Option Money Collected
I have a question on how the money received through a lease option contract is taxed.
1) The option money you receive up front. Is it considered rent? Or do you wait until the option is exorcized and show it as a down payment on the purchase price.
2) The rent credit given to the tenant. Is that taxed as rent income or held in a escrow account until the purchase.
3) What if the lease option is for greater then one year.
Thanks in advance.
Hi,
I am not disputing your answer...but how do you account for the additional money on your books???
Bruce
No, it does not. In Part 1, the questioner is asking about option money, not rent. Legally, option money is not income until the option is exercised, expires, or is defaulted.
[addsig]
Whether option consideration or rent, it is all declared simply as income for my S corp.
[addsig]
But what if you own the property? Would the option money be the same?
If you own the property, then rent is like any rental (passive income that is exempt from self-employment tax), but option money is still not taxable income until the option is exercised, defaulted, or expired.
[addsig]
Hey,
Do you know where I can look up the fact that the Option Fee is excluded from your taxes?
I looked in the IRS code and could NOT find it under exclusions, unless it was held in escrow.
Thanks,
Bruce
I.R.C. Section 1234
[addsig]
Hey,
Thank you very much for the info.
I checked Title 26, Section 1234 and I still did not see anything that would allow Option Fees to be excluded from income until the Option expires, exercised, etc.
But I guess the issue might be moot anyway. If you are saying that you declare the Option Fee the year you receive it, to avoid problems if there is an audit, then there must be some grey area in the law.
Again, thanks for your help.
Bruce