Seller wants to rent for few months after the closing

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NeedHome

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For one home that we like the seller wants to rent for few months( it will be our primary residence , we are currently renting) . Is this safe and do I have to pay income tax on it at the end of the year?
 
Pretty common, especially if the seller's money is tied up in the equity of the home.  Like everything associated with a house, make sure you draw up a contract.  And of course you will be taxed on the rental income. 
 
Seeing this type of deal more frequent lately.  One of my old neighbor sold his home but rented for one year before moved out.

He's wants to get a new house but does not want to be a contingent buyer.  He wants to free up the down payment for the new house and also don't want to move twice. 
 
NeedHome said:
For one home that we like the seller wants to rent for few months( it will be our primary residence , we are currently renting) . Is this safe and do I have to pay income tax on it at the end of the year?

uhhhhhhh ... well... you know you can ask for cash.  ;)
 
And put yourself in a pickle if the deal goes sour.  Get everything spelled out and no cash!  Think of that live in nanny debacle, it gets messy quick.
 
This is actually pretty common.

We've had to rent back more than once.

From the buyer side, the tax implication isn't that high because you usually create the rent back agreement so it covers the buyer's principal and interest (unless it was an FCB transaction... then both seller and buy agree on a fair or even below market rent).

But from a buyer's standpoint, I do think it's a bit risky as you have to hope they keep your home in good condition while they are renting back. From a seller, if you are responsible, it's a bit surreal making sure you don't mess up a house you use to own and now don't.
 
Very hard to sell and buy houses and have them fall like dominos all at the same time.  New buyers or elderly getting out of the market are the only ones who can move easily.! Check with YOUR bank though.  I could very well be wring but I thought anything over one month rent back is considered a rental property not primary residence and there are money issues not in your favor if that is true.  If you give them 30 days, they can find somewhere else to rent.
 
Yes , I am not looking at making money out of it but  to cover  my expenses. We are just  getting  another rent increase ( joys of Irvine company) and are on month-to-month so  want to get  out of it as well.

>>From the buyer side, the tax implication isn't that high because you usually create the rent back agreement so it covers the buyer's principal and interest

If they rent for two months and the  mortgage + Interest  is 4K , then doesn't it add 8K to my 2014 income on which I will have to pay 43% tax (  our highest bracket will fall into  the zone of 33% Fed and 9.3% State )


Another tangent question: The property is in Northwood area with no HOA , is there a danger  that the neighborhood can go south because of no rules around curb upkeep?
 
NeedHome said:
>>From the buyer side, the tax implication isn't that high because you usually create the rent back agreement so it covers the buyer's principal and interest

If they rent for two months and the  mortgage + Interest  is 4K , then doesn't it add 8K to my 2014 income on which I will have to pay 43% tax (  our highest bracket will fall into  the zone of 33% Fed and 9.3% State )
Not sure how it works on short-term rental agreements like rentback (or if there is even a new provision to cover these type of arrangements since this is not really a rental income arrangement) but for a rental property, there are calculations that take into account mortgage, property tax, insurance and other costs against the rental income. If the rent-back amount you negotiated with the seller is in line with your P&I, it will probably wash out as very little or even negative income (but I'm not a qwerchete so don't quote me on this).

Another thing (and I'm not recommending this)... I'm not sure if every buyer who engages in a rent-back agreement actually reports it on their taxes because it is not an income producing scenario. You really should ask your realtor (and accountant) about any tax implications and requirements.
 
Tyrone Biggums said:
If Rent = PITI than no taxable income.  But don't ask the black guy who happens to also be a CPA.
Yes , it will be PITI . Can you point me where this gets excluded from  income tax?
 
Check with your lender and get confirmation in writing that a rent back greater than 30 days is acceptable. There are situations where any rent back greater than 30 days is going to viewed as a purchase of a rental, not an owner occupied transaction. Some lenders also consider this as a concession which impacts the sales price of the home. Rent backs can be considered inducements to purchase depending on each lenders unique guidelines on the issue. Stupid? Yes, but one can't blame lenders for tightening up on things like this given all of the straw buyer problems over the past 8 years.

 
Tyrone Biggums said:
If Rent = PITI than no taxable income.  But don't ask the black guy who happens to also be a CPA.

As a CPA, who went to usc I can tell you this is not quite accurate :-)

The principal is not an expense/deduction. The correct calculation is rent - interest - taxes - insurance - hoa - gardener - other expenses you incur - depreciation.

Technically u have to report this income but most people wouldn't.
 
NeedHome said:
Tyrone Biggums said:
If Rent = PITI than no taxable income.  But don't ask the black guy who happens to also be a CPA.
Yes , it will be PITI . Can you point me where this gets excluded from  income tax?

It doesn't get excluded
 
qwerty said:
Tyrone Biggums said:
If Rent = PITI than no taxable income.  But don't ask the black guy who happens to also be a CPA.

As a CPA, who went to usc I can tell you this is not quite accurate :-)

The principal is not an expense/deduction. The correct calculation is rent - interest - taxes - insurance - hoa - gardener - other expenses you incur - depreciation.

Technically u have to report this income but most people wouldn't.

I'm also a CPA who went to USC with a M.Acc and BS, but my disadvantage is I'm just a dumb black dude who hasn't practiced accounting for over 10 years  ;D
 
How do I protect myself from property damage while the seller is in the house? Do I need to take extra insurance ( I currently live in an apartment so I have very limited insurance ) or will  the seller's insurance cover any damages.
 
NeedHome said:
How do I protect myself from property damage while the seller is in the house? Do I need to take extra insurance ( I currently live in an apartment so I have very limited insurance ) or will  the seller's insurance cover any damages.

when we rented the owner of the home required that we get renters insurance and he also had insurance as well. he only asked for the proof of insurance when we moved in, after that he never asked.
 
NeedHome said:
How do I protect myself from property damage while the seller is in the house? Do I need to take extra insurance ( I currently live in an apartment so I have very limited insurance ) or will  the seller's insurance cover any damages.
It's simple - make them sign a rental agreement x months for y amount. Also, get a deposit back from them.
 
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