Does A Security Deposit Count As Rental Income?
The Credit People
Ashleigh S.
Do you wonder whether a security deposit counts as rental income and fear an unexpected tax bill? Navigating IRS rules can be tricky, and treating a refundable deposit as ordinary rent could trigger surprise liabilities and audit flags, so this article cuts through the confusion and highlights five non‑taxable scenarios, common landlord mistakes, and ledger best practices.
If you prefer a guaranteed, stress‑free path, our 20‑year‑veteran team could review your situation, map out compliance steps, and manage the entire process - just give us a call today.
You Can Quickly Clear Eviction-Related Credit Issues Now
If an eviction is hurting your credit and limiting your options, we can help. Call us for a free, no‑commitment soft pull; we'll review your report, spot inaccurate negatives, and work to dispute them.9 Experts Available Right Now
54 agents currently helping others with their credit
Our Live Experts Are Sleeping
Our agents will be back at 9 AM
Do You Report Security Deposits as Income?
Security deposits stay off your taxable rent ledger as long as you plan to refund them; the IRS treats the money as a security, not income (see IRS Publication 527 on rental property).
When a deposit is forfeited - because of unrepaired damage or unpaid rent - you must record the amount on Schedule E under 'Other income,' which triggers the taxable event discussed in the next section.
IRS Rules Demystified for Your Rentals
The IRS treats a security deposit as a refundable liability, not rental income, until the landlord retains it.
- Treat the deposit as a loan to the tenant - the amount sits on the balance sheet, not on Schedule E, because the landlord must return it if the lease ends without damage (IRS Publication 527 explains this liability treatment).
- If the deposit is applied to unpaid rent or damages, the portion that the landlord keeps becomes taxable in the year it's retained; that amount moves onto Schedule E as ordinary rental income.
- Report any interest earned on the deposit as separate interest income on Form 1040, Schedule B; the principal remains non‑taxable.
- Collect a non‑refundable 'pet fee' or 'cleaning fee' only if it's clearly labeled as a charge for a service; then it counts as income from day one (as we covered above in reporting rules).
- Maintain a detailed ledger tracking each deposit, its purpose, and any deductions for damage; proper documentation shields you from audit adjustments (see IRS Publication 527 for record‑keeping guidelines).
When Do Security Deposits Become Taxable?
Security deposits turn taxable only when the landlord keeps part or all of them after the tenancy ends, and that retained amount must be reported as rental income on Schedule E according to IRS Publication 527.
- Identify the kept portion. If you apply the deposit to unpaid rent, damage repairs, or a lease‑break fee, that slice stops being a refundable guarantee and becomes earned rent.
- Refunded balance stays non‑taxable. Any money sent back to the tenant remains a security deposit, not income, so it never appears on your tax return.
- Tax year of conversion. The amount you retain is taxed in the year you apply it, not in the year you originally collected the deposit. For example, a $1,200 deposit taken in 2023 but used for damages in 2025 becomes 2025 rental income.
- Report on Schedule E. List the retained sum under 'rental income' on Schedule E, line 3, just as we covered in the reporting section above.
- When it stays non‑taxable. A deposit that remains untouched, or that is later returned after the lease, never becomes taxable, regardless of how long you held it.
5 Scenarios Where Deposits Stay Non-Taxable
Security deposits stay non‑taxable when the landlord never keeps any portion for themselves. The IRS points out in Publication 527 that fully refundable deposits are excluded from income.
- Fully refundable at lease end - The landlord returns the exact amount, makes no deductions, and never treats it as rent. Because the tenant gets the money back, the deposit never enters the landlord's taxable income.
- Escrow‑held pet or key deposit - The funds sit in a separate escrow account and are released only when the tenant supplies the pet or returns the key. Since the landlord's control is limited to holding the money, it remains non‑taxable.
- Deposit for future services that are not rendered - A cleaning or move‑out fee held in advance is refunded after inspection shows no damage. The refund negates any claim of income.
- Third‑party custody arrangement - The deposit is transferred to a property‑management company that holds it for the tenant. The landlord never obtains the cash, so the IRS does not treat it as rental income.
- Security deposit used as a performance bond - The tenant provides a bond that is only forfeited if they breach the lease. If no breach occurs, the bond is returned, keeping the deposit outside taxable revenue.
What If Tenants Forfeit Deposits Early?
If a tenant forfeits the security deposit before the lease ends, the landlord generally treats the entire amount as taxable rental income the moment it becomes unconditionally yours, per IRS Publication 527. The forfeiture converts a refundable hold into earned cash, so it must appear on Schedule E for that tax year. As we covered above, the deposit stays non‑taxable only while it's still a liability that could be returned.
- Record the forfeited sum as rent received; do not attempt a partial deduction for anticipated repairs.
- Keep the original lease clause that allowed early forfeiture; the IRS may request proof of the contractual right.
- Report the amount on Form 1040, line 3 of Schedule E, and include any related expenses only if you actually incurred them later.
- If the forfeiture triggers a net profit, consider estimated‑tax payments to avoid penalties.
Handle Damage Claims Without Tax Hits
When a tenant damages the unit, the retained portion of the security deposit counts as taxable rental income. Report that amount on Schedule E as ordinary rent; only the refunded portion stays tax‑free.
Accurately handling the claim prevents surprise taxes and protects audit readiness:
- Document the damage with photos, written notice, and a cost estimate before withholding any funds.
- Itemize the withheld amount on the lease ledger, matching the repair estimate.
- Include the withheld sum on Schedule E, treating it like any other rent receipt.
- Pay for repairs using the retained deposit; if actual costs exceed the deposit, deduct the excess on Schedule E as a rental expense (Publication 527 explains the deduction rules).
- Return any surplus to the tenant; the returned cash does not appear on the tax return.
Keeping meticulous records and following the schedule‑E route eliminates unexpected tax hits and streamlines the next section on common landlord mistakes.
⚡ To speed up an eviction, give the tenant a precise statutory notice with all required details, serve it by certified mail or in‑person with a signed receipt, and file your court complaint the moment the notice's cure period ends, which often prevents costly delays.
3 Landlord Mistakes Turning Deposits into Income
The first mistake landlords make is logging the security deposit as rental income right after receipt, which instantly triggers tax liability instead of treating it as a refundable liability.
The second error appears when the deposit gets pooled with regular rent or maintenance funds, blurring the line that lets the IRS see it as earned revenue rather than a separate pledge.
The third slip happens when damage deductions lack a written, itemized statement; without documentation, any retained portion appears as earned rent and raises audit risk, as outlined in IRS Publication 527 (as we covered above).
Spot Advance Rent Hiding as Deposits
Advance rent that masquerades as a security deposit is easy to spot. Look for amounts that exceed the typical one‑month rent norm, language that calls the payment 'pre‑paid rent,' or lease clauses that allow the landlord to apply the money toward the first month's rent. An explicit statement such as 'this deposit will be applied to rent if the lease terminates early' is a red flag, as genuine deposits are refundable and not meant to cover tenancy costs (as we covered above).
When the payment qualifies as advance rent, IRS Publication 527 treats it as taxable income in the year it is received, not as a refundable deposit. Record the amount separately from the refundable portion, retain the lease language, and report it on Schedule E. For auditors, a clear paper trail distinguishing the two categories protects against misclassification (see IRS Publication 527 guidelines for rental income).
Track Deposits to Dodge IRS Audits
Tracking security deposits precisely shields you from an IRS audit.
Treat each deposit as a separate transaction in a dedicated ledger; note tenant name, unit number, amount, and date. Keep the signed lease clause that defines refund conditions right next to the entry. Store the bank deposit slip or electronic receipt in the same file.
When the lease ends, reconcile the ledger against the escrow or separate bank account balance, subtract any approved damage charges, and generate a final settlement statement. (IRS Publication 527 outlines these record‑keeping expectations.)
A clean paper trail forces the auditor to see a refundable deposit, not hidden income, and sets up the next look at deposits in lease buyouts.
🚩 If you copy a generic eviction notice instead of using the exact language required in your state, the court can dismiss it and add months to the timeline. Verify local notice wording first.
🚩 Assuming a 'cash‑for‑keys' payment alone ends the dispute can leave you open to later lawsuits if the tenant signs no release. Get a signed, written agreement.
🚩 Changing locks or cutting utilities yourself may be treated as illegal self‑help, exposing you to criminal and civil penalties. Use only legally sanctioned removal methods.
🚩 Ignoring mandatory mediation windows can automatically pause the case for weeks, even in 'fast‑track' states. Track and meet every mediation deadline.
🚩 Expecting the sheriff to serve the writ immediately often overlooks court‑backed sheriff backlogs that can delay possession by weeks. Plan for a possible waiting period.
Deposits in Lease Buyouts
Security deposits that become part of a lease‑buyout purchase price do not count as rental income; they reduce the seller's amount realized on the sale, while only the non‑refundable portion remains taxable as ordinary income, per IRS Publication 527 and IRS Publication 525.
Consider a tenant who posts a $3,000 security deposit and later exercises a $50,000 buyout option. The landlord applies the full deposit toward the purchase, reports $47,000 as sale proceeds, and registers zero rental income for that year. In a second scenario, a $2,500 deposit includes a $500 non‑refundable damage clause; the landlord treats $2,000 as a reduction of the sale price and records $500 as ordinary income.
🗝️ Evictions can take anywhere from a few weeks to several months, depending on your state's notice rules and court backlog.
🗝️ Giving the tenant a correctly‑worded notice and keeping solid proof of service stops many common delays.
🗝️ Hidden fees - like attorney costs, interest on back rent, and relocation assistance - can quickly eat into any recovered money, so plan your budget early.
🗝️ Settling with the tenant through a cash‑for‑keys deal or mediation often ends the process faster and cheaper than a full trial.
🗝️ If you're unsure how an eviction might affect your credit, give The Credit People a call; we can pull and review your report and discuss the next steps.
You Can Quickly Clear Eviction-Related Credit Issues Now
If an eviction is hurting your credit and limiting your options, we can help. Call us for a free, no‑commitment soft pull; we'll review your report, spot inaccurate negatives, and work to dispute them.9 Experts Available Right Now
54 agents currently helping others with their credit
Our Live Experts Are Sleeping
Our agents will be back at 9 AM

