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Old 02-23-2009, 01:02 AM
Dick Adams
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Default Re: Calif. renter's credit vs. employer lodging

Mark Bole <makbo[at]pacbell.net> wrote:

- quote -

> I'm not sure that rent payments must always be in the form
> of cash, after all many discussions here have revealed that
> bartering of services for rent is in fact income (to both
> landlord and tenant) in most cases.


Agreed as to the tenant who must declare the barter as income
possibly subject to Schedule C. OTOH the landlord recognizes
the barter as income an writes it off as an expense.

- quote -

> What makes the CA renter's credit different, is that it is
> based indirectly on *property* tax (homestead exemption), not
> income tax, so the fact that tax free income (value of labor)
> is used to pay for rent might not matter in the end.


That would be true if barter was tax free income.

- quote -

> Oh well, I have some additional reference material to yet look
> at, and maybe Katie J. will come along with the definitive answer,
> as she so often does! ;-)


I don't always agree with Katie. But when I don't she explains
why I am wrong.

Dick

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #2  
Old 02-22-2009, 03:27 PM
Mark Bole
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Default Re: Calif. renter's credit vs. employer lodging

Dick Adams wrote:
- quote -

> Mark Bole <makbo[at]pacbell.net> wrote:
> > If taxpayer receives tax-free employer-provided lodging in a
> > privately-owned (non-profit) senior care facility, does that
> > count as "paying rent" for purposes of the Calif. renters credit?
> > > If the facility is already exempt from property tax (which I do not

> > know), then it's moot, no renter's credit. Otherwise, it depends on
> > whether the tax-free income in the form of free lodging is still
> > considered a "payment", my guess is "yes".

> Does not the renters credit require that you actually paid rent?
> So if TP wants the renters credit, the value of the rent would
> have to be recaptued into earned income. Not a good idea!



Thank you Dick and D. Stussy. My initial take also was "no", and that's
how it ended up on the client's return, but when I later could not find
a clear statement in the FTB docs, I got to thinking (always a dangerous
pastime!)

On the year-end statement accompanying the W-2, the value of
meals/lodging was in fact included in gross wages, but then subtracted
out just like Sec. 125 deductions to arrive at the Box 1 amount.

I'm not sure that rent payments must always be in the form of cash,
after all many discussions here have revealed that bartering of services
for rent is in fact income (to both landlord and tenant) in most cases.

What makes the CA renter's credit different, is that it is based
indirectly on *property* tax (homestead exemption), not income tax, so
the fact that tax free income (value of labor) is used to pay for rent
might not matter in the end.

Oh well, I have some additional reference material to yet look at, and
maybe Katie J. will come along with the definitive answer, as she so
often does! ;-)

-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. > << ------------------------------------------------------- >
  #1  
Old 02-22-2009, 01:21 PM
Dick Adams
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Posts: n/a
Default Re: Calif. renter's credit vs. employer lodging

Mark Bole <makbo[at]pacbell.net> wrote:

- quote -

> If taxpayer receives tax-free employer-provided lodging in a
> privately-owned (non-profit) senior care facility, does that
> count as "paying rent" for purposes of the Calif. renters credit?
> If the facility is already exempt from property tax (which I do not
> know), then it's moot, no renter's credit. Otherwise, it depends on
> whether the tax-free income in the form of free lodging is still
> considered a "payment", my guess is "yes".


Does not the renters credit require that you actually paid rent?

So if TP wants the renters credit, the value of the rent would
have to be recaptued into earned income. Not a good idea!

Dick

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
 
Old 02-22-2009, 12:49 PM
D. Stussy
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Posts: n/a
Default Re: Calif. renter's credit vs. employer lodging

"Mark Bole" <makbo[at]pacbell.net> wrote in message
news:aY3ol.11110$hc1.4831[at]flpi150.ffdc.sbc.com...
- quote -

> If taxpayer receives tax-free employer-provided lodging in a
> privately-owned (non-profit) senior care facility, does that count as
> "paying rent" for purposes of the Calif. renters credit?


If no money changed hands, there's no rent paid; thus no credit.

- quote -

> If the facility is already exempt from property tax (which I do not
> know), then it's moot, no renter's credit. Otherwise, it depends on
> whether the tax-free income in the form of free lodging is still
> considered a "payment", my guess is "yes".


Non-profit organizations don't pay property taxes if they own the property.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #-1  
Old 02-22-2009, 02:51 AM
Mark Bole
Guest
 
Posts: n/a
Default Calif. renter's credit vs. employer lodging

If taxpayer receives tax-free employer-provided lodging in a
privately-owned (non-profit) senior care facility, does that count as
"paying rent" for purposes of the Calif. renters credit?

If the facility is already exempt from property tax (which I do not
know), then it's moot, no renter's credit. Otherwise, it depends on
whether the tax-free income in the form of free lodging is still
considered a "payment", my guess is "yes".

-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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