May a landlord deduct the difference between the low rental charged to a charity and the higher actual fair market rental value of property that is leased to the charity? We searched your entire site and couldn’t find anything about a bargain lease.
The reason you didn’t find anything on the site about this is because it is not a term that is used very often and it is not a deductible transaction. Unlike a bargain sale, where the seller transfers full ownership of the property to a charity for less than fair market value and is entitled to claim a charitable contribution deduction for the difference, the landlord in a bargain lease is not entitled to a deduction under any circumstances. Even if the landlord gave the use of the property rent-free, the landlord would be unable to claim a deduction. The Tax Code does not permit a deduction for a gift of services or the use of facilities.