My friend has been renting a place and not claiming the rent or the expenses on her tax return! Is this illegal?

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They have had this rental property for a few years now and it's unclear if there's a income gain or loss for that period of time! It's likely there was a gain. If so could they be in trouble with the IRS? Is this considered tax fraud?

Attorney Answers

4
John Wetenkamp ·
You have to claim all of your income. Yes, rental income is taxable. Yes, it is illegal to not report it. You (or your friend) should go to a tax attoney to discuss this.
0 upvotes
Jeffrey Collins ·
I do agree with the other attorney. But also, where your friend has unreported rental income, there might be little immediate tax consequence, if the expenses equal the income. At least your friend minimizes that immediate tax consequence by reporting all, including the expenses. The later discussion about depreciation, capital gains, carryover losses, etc is another, more elaborate conversation.
0 upvotes
Raymond Haselman ·
I agree with the other attorneys. The owner is also entitled to depreciation expenses. A 'sale of business assets' deduction would also be a benefit when sold , if there is a loss. Best to claim the income and expenses on a Sch E.
0 upvotes
Christopher Larson ·
All rental income must be declared despite the fact that some people do not do so. They are supposed to declare it. Christopher Larson Insight Law
0 upvotes