Renting to Mom - Tax Strategy

Renting to Mom - Tax Strategy

Mark S.Pro Member
Rental Property Investor · KY · Member since 2013 · 1k+ posts · 540 votes
Mom is getting older and it likely makes sense for her to move out of her house. She is retired and her income is low. I'm exploring the possibility of buying a house and "renting" to her. Trying to figure out the best overall strategy for this. Primary considerations: - Repositioning assets to allow her to potentially qualify for Medicaid in the future, if needed (considering annuitizing portion of lump sum cash she'll receive from sale of her house to make future "rent" payments). - Avoiding taxes to the extent possible (considering having her "gift" me the rent and then just use that money to pay the mortgage - which appears to avoid loaning her money, avoid the need to claim rental income, etc.). I'm not looking to make money on my mother, so I wouldn't care to have her gift the exact amount of the PITI mortgage payment. I will consult with a CPA and attorney for personalized advice, but just curious if I'm thinking about this the right way or if there's something I'm missing that may have adverse tax consequences (for example, not being able to deduct mortgage interest if the "rent" money received is gifted, etc.)
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  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Mark S.

    Talk to your accountant about the scenario of charging less than fair market rent. It can create problems if you rent to a "relative" for less than fair rent. If you rent it for less than fair rent to a relative, each day below fair market rent becomes a "personal day". With personal days, you have to take the income on your tax return but you can't write off the "rental" expenses, just the mortgage interest and property taxes.

  • Mark S.Pro Member
    OP
    Rental Property Investor · KY · Member since 2013 · 1k+ posts · 540 votes
    9y

    Good point, @Christopher Phillips.  

    Let's assume I am charging fair market rent (so now, I guess I may be "making money" on the deal at this point), does that change either of the above two considerations?

  • Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y

    @Mark S.

    As long it's fair market rent it should work. That would avoid the personal days and allow you to write off the rental related expenses. See what your accountant says...

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