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Question

My fiance owns his home. His son rents a large apt. During the next year (my fiance and son) wanted to swap living quarters (to make room for me to move in with my fiance until the wedding). My question is: can my fiance still claim the same tax deductions ie:homestead, interest, tax...if he is not purchasing a second home. Would he have to claim the home as investment since his son would be moving in and only able to pay 50% of the payment. We think this would be a perfect solution but he doesn't want to pursue it if he can't at least get the same amount of tax deduction (return) Thank you so much for your time!

Submitted: 23 days and 13 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to question: Florida

Posted by Merlo 23 days and 13 hours ago.

Info Request

Hello pilot,

Are you going to be charging his son rent for living in the home?

23 days and 13 hours ago.

Reply

His son currently pays $700 a month for his apt. We were going to have him continue to pay the same amt for the house while we took over the apt (actual monthly rent is 1400)

Posted by Merlo 23 days and 13 hours ago.

Info Request

What do you mean actual rent is $1,400?

Is it $700 or $1,400?

23 days and 13 hours ago.

Reply

I currently share the apt with his son. The rent for the apartment is 1400.00 His son pays 1/2 (700.00) The home mortgage payment is 1200.00. We would continue to have his son maintain the same monthly amount and we would incur the balance of the apt and mortgage payment. Hope this helps.

Posted by Merlo 23 days and 13 hours ago.

Answer

Hello again pilotgirl,

Thank you for the clarification.

Your fiance can continue to deduct the mortgage interest and property taxes that he pays on his home. He does not actually have to live in the home to deduct those expenses and he does not have to own a second home.

However, he may lose the homestead exemption in FL, if he is not the one who is actually living in that home as his primary residence, and this would result in paying a higher property tax rate.

I assume that it is your intention to just have this be an even swap between the father and son as far as any income or expenses, and that you do not plan to report receiving rental income from the son. If you do plan to report receiving rental income, then of course you would be liable for tax on the net rental income you report after expenses. For that reason, just having each person continue to pay their current expenses would be the most tax advantageous for you.

If this was helpful please press the Accept button.

Thank you pilotgirl.

23 days and 13 hours ago.

Reply

Is it allowable that we trade and still be 'legal' with the IRS? I am overly cautious when it comes to being audited and being hit with penalties. All we wanted to do is trade housing and each of us maintain the amount we are currently paying. If the IRS would frown on it...would it be better for my fiance to say the housing was an investment property and show a loss in order to pay the same amount of year end taxes? #since his son wouldn't be able to make the full mortgage payment and my fiance would be making up the difference.#

Accepted Answer

Hello again pilotgirl,

When you own property that you let someone else live in, there is no law that requires you to charge rent. Many people own homes or second homes that they let their children or parents live in rent free. So it just depends on how you structure the deal.

If this is just going to be a temporary situation, and you each just cotinue to make your own payments as you have in the past, then nothing needs to be reported.

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 10/28/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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