Sch E? Sch C? NO Sch?

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  • Possi
    Senior Member
    • Mar 2006
    • 1432

    #1

    Sch E? Sch C? NO Sch?

    My client had an S Corp. It was closed in 07 and the final return was done.

    He still had office space rented which he sub-let out, and the person he sub-let to stiffed him.

    He paid $7355 to pay out the lease.

    Shouldn't this have been addressed on the corp return? I don't think it belongs on his return at all, but maybe I am wrong.

    Anyone?
    "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey
  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #2
    Stiffed him !!!

    I only thought that took place in AZ. : )

    Comment

    • Gretel
      Senior Member
      • Jun 2005
      • 4008

      #3
      Originally posted by Possi
      My client had an S Corp. It was closed in 07 and the final return was done.

      He still had office space rented which he sub-let out, and the person he sub-let to stiffed him.

      He paid $7355 to pay out the lease.

      Shouldn't this have been addressed on the corp return? I don't think it belongs on his return at all, but maybe I am wrong.

      Anyone?
      If the lease remained in the corp. name I would agree with you that it belongs with the corporation. Or did he change the lease into his personal name?

      Comment

      • Possi
        Senior Member
        • Mar 2006
        • 1432

        #4
        personal name

        I believe he changed the lease to his personal name when the Corp closed. He was not released from the contract.
        "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

        Comment

        • Gretel
          Senior Member
          • Jun 2005
          • 4008

          #5
          Then it looks like a rental loss on Sch. E.

          Comment

          • S T
            Senior Member
            • Jun 2005
            • 5053

            #6
            Guarantee

            You t/p might have had to personally guarantee the lease as well. So when the S corp closed, he was also responsible party, personally.

            Sandy

            Comment

            • Possi
              Senior Member
              • Mar 2006
              • 1432

              #7
              that's what happened...

              He was personally responsible.

              So I take the loss on Sch E?

              Rental expense and no income?

              That's going to look real strange....
              "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

              Comment

              • S T
                Senior Member
                • Jun 2005
                • 5053

                #8
                Well I have a few times

                So since it is a sublease that he personally guaranteed, would it be Schedule E, no income, since the sub lease stiffed him, with a note to that effect, and then a deduction for the amount he paid.

                Probably not addressed on the Corp return, since he personally guaranteed and the S Corp closed?

                Is the S Corp closed and final return filed?

                Thoughts

                Maybe someone else will jump in.

                Sandy

                Comment

                • Lion
                  Senior Member
                  • Jun 2005
                  • 4699

                  #9
                  Closed

                  I had an LLC/partnership that closed but had some trailing expenses the following year or two to close out. Can't remember where I researched, but ultimately put expenses on Schedule E page 2 as you would for unreimbursed partnership expenses labeled something like ABC LLC Closing Expenses. I can't remember why I went to the kitchen a few minutes ago, so don't trust me to remember why I reported the way I did.

                  Comment

                  • BHoffman
                    Senior Member
                    • Feb 2008
                    • 1768

                    #10
                    Along the same line, I am staring at a client worksheet with no rental income and he wants to take the expenses and I am wondering what to do. The house has been available for rent but not formally advertised. "For Rent" sign in the yard. Suppose that's good enough?

                    Possi, I would take the expense on Sch E and be done with it.

                    Comment

                    • Possi
                      Senior Member
                      • Mar 2006
                      • 1432

                      #11
                      Yes

                      Originally posted by BHoffman
                      Along the same line, I am staring at a client worksheet with no rental income and he wants to take the expenses and I am wondering what to do. The house has been available for rent but not formally advertised. "For Rent" sign in the yard. Suppose that's good enough?

                      Possi, I would take the expense on Sch E and be done with it.
                      I would take the house for rent expenses, and have many times. No doubt on that one, as long as it passed the rules for "available to rent."

                      I will do exactly that with my issue.... take it on the Sch E and run....

                      gracias!

                      "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

                      Comment

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