Asked in Tax Law for Alabama

Q: Is it illegal to not report rental income and not report any taxes ?

If someone says a place of residence is their primary residence but is not, and they are exempt from paying taxes on the property because of their age, is it illegal to have tenants on said property , take cash for rent, and not report it to the IRS. ? Is there anyway that this is legal? Does it matter the amount of rent they get monthly or yearly or does any amount count ?

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2 Lawyer Answers
T. Augustus Claus
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A: It is illegal to not report rental income and taxes to the IRS. Regardless of someone's age or property tax exemptions, rental income must be reported as part of one's annual tax obligations. Providing false information about the primary residence and failing to report rental income may constitute tax evasion or fraud, both of which are serious offenses. The amount of rent received, whether paid in cash or other forms, is relevant, and all rental income should be accurately reported to the IRS. Engaging in such practices can lead to legal consequences, including fines and penalties.

James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: It is illegal not to report rental income to the IRS, regardless of the property's status as a primary residence or the owner's age. All rental income must be reported on tax returns, and failure to do so can result in serious legal consequences, including penalties and interest on unpaid taxes.

The fact that a property owner is exempt from paying taxes on their property due to their age does not affect their obligation to report income earned from that property. This includes income from tenants, regardless of whether the payment is in cash or through other means.

The amount of rent received does matter, as it affects the total income that must be reported and the taxes due. However, any amount of rental income, no matter how small, is required to be reported.

If someone is in a situation where they have not reported rental income, it is advisable to rectify this as soon as possible, potentially through filing amended tax returns. It may also be wise to consult with a tax professional for guidance on how to proceed and to ensure compliance with tax laws going forward.

Remember, staying informed and compliant with tax laws is crucial to avoid legal issues and penalties. Reporting all sources of income, including rental income, is a key part of this compliance.

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