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jgordosea
jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3029
Experience:  I've prepared all types of taxes since 1987.
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Is there a way I can rent my current home to my daughter as

Customer Question

Is there a way I can rent my current home to my daughter as an on-site property manager. She would have friend living there and paying rent. Her salary for being the property manager would be to live in the house rent free.
Submitted: 3 years ago.
Category: Tax
Expert:  William Ellis, CPA replied 3 years ago.
Good evening and thanks for letting us assist you.

You can do this, but you have to be careful.

If you (and your spouse) have the home in a business that is paying wages, you can report this for your daughter. If you are not issuing a W-2 to your daughter with taxes withheld, you need to verify what the fair market value of her rent should be. If this is greater than the annual gift amount, $13,000 from you ($26,000 from you and your spouse), then you may have to pay gift tax on the excess amount.

I hope this helps,

Bill Ellis
Expert:  jgordosea replied 3 years ago.

Greetings,

 

Although you could make such an arrangement as you describe, it will not result in you being able to deduct expenses for the rental in excess of the amount of rent that her friend is paying.

 

First, use of a rental by a family member that is paying less than fair rental value is considered personal use. For more details see Tax Topics - Topic 415 Renting Residential and Vacation Property (formerly Renting Vacation and Renting to Relatives)

" You are considered to use a dwelling unit as a home if you use it for personal purposes during the tax year for more than the greater of: 14 days or 10% of the total days it is rented to others at a fair rental price. It is possible that you will use more than one dwelling unit as a home during the year. For example, if you live in your main home for 11 months, your home is a dwelling unit used as a home. If you live in your vacation home for the other 30 days of the year, your vacation home is also a dwelling unit used as a home unless you rent your vacation home to others at a fair rental value for 300 or more days during the year.

A day of personal use of a dwelling unit is any day that it is used by:

  1. You or any other person who has an interest in it, unless you rent your interest to another owner as his or her main home under a shared equity financing agreement;
  2. A member of your family or of a family of any other person who has an interest in it, unless the family member uses it as his or her main home and pays a fair rental price;
  3. Anyone under an agreement that lets you use some other dwelling unit; or
  4. Anyone at less than fair rental price.

If you use the dwelling unit for both rental and personal purposes, you generally must divide your total expenses between the rental use and the personal use based on the number of days used for each purpose. However, you will not be able to deduct your rental expense in excess of your gross rental income."

 

Second, the scenario that you describe would seem to be a rental not for profit. Having a family member live rent free in order to rent one half of the house would seem to preclude that the activity was engaged in for profit.

 

See Personal Use of Business Property (Condo, Timeshare, etc.) for details:

"If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income.

Any rental expenses in excess of rental income cannot be carried forward to the next year."

 

So, even without getting to the issue of whether or not it would be a valid

deductible business expense to allow your daughter to live rent free in exchange for management services, there are specific provisions in the tax code that will not allow you to deduct expenses that are more than the rent that is actually paid.

 

You can set it up as you described; but there is no tax benefit to such arrangement.

Compliments to you, though, on trying to pay the least possible legal amount of tax.

jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3029
Experience: I've prepared all types of taxes since 1987.
jgordosea and 2 other Tax Specialists are ready to help you
Expert:  William Ellis, CPA replied 3 years ago.
Good morning. I have two questions for you to help me guide you.

First, are you still living in the home?

Second, are you collecting the rent from your daughter's friend or is your daughter "sub-leasing" the space?

Thanks,

Bill Ellis

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