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Sch C to Partnership to avoid SE tax

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    Sch C to Partnership to avoid SE tax

    With 2009 tax season mostly over and done with, we can all move forward with our "cleanup" situations we put on the back burner. Mine is not too difficult, but I do need some advice.

    I have a client who has vacation rental cabins that he always rents out for short periods of time....1 week or even 2 weeks at a time. This activity has always been reported on his Sch C. At the beginning of 2008, his neighbor convinced him to have another CPA create a partnership and to put this activity inside the partnership. So, he did. The CPA then prepared a firts and last 1065 for 2008 for this newly created entity (form 1065).

    I am supposed to prepare this clients 1040, using the PS K-1. Here is my concern. The CPA made my client a 1% general partner, his daughter a 1% limited partner, and my clients living trust a 98% limited partner. Isn't the income still subject to SE tax? Do I have reason to feel uncomfortable with this new setup?
    Dave, EA

    #2
    Isn't this the same case as your previous post? I don't understand why the CPA did a "first and last" 1065?

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      #3
      Yes, my bad...I meant to post this on another site. Sorry for the confusion. The CPA did a first and last because the client decided he really did not want to complicate his life with a mess of tax schemes. He really does like to keep his life simple.
      Dave, EA

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