I'm renting my second home to my parents. They are paying the HUD market value but its not the real market value of what I could make. They are just paying the mortgage and utilities so I'm not making money.
My questions is: My parents are going to pay me rent in cash every month. Do I need to claim that money as income on my taxes? Can I claim it as a gift? Can I use it to pay my credit cards monthly? Or should I make the status of my home a rental home and go that route?
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First rule of income tax is that all income from whatever source is taxable unless there is a specific exception.
There is an exception for gifts. https://www.law.cornell.edu/uscode/text/26/102 But what you describe is not a gift. There are lots of cases about this but the bottom line is that a gift giver makes the gift because they want to not because they are getting something. It is the whole situation that determines whether or not they are getting something. Here your parents are clearly getting something. See, e.g. https://en.wikipedia.org/wiki/Commissioner_v._Duberstein
So you do need to declare the income. The question is how? Frequently rentals to family members are not intended to make money. Rather they are intended to help the family member while paying off the property expenses. These are "not for profit" rentals. That is probably a good way to go. You can deduct the expenses but only up to the rental income that you receive. I don't believe you need to depreciate either, which means your basis for eventual sale won't change. (but verify that).
[Please realize, since many people don't, that a mortgage is not deductible in full because principal payments simply reduce the balance owed. (e.g. you pay $1000 mortgage payment, $900 interest, $100 principal. $900 is deductible as a rental expense (or if you live there itemized deduction), $100 is not. But you have in essence moved $100 from your bank account into the value of the house. If you sell the house you get that $100 back. So you don't get to deduct it.]
Anyway this this is a long previous discussion about non-for-profit rentals. I suggest you read it in depth and ask again if you have followup questions.
My parents are going to pay me rent in cash every month. Do I need to claim that money as income on my taxes?
Yes, and no exceptions apply to that requirement either.
Can I claim it as a gift?
No, because it is not a gift any way you look at it. A gift is something given freely by the giver for nothing in return. Your parents are getting something in return. So this is not a gift any way you look at it.
Can I use it to pay my credit cards monthly?
What you do with the money is your business. The IRS could care less so long as your pay your taxes.
Or should I make the status of my home a rental home and go that route?
You don't really have a choice here on the legal front. It is a fact that it is a rental, and it can be proven because you receive compensation from another for it's use/occupancy.
They are paying the HUD market value but its not the real market value of what I could make.
Then would it be accurate to state that you are renting the property at "well" below it's FMRV? If so, there are consequences.
They are just paying the mortgage and utilities so I'm not making money.
Contrary to what you may think, you "are" making money. Though in the end you won't pay taxes on it because of rental expenses and depreciation you are required to take by law. Out of the mortgage payment, the principle part of that payment "is" taxable income (in a sense) to you. Only the mortgage interest is deductible. So you "are" making money. The fact you use that money to pay for the house (minus the interest) is irrelevant. A few things you need to be aware of here.
As you may be aware, all rental income/expenses is reported on SCH E as a physical part of your personal 1040 tax return. In the end, it is "EXTREMELY" uncommon for residential rental real estate to "EVER" show a taxable profit. That's because when you add up your rental deductions of property insurance, property taxes, mortgage interest and add that to the depreication you're required to take by law, it is extremely common for those deductions to exceed your total rental income for the entire tax year. Add to that the other rental expenses you're allowed to take if you pay them (repairs, maintenance, etc) and you're practically guaranteed to "NEVER" make a taxable profit on rental property. But you "will" have cash flow.
So ever year your rental deductions (called losses) will reduce your taxable rental income to ZERO, and any remaining losses just get carried over to the next year. That means with each passing year your carry over losses keep growing and accumulating. You don't get to "realize" those losses until the tax year you sell the property.
IN the tax year you sell the property your losses are first deducted from any taxable gain realized on the sale. If that gets your taxable gain to zero, then any remaining losses can be deducted for other "ordinary" income (such as W-2 wages) up to a maximum of $3000 per year until all those losses are used up. However, your situation won't get that option.
When renting at below FMRV and "especially" when renting below FMRV to family, your allowed losses are limited to the rental income received. Carry over losses are not allowed. You just "lose them" permanently and forever. So in the tax year you sell the property, you can fully expect to be taxed on every single penny of any gain realized on the sale.
So that's it for how the future is going to look on this. Below is details and clarifications you will need in order to set this up correctly in TurboTax, assuming 2019 is your first year renting this property out.
Rental Property Dates & Numbers That Matter.
Date of Conversion - If this was your primary residence before, then this date is the day AFTER you moved out.
In Service Date - This is the date a renter "could" have moved in. Usually, this date is the day you put the FOR RENT sign in the front yard.
Number of days Rented - the day count for this starts from the first day a renter "could" have moved in. That should be your "in service" date if you were asked for that. Vacant periods between renters count also PROVIDED you did not live in the house for one single day during said period of vacancy.
Days of Personal Use - This number will be a big fat ZERO. Read the screen. It's asking for the number of days you lived in the property AFTER you converted it to a rental. I seriously doubt (though it is possible) that you lived in the house (or space, if renting a part of your home) as your primary residence or 2nd home, after you converted it to a rental.
Business Use Percentage. 100%. I'll put that in words so there's no doubt I didn't make a typo here. One Hundred Percent. After you converted this property or space to rental use, it was one hundred percent business use. What you used it for prior to the date of conversion doesn't count.
RENTAL PROPERTY ASSETS, MAINTENANCE/CLEANING/REPAIRS DEFINED
Property Improvement.
Property improvements are expenses you incur that add value to the property. Expenses for this are entered in the Assets/Depreciation section and depreciated over time. Property improvements can be done at any time after your initial purchase of the property. It does not matter if it was your residence or a rental at the time of the improvement. It still adds value to the property.
To be classified as a property improvement, two criteria must be met:
1) The improvement must become "a material part of" the property. For example, remodeling the bathroom, new cabinets or appliances in the kitchen. New carpet. Replacing that old Central Air unit.
2) The improvement must add "real" value to the property. In other words, when the property is appraised by a qualified, certified, licensed property appraiser, he will appraise it at a higher value, than he would have without the improvements.
Cleaning & Maintenance
Those expenses incurred to maintain the rental property and it's assets in the useable condition the property and/or asset was designed and intended for. Routine cleaning and maintenance expenses are only deductible if they are incurred while the property is classified as a rental. Cleaning and maintenance expenses incurred in the process of preparing the property for rent are not deductible.
Repair
Those expenses incurred to return the property or it's assets to the same useable condition they were in, prior to the event that caused the property or asset to be unusable. Repair expenses incurred are only deductible if incurred while the property is classified as a rental. Repair costs incurred in the process of preparing the property for rent are not deductible.
Additional clarifications: Painting a room does not qualify as a property improvement. While the paint does become “a material part of” the property, from the perspective of a property appraiser, it doesn’t add “real value” to the property.
However, when you do something like convert the garage into a 3rd bedroom for example, making a 2 bedroom house into a 3 bedroom house adds “real value”. Of course, when you convert the garage to a bedroom, you’re going to paint it. But you will include the cost of painting as a part of the property improvement – not an expense separate from it.
@Carl be careful. A lot hinges on whether there this is a for-profit activity. No schedule E allowed, no depreciation if not, but rather 1040 Schedule 1 line 8 (other income). See IRS Pub 527 page 16. https://www.irs.gov/pub/irs-pdf/p527.pdf
To determine if it is not for profit review IRS Pub 535 pages 6-7 https://www.irs.gov/pub/irs-pdf/p535.pdf
There are numerous press articles on this including the following. They often discuss not only not-for-profit activity issues (including discounts from FMV for rental to relatives) but also the personal-use limitations, which don't seem to apply here.
https://www.cbsnews.com/news/when-renting-property-to-relatives-know-the-tax-rules/
One issue with the "not for profit" deal and claiming it as other income is that expenses are limited and are a SCH A deduction subject to SALT limits and mortgage interest limits, Makes it impossible for most for their itemized SCH A deductions to exceed their standard deduction. With a SCH E rental, at least the rental income won't be taxable in the end.
Usually not a bad idea to work it both ways keeping in mind the required depreciation recapture on the sale of SCH E property.
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