Tenant paying below FMR, is difference subject to tax?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    Tenant paying below FMR, is difference subject to tax?

    I know IRC @ 280A relates the Landlord/taxpayer charging below FMR (fair market rent) on residential rental but what about the tenant? If the FMR is $1000/mo and tenant is paying $200 a month, does the tenant need to report the difference of $800/mo as income on their tax return?
  • ATSMAN
    Senior Member
    • Jul 2013
    • 2415

    #2
    No. If yes then I am in trouble!
    Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

    Comment

    • David1980
      Senior Member
      • Feb 2008
      • 1703

      #3
      Depends on why. If my employer happens to own an apartment building and he gives me reduced rent in exchange for working Saturdays without pay yeah. If it's more of a gift then no.

      Comment

      • ATSMAN
        Senior Member
        • Jul 2013
        • 2415

        #4
        I don't think the OP mentioned if the landlord was also the taxpayer's employer. OP can you clarify?
        Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          Originally posted by David1980
          Depends on why. If my employer happens to own an apartment building and he gives me reduced rent in exchange for working Saturdays without pay yeah. If it's more of a gift then no.
          If the landlord is offering low rent due to the tenant performing any kind of services (like management of the bldg), then it is compensation. Otherwise, why would he do it?

          Comment

          • AZ-Tax
            Senior Member
            • Feb 2008
            • 2604

            #6
            Answers

            Originally posted by Burke
            If the landlord is offering low rent due to the tenant performing any kind of services (like management of the bldg), then it is compensation. Otherwise, why would he do it?
            POA is Son of TP, tenant is Son of POA or TP's grandson. Not aware of tenant doing any repairs, maintenance, management etc.

            Comment

            • David1980
              Senior Member
              • Feb 2008
              • 1703

              #7
              Originally posted by Burke
              If the landlord is offering low rent due to the tenant performing any kind of services (like management of the bldg), then it is compensation. Otherwise, why would he do it?
              Exactly my point. Just pointing out that reduced rent could by compensation - depends on the "why" someone has reduced compensation. Same question could apply to anything - even cash. If someone gives me $10,000 cash do I have to report that as income? maybe.

              Originally posted by AZ-Tax
              POA is Son of TP, tenant is Son of POA or TP's grandson. Not aware of tenant doing any repairs, maintenance, management etc.
              Renting to family at reduced rates is pretty common, and wouldn't make it compensation to them. The same way if grandfather gives grandson a check as a birthday gift for $10,000 it isn't income to grandson.

              Comment

              • taxea
                Senior Member
                • Nov 2005
                • 4292

                #8
                property owner can only take expenses equal to rent or only property tax and mortgage interest equal to rent on Sch A. No tax issues for renter.
                Believe nothing you have not personally researched and verified.

                Comment

                Working...