2 Comments

  1. Janis Rough says:

    Hello SAmuel
    Going through a buy out and can not get the straight answer on taxes. The owner is going to remodel the rent control unit in which I reside and sell it as a tennacy in common. He will take out a construction loan on the property and deduct my buy out as an expense and will deduct it from the sale price after its remodeled and sold. He will not give me a 1099 because of that. Just a check as an expense or lien against his property. From what I read it could be capital gains? If it is ordinary income as you say I will not accept the buy-out. Are you a lawyer or a CPA? I cannot find this information in the iRS CODE. ARE YOU ABSOLUTELY SURE it is ordinary income? I found a page on internet leading me to believe it could be long term capital gains?https://www.brickunderground.com/blog/2014/10/buyout_tax_ask_an_expert

    1. Hello Janis,

      It sounds like you’re in a complex situation regarding the tax implications of your tenant buyout. It’s important to note that the taxation of tenant buyouts can vary based on individual circumstances and the specifics of the buyout agreement.

      Taxation of Tenant Buyouts: Generally, tenant buyouts are considered taxable income for the tenant receiving them. This income is typically taxed as ordinary income, not as capital gains. The reasoning is that the buyout is a payment for relinquishing your lease rights, which is different from selling a capital asset.

      Landlord’s Tax Deductions: Regarding your landlord’s situation, it seems they are considering the buyout as an expense related to the remodeling and selling of the property. The specifics of how this is treated in their taxes would depend on various factors, including the nature of the expense and the landlord’s overall tax situation.

      1099 Form and Tax Reporting: The fact that your landlord is not planning to issue a 1099 form for the buyout payment is a bit unusual. Typically, payments like these should be reported to the IRS, and a 1099 form is a common way to do this. Not receiving a 1099 does not exempt the income from being taxable.

      Capital Gains vs. Ordinary Income: The distinction between capital gains and ordinary income is crucial. Capital gains typically apply to profits from the sale of an asset held for a certain period. In your case, since the payment is for ending the lease agreement and not for selling a property or an investment, it’s more likely to be classified as ordinary income.

      Professional Advice: He isn’t neither a lawyer nor a CPA, and tax laws can be complex and subject to change. Therefore, it’s highly recommended that you consult with a professional tax advisor or CPA who can analyze the specifics of your situation and provide accurate guidance. They can help you understand whether the buyout would be considered ordinary income or if any particular exemptions or special circumstances might apply to your situation.

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