Rental Property Red Flags For The IRS

With tax season coming up, it’s crucial to be sure that you are not only equipped with the proper documentation but also accurate reporting to ensure compliance.

For rental property owners, accurately reporting income is crucial. Both underreporting and over-reporting revenue can lead to serious consequences for your rental business. In this article, we will cover the essentials of reporting rental income, the methods the IRS (Internal Revenue Service) employs to identify unreported earnings, and the potential repercussions of incorrect income reporting.

Are Landlords Required to Report Rental Income?

So, do you have to claim rental income if you make it? To make a long answer short—yes and no.

There is one exception to report rental property income. If you use a dwelling unit as a residence and rent if fewer than 15 days, you do not have to report any of the rental income and don’t deduct rental expenses.

Besides this one exception, according to the IRS, any payment received in exchange for the use or occupation of property qualifies as rental income. Regardless of whether your rental investment property operates at a loss, you are still legally required to report all revenue earned.

How Does the IRS Detect Unreported Income?

The IRS has multiple ways to detect discrepancies and unreported rental income earnings:

• Automated Underreporter Program: This program cross-references rental income tax returns with third-party records, such as bank statements and income filings, flagging any inconsistencies for further review.
• Paper Trails: Public records, real estate transactions, and property tax records provide IRS agents with valuable information that can be compared against your tax filings.
• Third-Party Reporting: Mortgage lenders, property managers, real estate investors, and even tenants may submit tax-related documents that reflect rental income.

Common IRS Red Flags for Rental Property Owners

Tax audits are routine, and as your income increases, so does the likelihood of being audited. Several red flags commonly trigger IRS scrutiny for rental property owners, including:

• Claiming full business use of a personal vehicle
• Claiming rental losses
• Handling a significant number of cash transactions
• Failing to report self-employment income
• Taking unusually high deductions, losses, or tax credits
• Underreporting taxable income
• Not reporting rental income
• Claiming higher than average deductions
• For example, paying a family member an unusually high wage for working on the property, causing suspiciously high tax deductible rental property expenses

Some of these situations may be legitimate in the rental industry, but maintaining thorough documentation and accurately tracking income can help support your claims and reduce audit risks.

Consequences of Failing to Report Rental Income

Even unintentional mistakes on federal tax filings can result in expensive consequences.

If the IRS detects errors or underreported income, it may lead to a full review of your tax return, adjustments to reported figures, and additional tax liabilities. Below are the potential penalties:

Accuracy-Related Penalties

Financial penalties related to inaccuracies typically start at 20% of the understated tax amount. This amount can increase to 40% in cases of significant misstatements. This kind of penalty may be triggered by underreported tax due, misreported transactions, or property valuation errors.

Civil Fraud Penalties

If deliberate tax evasion is discovered, the penalty can be as high as 75% of the unpaid tax amount.

Criminal Charges

Although rare (occurring less than 2% of audits), criminal charges can be pursued for tax fraud, willful tax evasion, or failure to maintain financial records.

IRS Audit Time Limits

The IRS typically has three years to audit a tax return. However, in cases where more than 25% of gross income is unreported, the audit window extends to six years. If a fraudulent return is filed—or no return at all—there is no statute of limitations for an IRS audit.

What If an Error on My Tax Return Was Unintentional?

The IRS recognizes that mistakes happen when you pay estimated taxes. Simple math errors in your income and expense tracking are usually corrected without issue, and missing forms or schedules may be requested for completion. However, if you notice an error before the IRS does, you should file an amended return using Form 1040-X.

If the IRS identifies an error before you do, you may be able to invoke the reasonable cause exception to avoid penalties. To qualify, you must demonstrate that the mistake was due to one of the following:

• A misunderstanding of tax laws or facts
• Reliance on a tax professional’s advice
• Unintentional computational errors
• Dependence on incorrect third-party information (e.g., employer-provided W-2 forms)
• Limited tax experience or knowledge

If you disagree with the IRS audit findings, you have the right to request an appeal. Working with a tax professional from the get-go can give you peace of mind and ensure compliance.

The Importance of Accurate Reporting

Rental income extends beyond just monthly rent payments, and many rental property owners unknowingly miscalculate their taxable revenue. These errors can result in costly penalties, accrued interest, and even audits. Given the IRS’s enhanced enforcement efforts, the risk of noncompliance is higher than ever.

To ensure accuracy in your tax filings, it’s essential to maintain well-organized financial records. Tools like Ledgre can assist rental property owners in tracking reportable income, calculating expenses for Schedule E, and keeping supporting documentation readily available. Staying proactive with tax compliance will help you avoid unnecessary penalties and maintain financial peace of mind.