Bea rents a house she owns to her son at a fair rental price, and he uses it as his main home all year. Is his use treated as personal use by Bea?
Use by a family member is personal use unless the property is rented at a fair rental price to someone who uses it as his or her main home. Fair-rent use as a main home by the son is not personal use by Bea, so the rental is not limited as a vacation home. Below-market rent to a relative would count as personal use. Source: IRC 280A(d)(2)-(3); Pub. 527 (2025), Personal Use of Dwelling Unit. Tax year: 2025 (law as of 31 Dec 2025).
Treating every rental to a relative as personal use.
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