Rental Property Investor · Phoenix · Member since 2018 · 3 posts · 0 votes
I am looking at purchasing a property that is zoned for residential and commercial, its a perfect spot to open a gift shop. My mother will be living there and running the store, and I would be the Landlord and partner to the business. I am trying to figure out the best pay to assemble this deal so we are maximizing our tax benefits. Should I just be the landlord and open the gift shop in her name? Or should I put both in my name and pay her a salary as an employee?
regarding the rental portion - You want to charge your mother market rent. Anything below market rent and the IRS can say you are not treating it as a rental and take away your deductions.
Regarding the commercial use - I would talk with your mother in regards to how you both want to be compensated from the venture. If you are the owner and she is the employee; she is pretty much getting an hourly rate but doesn't benefit from the upside if the business does well. She also doesn't lose out on much if the business fails. I would talk with a lawyer and see how it is best to set-up the agreement. It is best to start the conversation now instead of later when there are disagreement over pay down the road.