Rental of portion of residence

[David]

TP rented a couple of rooms in his primary residence for 9 months. He has to suspend the loss because of high income.

Is he able to deduct 100% of the mortgage interest and property taxes since he would normally be able to deduct these on sch A? Or does he have to allocate part of the mortgage interest and property taxes to the rental and suspend those expenses along with the other suspended rental expenses?

Thanks.

[Pacun]

You have to allocate RE taxes and Mortgage interest between Sch A and E regardless of the results.

[joanmcq]

The rental portion is ONLY the amount used exclusively as a rental. Common areas don't count. Hard to see how he'd have a loss, especially since he'd have only 9 months of proration.

[Guest Taxed]

Not a tax issue but a building code issue. In many cities and towns you can not rent a single family home if you are also living in it. It is considered an illegal rental and the renter is allowed a refund of rent. I think NYC is one of those cities.