you regularly rent the unit; any loss on sale would be termed as allowable business loss and would thus be deductible as an allowable ordinary loss in tax returns. Loss on sale would not be allowed by IRS if the unit had been converted back to personal use before selling.
There are no other deductibles allowed against timeshares. The exception is the property tax only if it is billed separately. They are also deductible if the resort differentiates it as a different item on your maintenance fee bill. You may also be able to deduct the interest on a timeshare loan, but, only if the loan is taken as a mortgage and there should be no other deductible mortgages except your primary home mortgage. But sad thing is not all timeshare loans qualify as mortgage loans as they are primarily termed as consumer loans. Also you have to keep in mind that you cannot deduct interest on multiple timeshare loans at a time if you also have a primary home mortgage. But you might be able to deduct interests on multiple timeshares if they are at same resort, as they can be viewed as one timeshare. The timeshares can also be used for donating to a charity. But there are some restrictions. If you want to donate a deeded timeshare, the allowable deduction is normally equal to the fair market value of the timeshare on the date of donation. If the fair market value exceeds five thousand dollars you will have to get a written appraisal that should meet IRS guidelines. In case of non-deeded and right to use timeshares which are considered as tangible assets, additional rules apply. The fair market value of the timeshare must be reduced by the amount equal to any gain that would have been made had the property been sold by the owner. When it comes to renting your timeshare you can claim deductions on all expenses including depreciation cost, cost of advertising, rental commissions and maintenance fees. Certain kind of special assessments may be deductible like repairs and unexpected expenses. Expenses like remodeling may not be deductible, so are the travel expenses
Also one has to remember that vacation home rules apply if you use it for at least fifteen days each year for personal use. The timeshares can also qualify however you should use it at least 15 days.
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