Rent House

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  • Bird Legs
    Senior Member
    • Jun 2005
    • 990

    #1

    Rent House

    Client, couple, bought a house in 1970 for 5,000. and had it moved onto a lot they owned
    and moved in.
    In 2004, the couple moved out of house and turned it over to son & wife in exchange
    for the son & wife to fix it up, repairs, improvements, etc.
    The "renters" then spent about $8,000. in 2004 in new appliances, fixing up the bath
    bedrooms, etc.
    In 2005, they spent very little in order to build their cash back up.
    Then in 2006, the renters added fence, new roof, etc.
    How would this be handled on the 2004, 2005 & 2006 income tax return of my
    clients, the parents?
    As rental income, with the cost of improvements being the rent? A flat rate per
    month, or just forget about it?
    Your wisdom, guidance, and smarts are all appreciated.
    Just sitting here in the middle of Tx wishing for rain.
  • solomon
    Senior Member
    • Aug 2006
    • 1012

    #2
    Legal Title

    Does your client still have title to the property? If so, who is paying the property taxes? If client passed title to the son the FMV at that time would be considered a gift. If client is still legal owner, then the son is considered the equitable or beneficial owner. In any case, I would not consider it income to your client. The son is just increasing the basis of the house.

    Comment

    • Bird Legs
      Senior Member
      • Jun 2005
      • 990

      #3
      Rent House

      Client has title to rent house. Client pays the real estate tax on it.
      Client is letting the son & wife live there rent free in exchange for the
      repairs & improvements.

      Comment

      • Unregistered

        #4
        The improvements and repairs are rent to the landlord. The landlord will amortize or deduct the items on their return. The landlord is not really giving the home rent free. The next question is whether the home is being rented at fmv.

        Comment

        • Kram BergGold
          Senior Member
          • Jun 2006
          • 2112

          #5
          Bird

          I think this is a facts and circumstances case. There is nothing in the law that says you can't let your child live in a house rent free. However if there is a quid pro quo that I let you live there and in exchange you make improvements this is barter, ergo rent. It sounds to me, in your case, there is a quid pro quo and you are stuck dealing with rent. Too bad the client just out of the goodness of his heart didn't just let his kid live there and then kid just made some improvements to make the house more comfortable for his own use.

          Comment

          • Bird Legs
            Senior Member
            • Jun 2005
            • 990

            #6
            FMV Rent

            House that cost $5,000. 30 yrs. ago is not going to rent for a lot of money.
            That 5,000. includes moving it to the lot.
            Thought maybe $500. per month.
            your response is greatly appreciated.

            Comment

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