Benton
Level 1

A new client owns a large commercial property with only one tenant that pays $6,000 a year in rent. The client takes a massive loss on this property paying utility bills, property tax bills, etc., as two partners (out of 3) own separate businesses on this same property rent-free and have for decades. The loss on this property has been used as a "tax strategy" to offset large gains on other properties. The property is now for sale.

I do not feel comfortable with this arrangement. Despite the $6,000 in rent from the one tenant, should the expenses on this property instead be capitalized and increase the basis of the property, especially since it is now listed for sale? The property is technically "in service", but this feels like an unethical hedge.