Renting 'Buy to Let' to son

Go back to your first post and then tell me you are not confused,

Go get proper professional advice. If they contradict me, get it in writing, send it to me in strictest confidence and if my advice is proven wrong, I'll pay €100 to a charity of your choice.
 

You're making a mistake there. That rent a room would be if it were your home. Your sole residence. Your son does not own the property, he is staying there. It is clearly a buy to let. But under the RTB rules, you have an exemption from registering in the RTB because he is your son.

What the above seems to be referring to is where you Clare rent a property to Tenant x, a proper landlord and tenant agreement, which would be registered with the RTB. Then tenant x decides to bring in other people to rent from him. As sub tenants. And according to that they are under the rent a room.

Personally I don't get this but that's my reading of it.

But I'd be less likely to rely on anything citizen's advice says on this over the RTB.
 
And I'm most certainly not confused, but merely trying to help you. Silly me for breaking the first rule of AAM - never bother responding to a query from a new poster who doesn't use the word please.

Since when is that a rule of AAM?
 
It's a rule of mine, and generally holds.

Really ! I've never noticed such a thing before. You're gas. And it's a bit mean to a new poster in any case.

I think I might send off the query myself to the RTB just for the hell of it. I once did one to revenue and it took them months to get back to me.
 
That rent a room would be if it were your home. Your sole residence.

On the piece I inserted above, it clearly states you don't have to own the home, you can be a tenant and then sublet with the agreement of the landlord.
 
Really ! I've never noticed such a thing before. You're gas. And it's a bit mean to a new poster in any case.

I took time yesterday to explain an arcane technical point to her, in the hope of saving her money, and she twice accuses me of being confused.
 
Really ! I've never noticed such a thing before. You're gas. And it's a bit mean to a new poster in any case.
Thank you for looking out for a new poster. I'm not replying to that person again!!! I am a very fragile person, quite sensitive really.
 
Thank you for looking out for a new poster. I'm not replying to that person again!!! I am a very fragile person, quite sensitive really.
That makes two of us.

My challenge stands, by the way. €100 on the table.
 
I just rang the RTB, if renting to a son, regardless of whether I charge rent or not and if I am not residing in the property, I do not have to register with RTB, I will be emailing this query so I will have it in writing,
 
Tommy was offering you tax advice yesterday. Surely PRTB aren't telling you whether or not you can claim you mortgage interest against tax?
They clarified I do not have to register with them, I know I can't claim tax relief if not registered,
 
I just rang the RTB, if renting to a son, regardless of whether I charge rent or not and if I am not residing in the property, I do not have to register with RTB, I will be emailing this query so I will have it in writing,


LOL. Don't forget to ask them if it's ok for your son to have someone else staying with him. It would be very helpful to hear the RTB reply.
 
Ok, I am going to email as will need written confirmation, will post back here when I get a reply.
 
They clarified I do not have to register with them, I know I can't claim tax relief if not registered,
You know wrong. If there is no registration requirement, the restriction under TCA 1997 s97(2I)(a) clearly doesn't apply.

https://www.revenue.ie/en/tax-professionals/documents/notes-for-guidance/tca/part04.pdf

 
Ok, have been on to the live chat with RTB, there is no requirement to register with them if there is no lease in place, which there won't be, regardless of whether he is paying rent or living there rent free, am aware of the gift threshold if rent free, also asked if he might rent a room in the future and if this would alter the requirement for registering, she referred to this as a licence, i think this is where the rent a room relief might come in, she asked if I would be getting rent payment, I confirmed no, it would be paid to my son, in this case no requirement to register as there is no lease in place and my son would be renting the room under licence, I have email confirmation of this chat. She also confirmed I could not avail of mortgage interest unless the person/people renting were HAP or rent allowance recipients.
 
I am not supposed to be replying to you but anyway, we will beg to differ on earlier posts.
I had read up on the 2004 act and was wondering the same,
Again, for the nth time, you need professional advice to clarify this if you're not 100% sure of it. It will be well worth it.