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Updated over 5 years ago on . Most recent reply

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Oleg Malkin
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Tax question: seller temporary leaseback a placement in service?

Oleg Malkin
Posted

Let’s say I buy a property that requires some repairs. The seller wants a temporary leaseback option where they stay in the property for a few months and pay rent (with a rental agreement, deposit, etc.). I let them do that, then after they move out do the repairs. Let’s assume the repairs qualify as deductible ones under de minimus and not improvements. Then I move into the property and make it a primary residence. Can the seller leaseback be considered placement in service as a rental? The goal here, obviously, is the make the repairs deductible for tax purposes.

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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
Replied

@Ashish Acharya

It seems OP's fact pattern is that he's acquiring a property which he intends to occupy as a personal residence.  Before he takes occupancy, he's going to let the prior owner live there "for a few months" for compensation.

Do we really have a property held for the production of income, let alone a trade or business based on the face value of what's been presented?

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