Rental income received in advance

Normally when the right to income is contingent upon the happenning of a future event, it is not considered taxable even for a taxpayer on accrual accounting. See Guarantee Title & Trust Co. v. Commissioner, 313 F.2d 225, 227.

The US Supreme Court has also said that money is not taxable as income, even to an accrual taxpayer, until the right to it has become fixed. Schlude v. Commissioner 372 U.S. 128, 137.

A regulation cannot change the law, it can only clarify the law. If the right to receive or keep money is too contingent, it isn't taxable until the right to receive or keep it is fairly certain.

In this case, based on additional information given by OP, it appears that his right to keep money he was paid is subject to a slight risk of having to give it back, but not so contingent that he has not actually earned it yet. So it seems to me that, under the circumstances in his case, he is required to recognize the income in the year received.

Reply to
Stuart A. Bronstein
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Maybe and maybe NOT! This could be nothing more than a refundable deposit. I'd need to read the lease agreement and see what it says first.

Gene E. Utterback, EA, RFC, ABA

Reply to
Gene E. Utterback, EA, RFC, AB

There was another twist in this advanced rent scenario. My neighbor told me that his tenant had asked to move in on Jan 29 instead of February 1, 2010. The tenant paid him for extra three days on January

15, 2010. He will record these three days rent as rental income in 2010. Now, how could he record 6 months advance rent (Feb to June 2010) in 2009 when the tenant has not moved in yet but record the 3 days of January 2010 in rental income for 2010???? Another word Jan rent is in 2010 but advance rents for Feb to June are in 2009?????? I assume the best option is to reflect the advanced rent as deposit in 2009 and record it s rental income in 2010.
Reply to
Toubi Katouzi

Wrong. Gross Rents are taxable in the year received PERIOD. Accounting method doesn't affect this. It's taxable in 2009. The Treasury Regulation regarding rent is clear.

The 6 months belong to year 2009. The 3 days belong to year 2010.

Calling it a deposit when it is advanced rent doesn't change its taxability when it is received.

Reply to
D. Stussy

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