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Do I have to claim my roommates rent on the house I own if she pays below fair market value?

 
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9 Replies

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

If this is a non formal cost sharing situation and not a formal rental then you don't need to report the income.  

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

What if she claims it on her taxes? Does that change things?

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

How exactly is she claiming it on her taxes ?  

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

So she pays $500/month. I use that money to pay utilities and part of my mortgage. I definitely do not make a profit. When she does her taxes there’s a question do you pay rent? She says yes and gets the max of $3000. (We are in MA)

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

If she is treating this as a formal rental then you must also on the Sch E.  

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

Sounds good. Thank you for your input!! It was definitely helpful!

Hal_Al
Level 15

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

I don't see a requirement, in MA rent deduction rules, that requires the landlord to be filing a federal tax return for the tenant to claim the state deduction.

References: https://www.mass.gov/service-details/deductions-on-rent-paid-in-massachusetts

https://www.mass.gov/regulations/830-CMR-6231-rent-deduction

 

"Rent" for the purposes federal income tax law doesn't have to be the same for purposes  of the MA rule.

 

Roommate Room mate rental

If this is merely a cost sharing arrangement where the amount paid is below fair market rental, there would be no reportable income to you. If the “rent” amount is fair market value, or more, there is still some question as to whether you even have to report it, as it almost always comes out zero. Most people take the attitude that it is not income; it's just room mates sharing expenses and ignore it. Family, as opposed to unrelated roommates, makes that position stronger.

 

Here’s what you may be required to do:

Report the income (enter at Rents & Royalties/Income & expenses from Rental Properties); and then deduct the expenses on schedule E. If the room mate has full run of the house, and there's just the 2 of you, then half your expenses are deductible (mortgage interest, property taxes, insurance, utilities, repairs, and depreciation [if needed}). Your net income will usually be less than zero.

What you are NOT allowed to do, because it is your own home (you have "personal use") is claim a loss from this activity, to offset other income. Because of the "personal use rule", your deductions are limited to your income. Net effect ZERO.

It is possible for you to gain a positive tax effect from this activity; If enough of your schedule A deductions (mortgage interest &  property tax) are shifted to Schedule E, and your standard deduction becomes bigger than your itemized deductions, you will have effectively saved on taxes.

If you have no mortgage, then there could well be profit involved, which you may have to offset with depreciation that could lead to "recapture" in the future when the property is sold.

https://www.irs.gov/publications/p527/ch04.html#en_US_2014_publink1000219159

TurboTax (TT) does not handle this properly. TT will not limit your deductions to your income. You have to do that manually. TT wants you to enter this as a “not for profit rental”, which does not use Schedule E and puts your limited expenses on Schedule A (itemized deductions). I'm of the opinion that's not the proper way.

 

Do I have to claim my roommates rent on the house I own if she pays below fair market value?

Great, thank you!!

Do I have to claim my roommates rent on the house I own if she pays below fair market value?


@Hal_Al wrote:

I don't see a requirement, in MA rent deduction rules, that requires the landlord to be filing a federal tax return for the tenant to claim the state deduction.


 

The OP called it "rent" and the tenant is making a legal declaration that it is "rent" by claiming that on her tax return.  So both parties are saying it is "rent", not just some cost-sharing.  So in my opinion, there is no basis to not report it as rent.

 

Unfortunately, as Hal-Al pointed out, below-market "rent" may be even more problematic, and it is possibly you would not be allowed to claim deduction for it.  I think the program does guide you in that matter, but whether or not it is a not-for-profit rental can be complicated.

 

 

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