Rental Property - SMLLC

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  • NSNM
    Member
    • Jun 2008
    • 80

    #1

    Rental Property - SMLLC

    Taxpayer owns a Suite in a professional commercial building.
    He has registered the rental activity under Single Member Limited Liability Company in New Jersey State.
    He has rented the suite to his wife's (Medical Doctor) S-Corporation.
    Where does he report the rental activity - Schedule C or Schedule E ?
  • Gretel
    Senior Member
    • Jun 2005
    • 4008

    #2
    Schedule E - you might want to talk to him about charging FM rent.

    Comment

    • Burke
      Senior Member
      • Jan 2008
      • 7068

      #3
      Also, see the rules about self-rental and passive losses. TTB, 7-10 & 7-11. "A spouse's participation in an activity is included with the taxpayer's participation for purposes of material participation rules. The applies even if the taxpayer and spouse do not file a joint return for the year."

      Comment

      • NSNM
        Member
        • Jun 2008
        • 80

        #4
        Sch E - SMLLC name

        When I create Schedule E for reporting rental activity of SMLLC owned by husband only, joint filers' name shows up on the schedule.

        Legal name of SMLLC itself does not show up anywhere on the Schedule E.

        SMLLC has its own EIN, which does not appear on Schedule E.

        Whereas Schedule C has a line for Business name and a box for EIN.

        Is this proper way to report the SMLLC rental activity on Schedule E.

        How would IRS match any 1099-Misc issued under SMLLC's EIN, but EIN itself is not seen on the Schedule E.

        Gretel I thank you that you suggested Schedule E few days before. But I want to connect 1099's with EIN, or it does not matter to IRS.

        Burke - Pointing reference to TTB 7-10 and 7-11 (self-rental and passive losses) was very helpful. Thank you.

        Comment

        • Gary2
          Senior Member
          • Aug 2010
          • 2066

          #5
          Originally posted by NSNM
          When I create Schedule E for reporting rental activity of SMLLC owned by husband only, joint filers' name shows up on the schedule.
          Assuming it's a joint return, that's correct. Unlike the Schedule C, for which the corresponding SE tax is per person, there's no reason for the Schedule C to indicate that the property is only in the name of one person.

          Legal name of SMLLC itself does not show up anywhere on the Schedule E.
          Correct. It's irrelevant.

          SMLLC has its own EIN, which does not appear on Schedule E.
          Correct, it's mostly irrelevant. The main relevance is matching the 1099-MISC for rents, if any, issued to the LLC under its EIN against the taxpayer.

          Whereas Schedule C has a line for Business name and a box for EIN.
          My guess it's for cross-checking business payroll taxes - plus because it's far more common for a Sch. C to have an EIN. But that's just a guess.

          Is this proper way to report the SMLLC rental activity on Schedule E.
          Seems correct to me - ignoring any issues that may occur because of rental to related party.
          How would IRS match any 1099-Misc issued under SMLLC's EIN, but EIN itself is not seen on the Schedule E.
          They'll look for the TID that was provided when the EIN was issued.

          Comment

          • NSNM
            Member
            • Jun 2008
            • 80

            #6
            Brilliant

            Gary - That is a brilliant answer. You disseminated every point so clearly. No confusion.
            Thank you. Now I can complete a return I held it for a while. Thanks agan Gary.

            Comment

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