Taxes Q & A- I am renting a house to my son

I am renting a house to my son and daughter-in-law. Can I claim rental expenses?

In general, if you receive income from the rental of a dwelling unit, such as a house, apartment, or duplex, there are certain expenses you may deduct.

Besides knowing which expenses may be deductible, it is important to understand potential limitations on the amounts of rental expenses that may be deducted in a tax year.

There are several types of limitations that may apply.

Passive Activity losses : In general, you can deduct passive activity losses only from passive activity income (a limit on loss deductions). You carry any excess loss forward to the following year or years until used, or until deducted in the year you dispose of your entire interest in the activity in a fully taxable transaction. There are several exceptions that may apply to the passive activity limitations. Refer to Publication 527, Residential Rental Property and Publication 925, Passive Activity and At-Risk Rules .

At risk rules: The at-risk rules limit your losses from most activities to your amount at risk in the activity. You treat any loss that is disallowed because of the at-risk limits as a deduction from the same activity in the next tax year. If your losses from an at-risk activity are allowed, they are subject to recapture in later years if your amount at risk is reduced below zero. Refer to Publication 925, Passive Activity and At-Risk Rules.

Not for profit activities: If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Any rental expenses in excess of rental income cannot be carried forward to the next year. Refer to Publication 527, Residential Rental Property and Publication 535 , Business Expenses .

Rental of a dwelling unit: The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes (renting to a relative may be considered personal use even if they are paying you rent) depends on whether you use it as a home. Refer to Publication 527, Residential Rental Property .

Expenses in connection with rental of a dwelling unit for less than 15 days per year . Refer to Publication 527, Residential Rental Property .

References:

Publication 527, Residential Rental Property

Tax Topic 414, Rental Income and Expenses

Tax Topic 415, Renting Vacation Property/Renting to Relatives

Source: www.irs.gov