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Buy the old folks’ home, lease it back to them for savings

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in Leaders & Managers,Management Training,Small Business Tax,Small Business Tax Deduction Strategies

If their mortgage is paid off — or close to it — your parents or in-laws can’t squeeze much tax juice from their home other than property-tax deductions. And even those deductions are of limited value to elderly parents in a low tax bracket.

In fact, if your parents claim the standard deduction instead of itemizing, they get no income tax benefit at all from home ownership.

Strategy: Consider buying your parents’ home. Then, lease it back to them at the going rate. That way, they can tap into the built-up home equity without moving away.

And you’re able to reap the tax rewards of renting the house.

For starters, the sale can put some much-needed cash into your parents’ pockets. And little or no income tax will be due on the sale, thanks to the giant home-sale exclusion. The tax law allows an individual to exclude tax on the first $250,000 of gain from the sale of a principal residence; $500,000 for a married couple filing jointly.

To avoid potential gift-tax complications, pay a fair price for the home. Save newspaper clippings that support prices for comparable homes in the area. Now may be a good time to strike a deal, due to a relatively soft market.

As the home’s legal owner, you’re entitled to the usual tax breaks of owning rental property. Example: You can claim deductions for operating expenses, insurance, repairs and supplies. Furthermore, when you visit the rental property, you can write off some or all of the travel expenses.

Of course, you can also claim depreciation deductions for the home. But you can’t write off the property’s cost that is attributable to land.

Strategy: Secure an appraisal allocating the price paid between the depreciable structure and nondepreciable land. If you’re including furnishings and appliances, allocate those costs, too. You can write off those objects over a shorter period of time.

All of those deductions can offset the rental income you’ll receive from your parents, reducing the tax you’ll owe on the income.

The deduction may even exceed your rental income, thereby generating an annual tax loss. That could occur even if you’re breaking even or showing a positive cash flow. But here’s one potential downside: You must treat the loss as a passive-activity loss.

Leave a paper trail

For you to claim the tax benefits of owning rental property, your parents must pay you a fair rent.

Goods news: The courts have said that landlords can reduce the fair-market rental they charge by 20 percent when renting to relatives. That’s supposed to reflect the savings on maintenance and management.

But if you set the rent unreasonably low, the IRS could consider the rental as personal use. In that case, your deductions may be limited to mortgage and property taxes, as with a vacation home.

Strategy: Lock in deductions on the dotted line. Have your parents sign a lease, the same as you would require for another tenant.

Eventually, your parents may decide to move out, perhaps due to their physical limitations. At that point, you can rent the place to a new tenant, sell it or even move in yourself.

Tip: If you live in the home for at least two years, you can also qualify for the $250,000/$500,000 home-sale exclusion.


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