Pre-payment of rent

[Greta]

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.

[Norman2001 · Accepted solution]

Include advance rent in the tax year you receive it.

[BobKamman]

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-...

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]

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

[Greta]

It's not like a dorm, rather 4-BR houses shared by four students in each house. Only service provided is cleaning the neighborhood of beer cans students leave after parties. So therefore income would be counted in the year it was received?

[BobKamman]

Do the four occupants find each other and then come to the landlord, or does he assemble each group?  Maybe the subdividing is the service.  I would try to find a way that income is not taxed before earned.  The "trust account" suggestion might work.  On the other hand, if he's spending it as soon as it's collected, maybe it all balances out after the first year.  

[qbteachmt]

"The "trust account" suggestion might work."

That would be a requirement in my State. There are some pretty good fights documented between landlord and the University students.

[Greta]

The four students, usually friends, find the landlord. Only seniors are allowed to live off-campus, and these houses on the river are famous for being party houses. They are usually taken in January of the prior year. I would feel better to take the hit now, and it will even out in future years, when the landlord's tax bracket will surely go up.