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I agree with @TomD8. Further @NeedHelpTaxez, you might want to discuss your scenario with a tax professional (or financial consultant who is familiar with income taxation and estate planning) for different options that might be available.

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Carl
Level 15

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Yes, she needs to report the rental income, as rental income. Every penny of it. That's because while the mortgage interest is a deductible expense, the mortgate principle is not. The mortgage principle is taxable income to your mother. So she is making a profit. (well, not yet, but keep reading)

Your mother reports every penny you give her and she reports it as income on SCH E as a part of her own 1040 tax return. If she is the one paying the utilities, then she can claim those utilities as a rental expense on the SCH E also.

I give her around $800-950 a month while the Fair Market Value is around $1,000-1,400?

You need to check listings for the local area to confirm she is "in fact" renting at below FMRV. Generally, if paying rent below 25% of the FMRV, then you're renting at below FMRV.  So if the average in your area for a comparable property is $1250, there's no question she's renting well below FMRV. The issue with that is, when renting below FMRV the owner's carry forward losses are not allowed and they just lose them permanently and forever. That means when the owner sells, transfers or otherwise disposes of the property, their tax bill on the sale or other disposition is going to be larger than it would if they rented at FMV.

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.

 

 

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TomD8
Level 15

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When a home is rented at less than the fair rental value to a family member, it is treated as being used personally (Reg Sec 1.280A-1(e)(2)).  Since it is rental property which the taxpayer is treated as using personally, the taxpayer would have to allocate the expenses between the personal and rental portions of the year.

https://www.law.cornell.edu/uscode/text/26/280A

 

However, since all of the rental days (at a bargain rate to a relative) are treated as personal days, the rental portion is zero. So none of the expenses are deductible, other than property taxes and mortgage interest, assuming the interest would otherwise qualify as second home mortgage interest.  

 

 

Since it is not a rental, the income would be reported as “other income” (line 21 of the 1040) and the mortgage interest and taxes deducted on Schedule A, assuming the landlord is itemizing deductions. Schedule E would not be used. 

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

Solved

I agree with @TomD8. Further @NeedHelpTaxez, you might want to discuss your scenario with a tax professional (or financial consultant who is familiar with income taxation and estate planning) for different options that might be available.

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