Rental Pool

Rental Pool

A rental pool is a type of contract that involves a sharing arrangement. A taxpayer cannot deduct losses because the IRS considers rental activities passive income activity, and a loss incurred on passive income cannot be deducted against active income, such as earned wages. The law says that fair rental days are not the number of days that the home is available to be rented through the rental pool arrangement. Rental agreements are typically created in real estate for tax purposes because it enables participants in a pool to deduct taxes from passive income. For example, interested parties may be able to enter a rental pool arrangement that grants them access to certain items that might be cost-prohibitive for them, such as computer, music, and video equipment.

Rental pools are agreements between multiple parties to divide use of a resource.

What is a Rental Pool

A rental pool is a type of contract that involves a sharing arrangement. Typically, rental pool agreements, the terms of which vary, are commonly associated with real estate. The arrangements resemble timeshares, in that multiple parties divide up use of the property as well as any associated expenses, such as rent and maintenance. Timeshares can encompass a variety of properties, including homes, condominiums, and resorts.

Rental pools are agreements between multiple parties to divide use of a resource.
Rental agreements are typically created in real estate for tax purposes because it enables participants in a pool to deduct taxes from passive income.
Rental agreements can be drawn to use other shared resources, such as water, to determine priorities of usage.

Understanding Rental Pool

Rental pool arrangements intend to increase the number of days of use at a fair rental value. For example, with real estate the idea is to increase the number of days a property has occupancy.

From a tax standpoint there are certain benefits as well, i.e., the Internal Revenue Service (IRS) has rules that may limit the amount of losses that can be deducted from rental real estate. A taxpayer cannot deduct losses because the IRS considers rental activities passive income activity, and a loss incurred on passive income cannot be deducted against active income, such as earned wages. However, should a taxpayer have other passive income, they may be able to deduct a loss.

As a matter of due diligence, taxpayers should make sure that all passive income activities are designated as such, so that a deduction can apply should one passive income stream record a loss. Deductions would apply to the following tax year and reflect that year's earnings or losses

Notable is that tax law stipulates that fair rental days are only the days that a property is actually rented out. The law says that fair rental days are not the number of days that the home is available to be rented through the rental pool arrangement.

Other Types of Rental Pool Arrangements 

Perhaps not as well known is that rental pool arrangements for personal property can be made to generate passive income. For example, interested parties may be able to enter a rental pool arrangement that grants them access to certain items that might be cost-prohibitive for them, such as computer, music, and video equipment. Certain types of machinery could also be made available in rental pools.

These agreements can even apply to certain natural resources, including water. Individuals or groups in certain areas may seek contracted access to water stored in wells or reservoirs through a rental pool agreement. In such cases, priority access is common. The agreements will stipulate which individuals have first and secondary priority, as well as any and all provisions related to time of access.

Example of Rental Pool

Typically, a water-sharing rental pool assigns priorities for releasing water in a district. To accomplish this, categories are created to define a hierarchy of usage. The group at the top of this hierarchy gets access first and the second category is only assigned water, based on pre-defined evaluation criteria and if there is water remaining.

Related terms:

Acquisition Fee

An acquisition fee is charged by a lessor to cover the expenses, usually of the administrative variety, that they incur in arranging a lease. read more

Active Income

Active income refers to income received from performing a service. Wages, tips, salaries, and commissions are all examples of active income. read more

Deduction

A deduction is an expense that a taxpayer can subtract from his or her gross income to reduce the total that is subject to income tax. read more

Fair Market Value (FMV)

Fair market value is the price of an asset when both buyer and seller have reasonable knowledge of the asset and are willing and not pressured to trade. read more

IRS Publication 527

IRS Publication 527 is a document providing tax information to those who rent out their residential properties for part or all of the year. read more

Landlord

A landlord is a person or entity who owns real estate for rent or lease to a tenant. Learn how landlords make money and what they can and cannot do. read more

Lease

A lease is a legal document outlining the terms under which one party agrees to rent property from another party. read more

Occupancy Rate

The occupancy rate calculates how much usable space is occupied by paying tenants. read more

Passive Income

Passive income is earnings from a rental property, limited partnership, or other enterprise in which a person is not actively involved. read more

Real Estate Investment Group (REIG)

A real estate investment group (REIG) invests in real estate by buying, selling, and financing properties. Read how to get started investing in REIGs. read more