Real Estate Title Tax Reporting

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  • Gary2
    Senior Member
    • Aug 2010
    • 2066

    #16
    Originally posted by Y2KEA
    they do not seem to be concerned with a non partnership reporting of this activity.
    There is no requirement for treating this as a partnership, and I'd go as far as saying that it would be wrong to treat it as a partnership in the absence of a formal partnership agreement. See Pub 541, page 2, center column, "co-ownership of property maintained and rented or leased is not a partnership unless the co-owners provide services to the tenants." (Services, in this case, would be the sort that would move it to Sch C from Sch E, e.g. a motel.) Of course, there may be sound legal reasons for forming a partnership, but that's not my department.

    This is different from the original question, where the properties were in individual names, not joint.

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