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Rental property with child as tenant

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    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

    #2
    Originally posted by ScottW View Post
    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


      #3
      Originally posted by ScottW View Post
      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


        #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


          #5
          Originally posted by ScottW View Post
          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


            #6
            Originally posted by TaxGuyBill View Post


            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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