Rental property with child as tenant

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  • ScottW
    Junior Member
    • May 2019
    • 8

    #1

    Rental property with child as tenant

    Taxpayer and wife own a rental property and their child lives in it. The child pays the $2k/month mortgage (which includes the RE taxes).

    Is there any way to set things up so the taxpayer doesn't have to report the rental income (gift to/from the child, etc)?

    Thanks
  • TAXNJ
    Senior Member
    • Jan 2007
    • 2106

    #2
    Originally posted by ScottW
    Is there any way to set things up so the taxpayer doesn't have to report the rental income (gift to/from the child, etc)?

    Thanks
    SeeWhat is considered a gift.”

    https://www.irs.gov/businesses/small...-on-gift-taxes
    Always cite your source for support to defend your opinion

    Comment

    • New York Enrolled Agent
      Senior Member
      • Nov 2006
      • 1530

      #3
      Originally posted by ScottW
      Taxpayer and wife own a rental property and their child lives in it. The child pays the $2k/month mortgage (which includes the RE taxes).

      Is there any way to set things up so the taxpayer doesn't have to report the rental income (gift to/from the child, etc)?

      Thanks
      The Supreme Court in Duberstein said a gift ".. proceeds from a detached and disinterested generosity...". IMO, your post makes that test a hard sell.

      Comment

      • ScottW
        Junior Member
        • May 2019
        • 8

        #4
        Good info on the gifts. Guess the parents should report the rental income on sch E, offset by mortgage interest, RE taxes, depr etc.

        Thanks!

        Comment

        • TaxGuyBill
          Senior Member
          • Oct 2013
          • 2321

          #5
          Originally posted by ScottW
          Good info on the gifts. Guess the parents should report the rental income on sch E, offset by mortgage interest, RE taxes, depr etc.

          Thanks!

          Is it being rented at Fair Rental Value? If not, it does not go on Schedule E. The income would be "other income", and the mortgage interest and real estate tax would be on Schedule A.

          Comment

          • FEDUKE404
            Senior Member
            • May 2007
            • 3646

            #6
            Originally posted by TaxGuyBill


            Is it being rented at Fair Rental Value? If not, it does not go on Schedule E. The income would be "other income", and the mortgage interest and real estate tax would be on Schedule A.
            A-MEN to that !!

            Comment

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