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Keisha Williams

Can I Claim Tax Credits When Renting a Property I'm Renovating?

I've been doing some major eco-upgrades on my family's rental building where I live. Been putting in solar panels, adding EV charging stations, installing an Air Source Heat Pump, plus all new insulation, windows, and doors. Everything's coming out of my own pocket. I know all these improvements qualify for some pretty decent tax credits, but here's my situation - I don't actually own the place. My family owns the building, and I'm basically just a tenant (though I don't pay market rate or anything, just help with bills). I've been trying to figure out if I can claim those tax credits on my taxes even though I'm not the property owner. I started reading through some of the .gov websites but got confused because some sections say you need to be the homeowner while others seem more flexible. The language isn't super clear about renters who pay for improvements. Has anyone dealt with this before? Can I claim these eco-friendly tax credits if I'm paying for everything but don't technically own the property? Would hate to miss out on thousands in tax savings just because the deed isn't in my name.

Paolo Rizzo

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This is actually a really interesting tax situation. Generally speaking, residential energy credits are designed for the person who both owns AND uses the property as their residence. The tax code usually requires you to be the homeowner to claim these credits. However, there might be some flexibility. The key question is the legal arrangement between you and your family. If you have a legal rental agreement and are paying rent (even reduced rent), you're considered a tenant who's making capital improvements to someone else's property. In that case, you typically can't claim the credits. But there are some potential workarounds. If you have some ownership interest in the property (even partial), or if you can work out an agreement where your family transfers partial ownership to you, that might help. Another option is to have your family members claim the credits if they're eligible, and then compensate you separately. Have you considered talking to your family about either transferring some ownership percentage to you or having them claim the credits and then reimbursing you in some way? The IRS is pretty specific about these credits going to the property owner.

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Amina Sy

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I'm curious - what if they have some kind of lease-to-own arrangement? Would that change anything about who can claim the credits? Also, does it matter if their family member who owns it doesn't file taxes or has no tax liability to offset with the credits?

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Paolo Rizzo

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A formal lease-to-own or rent-to-own arrangement could potentially change things, especially if it gives you an "equity interest" in the property. In that case, you might be able to claim a portion of the credits proportional to your equity stake. However, this would need to be a legally binding agreement established before the improvements were made. Regarding family members with no tax liability - tax credits can't simply be "transferred" to another taxpayer because someone can't use them. The credits legally belong to whoever qualifies based on ownership and other requirements. Some energy credits are non-refundable (only offset existing tax liability) while others are partially refundable, but the qualification rules don't change based on who could benefit more.

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NebulaNomad

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NebulaNomad

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Javier Garcia

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Javier Garcia

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I need to eat crow about my skeptical comment above. After posting that I decided to try Claimyr anyway because I was desperate to resolve an issue with my energy efficient home improvement credits that I'd been trying to figure out for months. It actually worked exactly as described. I got a call back from a real IRS agent within 45 minutes. The agent confirmed I was talking to the actual IRS and helped me understand exactly how to document the situation where I paid for improvements to my parent's home where I also live. Turns out there's a specific way to handle this on Form 5695 with additional documentation showing the arrangement. The agent walked me through exactly what I needed to submit. Completely solved a problem I'd been banging my head against for months. Sometimes it's worth admitting when you're wrong!

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Have you considered looking into what's called a "landlord contribution agreement"? My brother was in a similar situation where he was upgrading our parents' property where he lived. Their tax guy set up a formal written agreement stating that he was making capital improvements in lieu of some portion of rent, which helped clarify the tax treatment. In his case, the parents (as owners) were able to claim the energy credits, while he got to reduce his taxable rental payments. Everyone benefited and it was all properly documented in case of audit. Might be worth exploring that angle if your family is willing to formalize the arrangement.

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That's really interesting! I hadn't heard of a landlord contribution agreement before. Did your brother's arrangement require monthly payments to still be made, or was it entirely offset by the improvements? My situation is more informal - I help with utilities and maintenance but don't pay a set "rent" amount.

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The arrangement didn't require full elimination of rent payments. They structured it so a portion of what would have been market-rate rent was offset by the documented improvement costs. There was still some payment happening to establish a legitimate landlord-tenant relationship, but significantly reduced. The key was having everything in writing with fair market values established for both the rent and the improvements. They also took photos before/after and kept all receipts. Their tax professional basically said the most important thing is showing this is a legitimate business arrangement, not just a family helping each other out informally. The more formal documentation you have, the better position you're in if questions come up.

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Make sure you're looking at the right credits too! There are different rules for different energy credits. The Residential Clean Energy Credit (for solar, wind, geothermal, battery storage) has different rules than the Energy Efficient Home Improvement Credit (for insulation, doors, windows, heat pumps). For the Residential Clean Energy Credit you get 30% back and it's available through 2032. For the Home Improvement one it's 30% too but has annual limits and specific requirements for each type of improvement. Either way tho the basic rule is you gotta be the owner to claim these. Sorry but that's just how the tax code is written. The best solution is prolly what others suggested - work out some ownership arrangement with your family, even if it's just 10% ownership. That would let you claim at least part of the credits.

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CosmosCaptain

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Doesn't the IRS also have some kind of recapture rule if you claim these credits and then move out or sell within a certain time period? I feel like I read something about that when I was considering solar panels.

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