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Level 7
January 30, 2022
Solved

Pre-payment of rent

  • January 30, 2022
  • 2 replies
  • 30 views

Landlord of housing rented to college students gets rent upfront (from parents) for entire academic year. Since academic year straddles calendar year, do I report all monies received in the year it was received or in the year it's meant for.

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Best answer by Norman2001

Include advance rent in the tax year you receive it.

2 replies

Level 6
January 30, 2022

Include advance rent in the tax year you receive it.

BobKamman
Level 15
January 30, 2022

RC Section 451(c) requires an accrual method taxpayer who receives an advance payment to include the amount thereof in income in the tax year of receipt; however, taxpayers may choose to recognize as income only a portion of such advance payment in the tax year in which it is received, and recognize the remainder in the following tax year if such income is also deferred for AFS purposes (the Deferral Method under Revenue Procedure 2004-34).

https://taxnews.ey.com/news/2021-0062-final-section-451-regulations-provide-new-rules-for-timing-of-income-recognition-and-treatment-of-advance-payments

That doesn't apply to rent, though, unless services are also provided.  "The occupancy or use of property if the occupancy or use is ancillary to the provision of services (for example, advance payments for the use of rooms or other quarters in a hotel, booth space at a trade show, campsite space at a mobile home park, and recreational or banquet facilities, or other uses of property, so long as the use is ancillary to the provision of services to the property user);"  

What type of student housing is this?  More like a dorm, with housekeeping and shared facilities provided?  Or just a typical apartment?

qbteachmt
Level 15
January 30, 2022

It also matters if this is Refundable and the funds are kept in trust until used as Rent payment.

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