Tue. Oct 3rd, 2023

Dear Quentin,

My spouse and I are both of those in our mid-70s and are unlikely to downsize from our current residence, which has a few bedrooms and presents single-flooring residing. The household also incorporates a 540-sq.-foot guest suite on a 2nd degree earlier mentioned our garage space, with a individual entrance. 

I have informed my wife that at some point, we may think about working out an arrangement with a college student or specific keen to trade residing space for some agreed-on home cleansing function.  

How simple are such preparations, and would we operate afoul of tax and connected concerns that pose prospective liability? I would like to study about pitfalls, and even grow to be a lot more educated so I can request clever inquiries of an attorney if the idea deserves thought. 

Checking out Solutions

Expensive Exploring,

It would typically be a smart idea to lease out the unused condominium around your garage, given that you do not have any programs or have to have to downsize. But feel twice if you really do not need the income. If you took the route you suggest, you would possible have to declare your arrangement to the Interior Revenue Service.

The IRS refers to these kinds of preparations as “bartering for merchandise and companies.” That is, there is an exchange of products and products and services (condominium and housekeeping obligations, in this case) but they have a fair market value. Your tenant/housekeeper would get a plum offer. 

“You have to consist of in gross money in the calendar year of receipt the truthful market place benefit of goods or products and services acquired from bartering,” in accordance to the IRS. “Usually there’s no exchange of money. An instance of bartering is a plumber exchanging plumbing companies for the dental services of a dentist.”

You can read through more about that listed here.

Nevertheless, I have considerations. To begin with, you will stop up choosing somebody (and vice versa) who requirements someplace to are living relatively than a person who essentially wishes to come to be your housekeeper. Next, if it doesn’t do the job out, they are however dwelling over your garage.

It is an avoidable blurring of boundaries and tasks. If you want to put your flat to use, I advise leasing it out to another person with a lease and averting any informal preparations that could leave you exposed lawfully if, say, that person experienced an incident on your property.

Tread cautiously.

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