Discussion:Rental Property Sole Prop Change to LLC

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

Jump to: navigation, search

Discussion Forum Index --> Tax Questions --> Rental Property Sole Prop Change to LLC

Lavida52 (talk|edits) said:

7 September 2008
Is there any benefit to switch filing tax return from Sole Prop SCH E to single owner LLC SCH C? Loss in SCH E cannot reduce AGI, but loss in SCH C could. I've heard pros and cons on both, but nothing concise. This is not my specialty, any professional advice greatly appreciated.

Kevinh5 (talk|edits) said:

7 September 2008
my advice would be to refer the client to a tax professional who knows what a Sch E is for and when to file a Sch C. An understanding of LLCs by the tax professional would also be helpful. An understanding of passive activities would also be helpful

Kevinh5 (talk|edits) said:

7 September 2008
simply stated, a passive loss on Sch C would not be allowed, so your misinformation is incorrect

ReadMyLips (talk|edits) said:

8 September 2008
I'm not sure if you think that being a SMLLC would change anything, but it doesn't--a Sch E or Sch C would still be used depending on the classification.

There are a few circumstances when a rental is considered a business, I believe short-term/accomodations where significant services are also provided. But you can't just switch, you need to follow the law and file accordingly.

To join in on this discussion, you must first log in.
Personal tools