Tax implications of renting my house to mother-in-law below market value - help needed!
My wife and I purchased a new home in 2024 but kept our previous house which we're now renting to my mother-in-law for basically just the mortgage amount. The mortgage payment is $825 per month, and we're charging her $850. She moved in back in June, but we didn't start collecting rent until July. I've researched this situation and found that comparable rentals in our neighborhood go for $1200-1400 monthly, so we're definitely renting below market value. I've been reading up on the tax rules around this, and I think I understand most of it, but there are some aspects where I don't like what I'm finding, so I'm hoping someone can give me a second opinion. I'm working through TurboTax and have completed everything except this rental property section. From what I understand, since we're renting substantially below market value to a family member, the IRS may consider this a personal use property rather than a rental property? Does this affect what expenses I can deduct? Do I still need to report the rental income? Any advice would be really appreciated!
20 comments


Ruby Knight
You're right to be concerned about the tax implications here. When you rent to a family member below market value, the IRS generally considers this a personal use property rather than a true rental property. Here's what you need to know: You must still report the rental income you receive from your mother-in-law on Schedule E. However, your deductions will be limited. Because it's considered personal use, you can only deduct expenses up to the amount of rental income you collect. This means if you collect $850/month ($10,200/year), your maximum deductions for mortgage interest, property taxes, insurance, repairs, etc. cannot exceed $10,200. The mortgage interest and property taxes that aren't deductible as rental expenses can still be claimed as itemized deductions on Schedule A if you itemize rather than take the standard deduction. However, other expenses like insurance, utilities, or depreciation that exceed your rental income cannot be deducted at all, nor can they be carried forward to future years.
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Diego Castillo
•If they decide to increase the rent to fair market value later, would the property then be considered a rental property for tax purposes? Also, would there be any gift tax implications since they're essentially gifting the difference between market rent and actual rent?
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Ruby Knight
•Yes, if they increase the rent to at least 80% of fair market value, the IRS would then consider it a legitimate rental property. This would allow them to potentially deduct losses against other income (subject to passive activity loss rules). Regarding gift tax implications, the difference between market rent and actual rent could technically be considered a gift. However, each person can give up to $18,000 (2025 annual exclusion amount) to any individual without gift tax consequences. Since both spouses can give this amount, they could gift up to $36,000 annually to the mother-in-law without any gift tax reporting requirements. In this case, the "gift" amount is likely well below those thresholds.
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Logan Stewart
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Mikayla Brown
•How exactly does this service work? Do they connect you with actual tax professionals or is it just some kind of automated system? I'm renting to my sister for a reduced rate and really struggling with how to handle it on my taxes.
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Sean Matthews
•I'm skeptical about online tax services. How can they possibly know the specific rules for below-market family rentals in different states? Did they actually save you money or just tell you what you already knew from IRS publications?
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Logan Stewart
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Sean Matthews
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Ali Anderson
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Zadie Patel
•How does this actually work? I've been trying to reach the IRS for two weeks about a similar issue. Does it really get you through the hold times or is this just another scam?
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A Man D Mortal
•This sounds sketchy. How can they possibly get you through to the IRS faster than waiting on hold yourself? The IRS phone system is notoriously awful but I don't see how a third party service could magically bypass that. Sounds too good to be true.
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Ali Anderson
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A Man D Mortal
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Declan Ramirez
Have you considered just increasing the rent to at least 80% of fair market value? That would allow you to treat it as a true rental property and potentially benefit from claiming losses if your expenses exceed the income. At $1200-1400 market rate, you'd need to charge around $960-1120 to hit that 80% threshold. The benefits would be potentially deducting depreciation and all other expenses, which could create a paper loss you might be able to deduct against other income (depending on your income level and participation). Just something to consider if the tax benefits would outweigh the additional cost to your mother-in-law. You could always gift some of the money back to her if needed.
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Emma Morales
•Isn't there something ethically questionable about artificially raising the rent just to meet a tax threshold, especially if you're planning to gift the difference back? Wouldn't that be considered some form of tax scheme that could trigger an audit?
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Declan Ramirez
•I should clarify that I wasn't suggesting anything improper. The 80% fair market rent rule is an established IRS guideline, not a loophole. Charging fair market rent is perfectly legitimate, as is making separate gifts to family members. What would be problematic is if there was a documented agreement that the increased rent would be immediately returned as a gift - that could indeed be seen as a scheme to circumvent tax rules. But genuinely deciding to charge market rates, while separately choosing to provide financial assistance to family members, are two legitimate separate decisions. The important thing is that each transaction should stand on its own merit and be properly documented.
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Katherine Hunter
Does anyone know if you need to keep any special documentation when renting to family below market value? My tax person said I should have some kind of formal rental agreement even though its my dad renting from me.
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Lucas Parker
•Yes! Having a written lease agreement is SUPER important, especially with family rentals. The IRS looks more closely at family arrangements. Your lease should spell out the rent amount, security deposit, who pays utilities, maintenance responsibilities, etc. - all the normal rental stuff. Keep good records of all rent payments too (bank deposits, etc). Without this documentation, the IRS might argue it's not really a rental at all and disallow ALL your deductions.
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Toot-n-Mighty
I'm dealing with a very similar situation - renting to my elderly parents below market rate. One thing I learned from my CPA is that you should also document WHY you're charging below market rent. In my case, I kept records showing that my parents help with property maintenance and yard work, which justifies some of the rent reduction. Also, make sure you're treating this like a real business relationship even though it's family. I set up automatic bank transfers for the rent payments so there's a clear paper trail, and I give my parents a receipt each month. The IRS wants to see that this is a legitimate rental arrangement, not just you letting family live there cheaply. One more tip - if your mother-in-law ever stays elsewhere for extended periods, keep track of those days. If the property is vacant for more than 14 days per year due to personal use (like if she visits other family), it affects your tax calculations even more.
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Carter Holmes
•This is really helpful advice! I hadn't thought about documenting the reasons for below-market rent. In our case, my mother-in-law also helps with some light maintenance and keeps an eye on the property when we travel, so that could justify part of the rent reduction. I'm curious about the 14-day rule you mentioned - does that apply even if it's the tenant (my mother-in-law) who's away, not us using it personally? We don't use the property at all since she moved in, but she does visit her sister for a week or two each year. Would those days count against us somehow? Also, do you happen to know if there are any specific forms or templates for family rental agreements that include the kind of documentation the IRS likes to see?
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