Tax and financial implications of sharing my apartment with my partner
"I am not a lawyer nor a tax accountant, so if such chimes in here I'll gladly defer. But my understanding is:  If you're romantically involved and living together you're considered a ""household"" and thus your finances are deemed shared for tax purposes. Any money your partner gives you toward paying the bills is not considered ""rent"" but ""her contribution to household expenses"". (I don't know the genders but I'll call your partner ""her"" for convenience.) This is not income and is not taxed. On the off chance that the IRS actually investigated your arrangement, don't call any money she gives you ""rent"": call it ""her contribution to living expenses"". If you were two (or more) random people sharing a condo purely for economic reasons, i.e. you are not a family in any sense but each of you would have trouble affording a place on your own, it's common for all the room mates to share the rent or mortgage, utilities, etc, but for one person to collect all the money and write one check to the landlord, etc. Tax law does not see this as the person who writes the check collecting rent from the others, it's just a book-keeping convenience, and so there is no taxable transaction. (Of course the landlord owes taxes on the rental income, but that's not your problem.) In that case it likely would be different if one person outright owned the place and really was charging the others rent. But then he could claim deductions for all the expenses of maintaining it, including depreciation, so if it really was a case of room mates sharing expenses, the taxable income would likely be just about zero anyway. So short answer: If you really are a ""couple"", there are no taxable transactions here. If the IRS should actually question it, don't refer to it as ""collecting rent"" or any other words that imply this is a business arrangement. Describe it as a couple sharing expenses. (People sometimes have created tax problems for themselves by their choice of words in an audit.) But the chance that you would ever be audited over something like this is probably remote. I suppose that if at some point you break up, but you continue to live together for financial reasons (or whatever reasons), that could transform this into a business relationship and that would change my answer."
"I don't believe it makes a difference at the federal level -- if you file taxes jointly, gains, losses, and dividends appear on the joint tax account.  If you file separately, I assume the tax implications only appear on the owner's tax return.  Then the benefits might outweigh the costs, but only if you correctly predict market behavior and the behavior of your positions. For example, lets say you lose 30k in the market in one year, and your spouse makes 30k.  If you're filing jointly, the loss washes out the gain, and you have no net taxes on the investment.  If you're filing separately, you can claim 3k in loss (the remaining 27k in loss is banked to future tax years), but your spouse pays taxes on 30k in gain. Where things get more interesting is at the state level.  I live in a ""community property state,"" where it doesn't matter whether you have separate accounts or not.  If I use ""community money"" to purchase a stock and make a million bucks, that million bucks is shared by the two of us, whether the account is in my name our in our name.  income during the marriage is considered community property.  However property you bring into the marriage is not.  And inheritances are not community property -- until co-mingled. Not sure how it works in other states.  I grew up in what's called an ""equitable property state.""" "Your lack of numbers makes the question a difficult read.  What I'm hearing is ""I want a house requiring a mortgage 8X my income.""  This alone is enough to suggest it's a bad deal. On a personal note, when my wife and I bought our house, it was 2.5X our income. 20% down, so the mortgage was exactly 2X income. And my wife was convinced we were in over our heads.  The use of a partner who will take a portion of the profit is interesting, but doesn't change the fact that you are proposing to live in a house that costs far too much for you. If you are determined to buy such a house, I'd suggest you do it with the plan to rent out a room or two to roommates. If you are living in an area where the cost of buying is so high, the demand for rentals is likely high as well.  Absent a plan to bring ion more income, I see no good coming from this. Heed the warnings posted in the other two answers as well." It may clarify your thinking if you look at this as two transactions: I am an Australian so I cannot comment on US tax laws but this is how the Australian Tax Office would view the transaction. By thinking this way you can allocate the risks correctly, Partnership Tenancy Two things should be clear - you will need a good accountant and a good lawyer - each. "If you have a huge disparity in incomes, ""maybe"".   If you make roughly in the same ballpark, **Noooooo!**   The ability to file separately and have one partner (the higher earner) itemize and claim all the home-related deductions while the other takes the standard deduction is one of the greatest (middle-class) loopholes in modern tax law.  When married, even if filing separately, you have to both itemize or both take the standard deduction.   You just need to take care that the person itemizing has provably contributed *at least* the amount they claim toward the house.  So have one of you write the checks for the mortgage and property tax, and the other pay for everything else, and it'll probably come out roughly even over time.  Going back to my first line, the US tax code seems to be designed around the stereotypical Donna Reed 1950s household, with a single earner.  The closer you are to equal, the bigger the marriage tax **penalty** gets." "You've laid out several workable options.  You might try going to mortgage broker and looking at what offers you get each way.  I can say that it sounds like your partner will have a difficult time qualifying for a mortgage.  That puts you on the first and third options. Forget about ""building equity.""  You cannot rely on the house you're living in to provide a return on investment.  Housing is an expense, even if you own it outright.  Keep that in mind when you consider taking from the stream of money contributing to your retirement. This link is to a blog which really clarifies the ""rent vs. own, which is better?"" question.  The answer is, it depends on the individual and the location, and the blogger in the link explains how to answer that question for your situation.  One of the key advantages of ownership is that it gives you freedom to modify the interior, exterior, and grounds (limited by local building codes of course.)" The issue here is that the transaction (your funds to her account) looks very similar to the rent payments which you plan to make in the future. Those rental payments (if deemed to be commercial) would normally be subject to tax. Consider the scenario where rather than an up front $5000, and $5000 over 2 years, you paid her $10000, and paid no rent. That might be an attempt to avoid paying tax. A commercial transaction can't be re-labeled as a gift just based on your election - the transaction needs to be considered as a whole. However, an interest free, unsecured loan connected with you paying rent at market rate would be (depending on local laws) simply foolish (to some extent). I don't think you are able to structure the transaction as a joint purchase (since the mortgage will prevent her from allocating a part of the property to you). Its also likely that you can live in her house and contribute an adequate amount to the household costs without creating a taxable income for her. For example in the UK, up to ~£4000 pa rental income generated from the property in which you reside does not need to be declared. You need to identify the scenarios where your particular arrangement could be imagined as resulting in a taxable or potentially taxable event - then make sure you are not avoiding those events just by choosing how you label the events. "The prenup complicates things. The traditional vow of a marriage is ""What's mine is yours, what's yours is mine"". With such a traditional marriage it doesn't matter too much which partner's name something is in, in the event of a divorce the assets of the couple would be considered as a whole and then split. But you have a prenup which is presumably intended to change this traditional arrangement (and may or may not actually be enforceable). I think you are as such right to be wary. I think your only way forward long term is to amend the prenup and/or the legal status of the house to recognize it as a shared asset that you will both be contributing to and that it's value should be split in some way in the event of a divorce. In exchange you should probably be contributing some or all of the cash pile you have from selling your house to the common pot. Another loan may seem like a good option in the short term but in the long term the appreciation on a house is likely to be worth more than any interest on the loan (assuming you are using an interest rate comparable to commercial mortgage deals), plus any interest may well end up being taxable." Well, you won't be double taxed based on what you described. Partners are taxed on income, typically distributions. Your gain in the partnership is not income. However, you were essentially given some money which you elected to invest in the partnership, so you need to pay tax on that money. The question becomes, are you being double taxed in another way? Your question doesn't explain how you invested, but pretty much the options are either a payroll deduction (some amount taken out of X paychecks or a bonus) or some other payment to you that was not treated as a payroll deduction. Given that you got a 1099, that suggests the latter. However, if the money was taken out as a payroll deduction - you've already paid taxes (via your W2)! So, I'd double check on that. Regarding why the numbers don't exactly match up - Your shares in the partnership likely transacted before the partnership valuation. Let's illustrate with an example. Say the partnership is currently worth $1000 with 100 outstanding shares. You put up $1000 and get 100 shares. Partnership is now worth $2000 with 200 outstanding shares. However, after a good year for the firm, it's valuation sets the firm's worth at $3000. Your gain is $1500 not $1000. You can also see if what happened was the firm's valuation went down, your gain would be less than your initial investment. If instead your shares transacted immediately after the valuation, then your gain and your cost to acquire the shares would be the same. So again, I'd suggest double checking on this - if your shares transacted after the valuation, there needs to be an explanation for the difference in your gain. For reference: http://smallbusiness.findlaw.com/incorporation-and-legal-structures/partnership-taxes.html And https://www.irs.gov/publications/p541/ar02.html Here you learn the purpose of the gain boxes on your K1 - tracking your capital basis should the partnership sell. Essentially, when the partnership is sold, you as a partner get some money. That money is then taxed. How much you pay will depend on what you received versus what the company was worth and whether your gain was long term or short term. This link doesn't go into that detail, but should give you a thread to pull. I'd also suggest reading more about partnerships and K1 and not just the IRS publications. Don't get me wrong, they're a good source of information, just also dense and sometimes tough to understand. Good luck and congrats. Both states will want to tax you. Your tax home is where you maintain a domicile, are registered to vote, etc. and you will probably want to keep this as MA since you state that MA is your permanent residence and you are staying in a rented place in PA. But be careful about voter registration; that is one of the items that can be used to determine your state of residence.  OK, so if you and your spouse are MA residents,  you should file jointly as residents in MA and as nonresidents in PA. Do the calculations on the nonresident return first, and then the calculations on the resident  return. Typically, on a nonresident tax return, the calculations are effectively the following: Report all your income (usually AGI from the Federal return).  Call this $X. Compute the PA state tax due on $X.  Note that you follow the rules for nonresidents in doing this, not the calculations used by PA residents. Call the amount of tax you computed as $Y. What part of the total income $X is attributable to PA sources? If this amount is $Z, then you owe PA $Y times (Z/X). On the resident return in MA, you will likely get some credit for the taxes paid to PA, and this will reduce your MA tax burden. Usually the maximum credit is limited to the lesser of actual tax paid to PA and what you would have had to pay MA for the same income. As far as withholding is concerned, your employer in PA will withhold PA taxes as if you are a PA resident, but you can adjust the amount via the PA equivalent of IRS Form W4 so as to account for any additional  tax that might be due because you will be filing as a nonresident.  Else you can pay estimated taxes via the PA equivalent of IRS Form 1040ES. Similarly, your wife can adjust her withholding to account for the MA taxes that you will owe on the joint income, or you can pay estimated taxes to MA too. Note that it is unlikely that your employer in Pennsylvania will withhold  Massachusetts taxes (and send them to Massachusetts) for you, e.g. if it is a ma-and-pa store, but there may be special deals available if  your employer does business in both states, i.e. is a MA-and-PA store. Myself and my partner do things a little differently to most. We split accommodation and utilities payments by net income proportion to ensure that we both have the same amount of spending money. For example;  The really important bit is net income. We take off a whole bunch of payments, e.g; Our contributions go into a joint account and the rest is our money to spend. The upshot is that we both get to enjoy the same minimum quality of life because we both get the same amount to spend at the bar. "If you are living together 'casually' (no formal partnership agreement) then my option would be to ask her politely to as she has offered make a contribution  by buying the groceries or some such which you share. A 'voluntary contribution' not an enforceable one. Just as between flat mates where only one is the actual tenant of the flat but the tenancy allows 'sharing' . Check your tenancy allows you to share lodgings. PS An old Scots saying is ""never do business with close family"". I.e do not charge your wife or living in partner rent. It mixes emotional domestic life with a formal business life which can set feuds going in case of a break up or dispute. If you enter into child bearing relationship or parent hood or formal partnership or marriage then all this changes at some time in the future." It's fine - if you are an employee, you will normally have all taxes deducted by the employer, and won't even need to complete a tax return. Even if you do, all the figures will be on the P60 you get at the end of the year. If that's your only income, it's pretty easy to do. Remember, your taxes and your girlfriends are totally separate. It also doesnt matter where the money goes - you could be paid in cash or into any account, it's the fact that you earn it makes it taxable. I don't like it using percentages makes no sense.  Find out what market value is for rent and pay 1/2 of that to your partner, adjust annually.   You partner should be protected from inflation if he is going to invest in real estate. "There is a term for this. If you google ""House Hacking"" you will get lots of articles and advice.  Some of it will pertain to multifamily properties but a good amount should be owner occupied and renting bedrooms. I would play with a mortgage calculator like Whats My Payment.  Include Principle, interest, taxes and insurance see how much it will cost.  At 110k your monthly fixed payments will depend on a number of factors (down payment, interest, real estate tax rate and insurance cost) but $700-$1000 would be a decent guess in my area.  Going off that with two roommates willing to pay $500 a month you would have no living expenses except any maintenance or utilities.  With your income I would expect you could make the payment alone if needed (and it may be needed) so it seems fairly low risk from my perspective. You need somewhere to live you are used to roommates and you can pay the entire cost yourself in a worst case. Some more things to consider.. Insurance will be more expensive, you want to ensure you as the landlord you are covered if anything happens.  If a tenant burns down your house or trips and falls and decides to sue you insurance will protect you.   Capital Expenses (CapEx) replacing things as they wear out. On a home the roof, siding, flooring and all mechanicals(furnace, water heater, etc.) have a lifespan and will need to be replaced.  On rental properties a portion of rent should be set aside to replace these things in the future.  If a roof lasts 20yrs,costs $8,000 and your roof is 10years old you should be setting aside $70 a month so in the  future when this know expense comes up it is not a hardship. Taxes Yes there is a special way to report income from an arrangement like this.  You will fill out a Schedule E form in addition to your regular tax documents. You will also be able to write off a percent of housing expenses and depreciation on the home.  I have been told it is not a simple tax situation and to consult a CPA that specializes in real estate." Does your apartment have several bedrooms that are all different in size? If yes, then everyone can pay by square footage. However, if you share the room with your girlfriend, it won’t work. Even if your live in a master bedroom with her, you friend will probably pay more than your girlfriend.  I heard there are websites that let each roommate bid the max they’re willing to pay for each room in the apartment. You can try one of these service. Or you can simply divide the rent between three of you, but utilities will be covered only by you.