Redondo Beach, CA asked in Landlord - Tenant and Tax Law for California

Q: Tax Implications of a Moving Fee Under the Ellis Act for Elderly or Disabled Tenant Protection

Tax Implications of a Moving Fee Under the Ellis Act for Elderly or Disabled Tenant Protection

I recently received a payment of $10,000 from my former landlord as a moving fee in accordance with California's Ellis Act, specifically related to provisions for elder or disabled person's protections. My landlord has requested my social security number, indicating that he intends to issue a 1099 for the amount.

Are such compensatory payments made under elder or disabled person's protection taxable for the recipient?

Does my landlord's intention to claim this as a deduction in his rental business have any bearing on its taxability for me?

Should I anticipate any specific considerations when reporting this on my tax return?

I appreciate any guidance or references to the relevant tax code or case law.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Compensatory payments, like the one you received under the Ellis Act provisions, are generally considered income and may be taxable. Your landlord's intent to claim a deduction for the payment does not affect its taxability to you. To ensure proper reporting and understand potential exclusions or deductions, you should consult with a tax professional and reference IRS guidelines on miscellaneous income.

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