Taxes for buyers · IRS Publication 527Buying a rental property: which closing costs go into your basis
When an investor buys a rental property, many settlement costs are not deducted in the year of purchase – they become part of the property's basis, which is then depreciated (IRS Publication 527, for 2025 returns). Part of the basis: abstract fees, charges for installing utility services, legal fees, recording fees, surveys, transfer taxes, title insurance, and any amounts the seller owes that the buyer agrees to pay – back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Real estate taxes the seller owed that the buyer pays without reimbursement are added to basis, not deducted; if the buyer instead reimburses the seller for taxes the seller paid for the buyer's period, the buyer can usually deduct them. Not part of basis: fire insurance premiums, rent or other charges for occupancy before closing, loan costs such as points, origination fees, assumption fees, credit reports and a lender-required appraisal, and amounts put in escrow for future taxes and insurance. Assuming the seller's mortgage adds the remaining balance to basis. Because land is not depreciated, the cost must be split between land and building by fair market value – or, if those aren't known, by the property tax assessment: in the IRS example, a $200,000 purchase assessed 85% house and 15% land gives a $170,000 building basis.
Added to basis
Title and recording
Abstract fees, title insurance, recording fees, surveys, transfer taxes.
Legal and utilities
Legal fees; charges for installing utility services.
Seller's costs you pay
Back taxes or interest, recording or mortgage fees, repair charges, sales commissions.
Seller's unpaid taxes
Taxes the seller owed that you pay without reimbursement.
Assumed mortgage
The balance you take over.
Not added to basis
- Fire insurance premiums.
- Rent or occupancy charges before closing.
- Loan costs: points, origination and assumption fees, credit report, lender-required appraisal.
- Escrow deposits for future taxes and insurance.
Land vs building
Why
Land isn't depreciated, so only the building's share of the cost is.
How
By fair market value – or the tax assessment's land/building split if values aren't known.
IRS example
$200,000 price, assessment 85% house / 15% land → $170,000 building, $30,000 land.
What the TC can do
- Send the investor the final settlement statement right after closing – every line matters for basis.
- Point out any seller costs or back taxes the buyer is paying on the statement.
- Keep the purchase contract and the latest tax assessment with the closing documents.
Questions investors ask
Can I deduct closing costs on a rental property?
Most settlement costs – title insurance, recording fees, surveys, transfer taxes, legal fees – are added to the property's basis and depreciated, not deducted at once (IRS Pub. 527).
Are loan points added to the basis of a rental?
No. Points and other loan costs are not part of the property's basis.
How do I split land and building for depreciation?
By fair market value at purchase; if you aren't sure, you can use the ratio from the property tax assessment.
Related guides
In ClosingCode the Closing Disclosure / settlement statement is a standard document on every deal – easy to send the investor for their tax records.
Start free trialSource: IRS Publication 527, Residential Rental Property, for 2025 returns (irs.gov/pub/irs-pdf/p527.pdf, read October 26, 2026).
General information, not tax advice. ClosingCode is software; it is not a tax preparer or CPA. This guide is not a substitute for the advice or services of an attorney.