Saving on Taxes by Building an ADU for my Parents?

Saving on Taxes by Building an ADU for my Parents?

Member since 2023 · 72 posts · 44 votes

I'm a W2 employee who might move closer to their parents to help them in their later stages of life. Their home is very small and located in California. I was thinking about building an ADU for me to live in to accomplish this. I wouldn't be the owner since my parents own the home and the lot that it sits on.

That being said, is there any chance that I could still get tax deductions for building this ADU?
Thanks in advance for any help!

Note: I was looking into the Short-Term Rental Loophole (e.g., rent it out for on average less than 7 days per a stay) and could definitely demonstrate material participation (e.g., designing/developing ADU, furnishing it etc.) But I'm not sure if I could take the bonus depreciation if I am not the owner of the ADU. Any help is much appreciated!

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  • Metro NY + New Bedford · Member since 2022 · 294 posts · 216 votes
    2y

    Check out the IRS own guidance for dealing with these questions:  Passive Activity Losses

  • Accountant · Austin, TX · Member since 2016 · 72 posts · 72 votes
    2y

    Are you saying you would plan to rent it out to renters for some number of years before you move into it?

  • Accountant · San Diego, CA · Member since 2019 · 1k+ posts · 552 votes
    2y

    Hey @Forest Wu, 

    you indeed need to own the property to claim bonus depreciation on it. 

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