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#5
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| Benjamin Yazersky CPA wrote: [...] - quote - > I have a different perspective here.
That was actually my second idea, (see quoted text earlier).> If you are renting below fmv, or allowing a relative to live rent free, it > would simply be treated as a personal residence. - quote - > So, if you only have one other personal residence you could then deduct the > mortgage int & property taxes. To bring the thread back to the beginning, there is no limit on how many real properties you can deduct ad valorem taxes on. Only personal mortgage interest is limited to at most two properties. -Mark Bole -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#4
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| "Mark Bole" <makbo[at]pacbell.net> wrote in message news:C7TMj.20196$%41.15159[at]nlpi064.nbdc.sbc.com... - quote - > removeps-groups[at]yahoo.com wrote: > > On Apr 13, 1:03 pm, "Annie" <An...[at]nothere.com> wrote: > > > > > You may have a not-for-profit rental activity, and you are making a > > > > gift > > > > of the rent to your mother. > > > If you have a not-for-profit rental, then expenses are limited to the > > amount of income, right? And what about depreciation? Seems you have > > to take depreciation, but then can't deduct it because your rental > > income is zero. > Well, the imputed rent would not be zero. There would be rent, and then a > gift of the rent. > > Anyway, is there a requirement that the home has to be treated as a > > rental? Couldn't it just be an investment home owned by the brother > > and sister, in which case depreciation and the complications of > > Schedule E don't arise. > I thought about that after I posted. Without taking the time to research > the pubs for things I read once and only half-remembered, I think you are > right. Better yet, it could just be a second home that a close relative > is living in (might not apply if it was a non-related person). > In fact, if the parent has little income and more than half the support > (including free rent) is provided by either or both children, there might > be a dependency exemption and even head of household -- sorry for the > sloppy reply, it is April 14th after all. That is the power of "may" and > "might"! ;-) > > You may need to file a partnership return 1065 to split the property > > tax between you and your brother. > Now, that one I'm pretty sure is not the case, no matter what. Expense > and income splitting on a passive activity rental property is allowed on > Schedule E. > -Mark Bole > -- I have a different perspective here. If you are renting below fmv, or allowing a relative to live rent free, it would simply be treated as a personal residence. So, if you only have one other personal residence you could then deduct the mortgage int & property taxes. -- ___________________________________ <<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <----- "This written advice was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer." (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.) The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| removeps-groups[at]yahoo.com wrote: - quote - > On Apr 13, 1:03 pm, "Annie" <An...[at]nothere.com> wrote:
Well, the imputed rent would not be zero. There would be rent, and then> > > You may have a not-for-profit rental activity, and you are making a gift > > > of the rent to your mother. > If you have a not-for-profit rental, then expenses are limited to the > amount of income, right? And what about depreciation? Seems you have > to take depreciation, but then can't deduct it because your rental > income is zero. a gift of the rent. - quote - > Anyway, is there a requirement that the home has to be treated as a
I thought about that after I posted. Without taking the time to> rental? Couldn't it just be an investment home owned by the brother > and sister, in which case depreciation and the complications of > Schedule E don't arise. research the pubs for things I read once and only half-remembered, I think you are right. Better yet, it could just be a second home that a close relative is living in (might not apply if it was a non-related person). In fact, if the parent has little income and more than half the support (including free rent) is provided by either or both children, there might be a dependency exemption and even head of household -- sorry for the sloppy reply, it is April 14th after all. That is the power of "may" and "might"! ;-) - quote - > You may need to file a partnership return 1065 to split the property
Now, that one I'm pretty sure is not the case, no matter what. Expense> tax between you and your brother. and income splitting on a passive activity rental property is allowed on Schedule E. -Mark Bole -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| On Apr 13, 1:03*pm, "Annie" <An...[at]nothere.com> wrote: - quote - > > You may have a not-for-profit rental activity, and you are making a gift
If you have a not-for-profit rental, then expenses are limited to the> > of the rent to your mother. amount of income, right? And what about depreciation? Seems you have to take depreciation, but then can't deduct it because your rental income is zero. Anyway, is there a requirement that the home has to be treated as a rental? Couldn't it just be an investment home owned by the brother and sister, in which case depreciation and the complications of Schedule E don't arise. - quote - > Many thanks for your help! *It's appreciated! *
You may need to file a partnership return 1065 to split the property![]() tax between you and your brother. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| "Mark Bole" <makbo[at]pacbell.net> wrote in message news:umpMj.1003$FF6.33[at]newssvr29.news.prodigy.net... - quote - > Annie wrote:
Many thanks for your help! It's appreciated! > > Hi, > > > My brother and I jointly own a condo that our mother is living in, > > rent-free. I was told I can't take my share of the property tax off of > > our taxes because it is not my primary residence. Is this true? > > > Thank you!! > Nope. If you pay the property tax for real property you own anywhere, it > can be deducted either against rental income or on Schedule A. Mortgage > interest is limited to first and second home only. > You may have a not-for-profit rental activity, and you are making a gift > of the rent to your mother. > -Mark Bole ![]() -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| Annie wrote: - quote - > Hi,
Nope. If you pay the property tax for real property you own anywhere,> My brother and I jointly own a condo that our mother is living in, > rent-free. I was told I can't take my share of the property tax off of our > taxes because it is not my primary residence. Is this true? > Thank you!! it can be deducted either against rental income or on Schedule A. Mortgage interest is limited to first and second home only. You may have a not-for-profit rental activity, and you are making a gift of the rent to your mother. -Mark Bole -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| Hi, My brother and I jointly own a condo that our mother is living in, rent-free. I was told I can't take my share of the property tax off of our taxes because it is not my primary residence. Is this true? Thank you!! -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
| Tags |
| deduction, nonrental, property, tax |
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