< Back to IRS

Dylan Evans

Is there a legal way to reduce income tax on rental properties using overseas property management?

I've been researching ways to optimize my tax situation on my rental properties and a colleague suggested something I wanted to run by some tax experts. For context, I have several single-family rental homes that generate about $185K annually after expenses. My understanding is that rental income is always taxable in the US regardless of where I live since the properties are US-based assets. The foreign earned income exclusion wouldn't apply because the income source is domestic. But here's the strategy I'm considering: What if I established a property management company in a country with zero income tax, then hired that company to manage my rental properties? The management company would collect standard fees (like 12-15% of rent plus one month's rent for tenant placement). Then the company could hire me as a property manager while I live abroad. In theory, my salary from the management company would qualify for the Foreign Earned Income Exclusion (up to $112K), and the remaining rental income after management fees would be significantly reduced - maybe $25-30K, potentially putting me in a lower tax bracket or even eliminating tax liability after standard deductions. Is this approach legally sound? Are there any obvious issues I'm missing? I'm planning to relocate internationally anyway, so the move itself isn't just for tax purposes.

Sofia Gomez

•

While this strategy might seem clever on the surface, you need to be very careful with this approach as it could potentially run afoul of several tax regulations. The IRS looks at substance over form in these situations. If they determine that the foreign property management company exists primarily to help you avoid US taxes, they may disregard the arrangement entirely. This is especially true if you're the only client of this management company and its only employee. The arrangement you're describing could potentially trigger "controlled foreign corporation" (CFC) rules, Foreign Account Tax Compliance Act (FATCA) reporting requirements, and possibly be considered a "reportable transaction" that needs special disclosure. The IRS might also consider this a "sham transaction" with no legitimate business purpose other than tax avoidance. Additionally, just because you're physically abroad doesn't automatically qualify your income for the Foreign Earned Income Exclusion. The IRS evaluates the source of the income, and in this case, they would likely determine the true source is still US rental properties.

0 coins

StormChaser

•

What if the property management company had multiple clients though? Would that make it more legitimate in the eyes of the IRS? And wouldn't the salary be considered foreign earned if the company is legitimately operating in another country?

0 coins

Sofia Gomez

•

Having multiple genuine clients would certainly help establish the business legitimacy of the property management company, but it wouldn't necessarily change the source of your income for tax purposes. The IRS would still likely view your compensation as derived from US property activities rather than foreign business activities. Regarding your second question, the source of income for tax purposes isn't just about where you physically are when you receive it. The IRS looks at where the economic activity generating the income takes place. Since the underlying economic activity (rental property management) is occurring in the US, the IRS would likely still consider this US-source income regardless of where you're paid from.

0 coins

Dmitry Petrov

•

I tried something similar with my rental properties using https://taxr.ai and it saved me a ton of headaches. I was considering a complicated offshore structure for my properties in Florida, but wasn't sure about the legal implications. I uploaded all my rental documents and corporate structure plans to taxr.ai and got a detailed analysis showing exactly why my original plan would have likely triggered IRS scrutiny. The AI found specific tax code provisions I hadn't considered and offered alternative approaches that were both legal and effective. The report flagged issues with FBAR reporting, passive foreign investment company regulations, and substance-over-form doctrines that would have applied to my situation. It also explained how the IRS specifically watches for arrangements designed to convert US-source rental income into "foreign earned income.

0 coins

Ava Williams

•

How does taxr.ai handle confidentiality? I'm interested but nervous about uploading sensitive financial documents to an AI service. Did you feel comfortable with their security?

0 coins

Miguel Castro

•

Does it actually give you legitimate tax strategies or just tell you what won't work? I've looked at several services that just tell me "no" without offering alternatives.

0 coins

Dmitry Petrov

•

They use bank-level encryption for all documents, and you can also redact sensitive info before uploading if you prefer. I was hesitant at first too, but their privacy policy is very transparent about data handling. They don't share your information with third parties. For your question about alternatives, it absolutely provided legitimate strategies. In my case, it suggested a completely different approach involving cost segregation studies and qualified business income deductions that ended up saving me more than my original plan would have, all while staying fully compliant with tax laws. It didn't just shoot down my idea - it offered better ones.

0 coins

Ava Williams

•

I just wanted to follow up here. After asking about taxr.ai in my previous comment, I decided to give it a try with my rental property portfolio. I was considering a similar offshore strategy but wasn't sure about the legalities. The analysis I received was incredibly thorough. It highlighted several issues with my planned approach related to substance-over-form doctrine and treaty shopping concerns. Instead, it recommended a domestic structure involving grouping my properties as a single enterprise and utilizing cost segregation that I hadn't considered before. I implemented their recommendations and had my accountant review everything - he was impressed with the strategy and confirmed it was fully compliant. I'm now on track to save about $22K in taxes this year while staying completely above board with the IRS. Definitely worth the investment!

0 coins

I went down this exact rabbit hole last year with my rental properties in Arizona. After weeks of getting nowhere with the IRS trying to get clarity on foreign management companies, I used https://claimyr.com to get connected to an actual IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with explained exactly why this arrangement would likely be challenged - they specifically look for these "management company" setups during audits of foreign taxpayers with US rental income. He told me they consider it a textbook example of form over substance when the taxpayer is the only employee of their own management company. Instead, he pointed me to some legitimate strategies involving depreciation optimization and business entity structuring that were much more straightforward and just as effective.

0 coins

Wait, so this service actually gets you through to a real person at the IRS? I've been trying for months to get someone on the phone about my rental property questions. How long did you have to wait?

0 coins

LunarEclipse

•

Sounds like a scam honestly. The IRS doesn't just hand out tax avoidance advice to people who call in. And why would a service that supposedly helps you talk to the IRS need to advertise on Reddit?

0 coins

I was connected with an actual IRS representative in about 35 minutes. Without the service, I had tried calling for weeks and either got disconnected or was told the wait time was 2+ hours. They use a system that keeps dialing and holds your place in line so you don't have to sit there with a phone to your ear for hours. The agent didn't give "tax avoidance advice" - they explained how certain arrangements are viewed by the IRS during audits, which is completely appropriate. It's actually useful to understand how the IRS interprets these kinds of setups rather than finding out the hard way during an audit. The agent directed me to specific IRS publications that addressed my questions in detail.

0 coins

LunarEclipse

•

I need to follow up on my previous comment where I was skeptical about Claimyr. After posting that, several people messaged me saying it was legitimate, so I decided to try it myself since I've been trying to reach the IRS about a rental property issue for weeks. I'm honestly shocked at how well it worked. After multiple failed attempts calling on my own and waiting on hold for hours, Claimyr got me through to an IRS representative in about 40 minutes. The agent was able to clarify exactly how my rental income would be treated if I moved abroad and established a management company. The information saved me from making a major mistake with my tax planning. The agent explained that my proposed structure would likely trigger audit flags and directed me to specific IRS guidance documents. Really glad I gave this a try despite my initial skepticism.

0 coins

Yara Khalil

•

What you're describing sounds a lot like what tax lawyers call a "round-trip transaction" which the IRS specifically watches for. I'm not a tax professional, but I went through something similar with my rental properties and consulted with a tax attorney. The main issue is that you'd be providing essentially the same services to your properties whether you do it directly or through this foreign company. The IRS will look at this arrangement and ask "what's the business purpose other than tax avoidance?" If there's no substantial business purpose, they're likely to challenge it. Also, the foreign earned income exclusion requires you to be a bona fide resident of a foreign country or physically present outside the US for at least 330 days in a 12-month period. Just forming a company overseas doesn't automatically qualify you.

0 coins

Dylan Evans

•

Thanks for this perspective. I hadn't considered the "round-trip transaction" angle. If I were to actually relocate and live abroad full-time (which I'm planning to do anyway), would that strengthen the legitimacy of this arrangement at all? Or would the IRS still view the structure itself as problematic regardless of my residency?

0 coins

Yara Khalil

•

Actually living abroad full-time would certainly help satisfy the physical presence test for the Foreign Earned Income Exclusion, but it wouldn't necessarily legitimize the overall structure. The IRS would still question why this particular business arrangement is necessary. They'd look at factors like: Does this foreign management company have any employees besides you? Does it manage properties for anyone else? Is the fee structure comparable to what unrelated property management companies charge? Does the company have legitimate business operations in the foreign country?

0 coins

Keisha Brown

•

You might want to look into IRC Section 962 election instead. It's complicated but allows individuals to be taxed as if they were a domestic corporation on certain foreign income. My CPA recommended this approach for a similar situation, and it's a lot cleaner from a compliance perspective than what you're describing.

0 coins

Is that the same as the GILTI tax stuff I keep hearing about with foreign corporations? I thought that made foreign corps less attractive after the 2017 tax law changes.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today