Can seller rent back payment be treated as reduction of the house purchase price?

[zhongjp058]

I purchased a house for my primary residence, which is closed in April, 2017. In the purchase contract, there is a seller rent back agreement to allow the seller rent it back for a month. And we did not move in to the house until a month later in May, 2017. The seller paid me some money as the rent for that month. From other posts (Like this: https://ttlc.intuit.com/questions/3383082?_ans=1&_pos=3&_src=sapi&_tot=259951&from=sapi&tags😃 it seems I have 2 options for the payment: 1. Treat it as reduction of the purchase price. 2. Report it as not for profit rental income. I prefer #1 so I don't have to pay tax on the payment, however I can find any IRS reference which states this is an option. Can anyone share the IRS reference which confirms #1 is an option?

[kerriP]

Well good news.  The correct way to treat the rent payment  in my view is a reduction in purchase price or basis. This is one of those areas where there is nothing in black and white.

Per Pub 527, payments received for several /various things decrease basis.  An amount you receive for granting an easement reduces the basis or cost of the property  Granting the seller a rent back is similar to an easement and could be handled the same.  Since this was in the sales contract and the buyer received money back at closing, I believe it is a reduction in sales price or basis.  

[zhongjp058]

@TurboTaxKerriP Thank you very much for your answers! It helps a lot!

[ccr12189]

We provided the elderly owner free rent back for 2 months as an incentive to sell in February but not have to move out until she found an apartment.  How is that situation handled?  

[Critter-3]

You did something for free then there is no income to report or a deduction to take.