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hughesbud
New Member

Bought a home for in laws do i have to treat it as rental property?

Mom pays portion of the mortgage, do I have to treat the house as rental property?

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TomD8
Level 15

Bought a home for in laws do i have to treat it as rental property?

You can't treat it as rental property unless they're paying you fair market rent.  If a house is rented to a family member, those days are treated as personal use days by the owner of the property, unless the property is rented for fair market value for use as the family member’s principal residence.

Fair market rent is the rent you'd charge to an unrelated person to rent the property, or the going rental rate in your area for similar properties.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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4 Replies
TomD8
Level 15

Bought a home for in laws do i have to treat it as rental property?

You can't treat it as rental property unless they're paying you fair market rent.  If a house is rented to a family member, those days are treated as personal use days by the owner of the property, unless the property is rented for fair market value for use as the family member’s principal residence.

Fair market rent is the rent you'd charge to an unrelated person to rent the property, or the going rental rate in your area for similar properties.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
hughesbud
New Member

Bought a home for in laws do i have to treat it as rental property?

Awesome, that will really help us.  Thanks for the information
jpd43
New Member

Bought a home for in laws do i have to treat it as rental property?

I am renting a property to my son for less than market value. When I fill out the form it asks for # of days at market value and number of days personal use. I put 0 market value and 365 personal use and it seems to not be correct. What gives?

TomD8
Level 15

Bought a home for in laws do i have to treat it as rental property?

A property rented to a family member at below Fair Market Rental Value is not considered a rental property at all for tax purposes.

You are in the section of TT asking questions about rental properties.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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