A creative lease agreement for the 250k tax exclusion

A creative lease agreement for the 250k tax exclusion

Member since 2019 · 7 posts · 0 votes

I bought a house last summer that I'm living in while fixing up.  I plan on taking advantage of the 250k tax exclusion of living in a personal property once it sells.  I would love to rent out a spare bedroom but as I understand it, that changes the type of property to an investment property and therefore invalidates the 250k capital gains exclusion.   I think if found a creative work around that works for my situation.  I'm very busy with business and having time to cook healthy meals have been a challenge.  So I have an ad to find someone who will prepare meals in exchange for living there for free.  I talked to my CPA and he said that it wouldn't be advisable to have a lease agreement, but a living agreement of house rules he feels comfortable with.  My concern is addressing the scenario when I need someone to move out or I need to be compensated for property damage, while still maintaining the living agreement format and binding nature of a lease.  Any suggestions?  The property is in Oregon by the way.

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Natalie KolodijBusiness Member
Moderator
Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
6y

Your CPA sucks. 

House hacking rooms within a SFH you live in DOES NOT impede your 121 exclusion at all.

You may have  a small bit of depreciation recapture but that's it. 

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    My suggestion would be to not play games with tax authorities as you may find yourself in prison. Why would an exchange of goods or services for housing be any different than an exchange of money for housing? 

  • Real Estate Agent · West Linn, OR · Member since 2018 · 54 posts · 38 votes
    6y
    Originally posted by @Scott Kirk:

    I bought a house last summer that I'm living in while fixing up.  I plan on taking advantage of the 250k tax exclusion of living in a personal property once it sells.  I would love to rent out a spare bedroom but as I understand it, that changes the type of property to an investment property and therefore invalidates the 250k capital gains exclusion.   I think if found a creative work around that works for my situation.  I'm very busy with business and having time to cook healthy meals have been a challenge.  So I have an ad to find someone who will prepare meals in exchange for living there for free.  I talked to my CPA and he said that it wouldn't be advisable to have a lease agreement, but a living agreement of house rules he feels comfortable with.  My concern is addressing the scenario when I need someone to move out or I need to be compensated for property damage, while still maintaining the living agreement format and binding nature of a lease.  Any suggestions?  The property is in Oregon by the way.

     I believe you need to get a second opinion from another CPA. If it is your primary residence and you live there 2 years and then sell, it seems you fit the criteria, even if you rent out a room. You should pay taxes on the rent, and might have depreciation recapture on the sale, but I don't think you would have capital gains. I am not a tax pro, but there are some on here that i think would answer this, for free

  • Real Estate Agent · West Linn, OR · Member since 2018 · 54 posts · 38 votes
    6y
  • Member since 2019 · 7 posts · 0 votes
    6y
    Originally posted by @Nels Norquist:
    Originally posted by @Scott Kirk:

    I bought a house last summer that I'm living in while fixing up.  I plan on taking advantage of the 250k tax exclusion of living in a personal property once it sells.  I would love to rent out a spare bedroom but as I understand it, that changes the type of property to an investment property and therefore invalidates the 250k capital gains exclusion.   I think if found a creative work around that works for my situation.  I'm very busy with business and having time to cook healthy meals have been a challenge.  So I have an ad to find someone who will prepare meals in exchange for living there for free.  I talked to my CPA and he said that it wouldn't be advisable to have a lease agreement, but a living agreement of house rules he feels comfortable with.  My concern is addressing the scenario when I need someone to move out or I need to be compensated for property damage, while still maintaining the living agreement format and binding nature of a lease.  Any suggestions?  The property is in Oregon by the way.

     I believe you need to get a second opinion from another CPA. If it is your primary residence and you live there 2 years and then sell, it seems you fit the criteria, even if you rent out a room. You should pay taxes on the rent, and might have depreciation recapture on the sale, but I don't think you would have capital gains. I am not a tax pro, but there are some on here that i think would answer this, for free



    Thanks, Nels. Do you know of any good CPAs who really know their stuff? I live in Oregon as well.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    Your CPA sucks. 

    House hacking rooms within a SFH you live in DOES NOT impede your 121 exclusion at all.

    You may have  a small bit of depreciation recapture but that's it. 

  • Real Estate Agent · West Linn, OR · Member since 2018 · 54 posts · 38 votes
    6y

    @Scott Kirk I have seen a few in the forum that answer questions, and this is federal questions so wouldn't have to be local. I will message you a local one. but you could try @Daniel Hyman, I have seen some good posts from him

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    6y

    +1 for your CPA sucks.  As @Natalie Kolodij indicated, if the house is your primary residence, it will qualify for the $250,000 Section 121 Exclusion on the capital gains if/when you sell.  You will have some depreciation recapture.

    PS.  There are two reasons why your CPA sucks.  The first is that they don't know about the 121 exclusion, even if you're renting out a room.  The second is that they are recommending tax fraud.  Although it's not discussed much, barter services are actually still taxable.  What your CPA has recommended is you receiving rent "income" in the form of a personal service barter, so you would still technically have to report the value of the chef services as rental income.

    Now it's true, most people don't report barter services, but in this case there is a vast difference between what the tax regulation states vs what people actually do.

    For example, as a CPA, if I do your tax return in return for mowing the lawn at my house, I would still have to value the amount of your lawnmowing and declare that as income.  I would then have a personal expense of my lawn, so no deduction.

    However, if I do your taxes and you, in return, work on my car (which may be a 100% vehicle expense for me), it's less of an issue.  While the IRS would still want to see me declare the income of, say $100, and then a correspoding vehicle expense of $100, I am much less likely to get in trouble than for a situation where you're exchanging a taxable service income for a personal service expense.

    But yeah - first advice is to find a new tax pro.

  • Real Estate Agent · West Linn, OR · Member since 2018 · 54 posts · 38 votes
    6y

    Haha, thanks @Natalie Kolodij and @Linda Weygant.... I was thinking it, but didn't want to say it. Great info, thanks for sharing

  • Investor/RE Broker · Eugene, OR · Member since 2014 · 3k+ posts · 968 votes
    6y

    @Scott Kirk I was very surprised to read that your CPA gave advice that was so contradictory of the tax law as I understood it.  Listen to other posters, especially @Natalie Kolodij above, and fire your CPA.

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