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Level 1
posted Mar 11, 2022 8:03:51 PM

Have living trust own SMLLC that holds rentals Used Home and Business desktop download version to do 2021 tax How can change from Individual to Trust in CA 568 form?

In CA form 568 right before signature section, there is a question on "the ultimate owner of this SMLLC."  I enter all rentals in the Business section.  I enter the LLC in CA section.  TT automatically choose (1) Individual.  In my case it should be (4) Estate/Trust.  Is there a way to select choice 4?

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20 Replies
Expert Alumni
Mar 15, 2022 6:09:21 PM

No. You are trying to file a 1040 Schedule C return and you need to file a 1041 Trust return. These are two different products. You need to purchase a Turbo Tax Business product to file a 1041 Trust return. You can purchase a download here.

Level 1
Mar 16, 2022 10:12:43 PM

Hi Dave,

 

My trust is a grantor trust and uses my social number.  It is a pass through entity.  Do I still have to file the 1041 Trust return?

 

Anthony

Expert Alumni
Mar 17, 2022 6:07:25 AM

A grantor trust is ultimately owned by an individual and generally does not file a Federal Income Tax return.

 

On California Form 568 under Single Member LLC Information and Consent, use your Social Security Number and check the box for (1) Individual. You may include the title of the trust under Sole Owner's name and use the title of Grantor.

Level 1
Mar 17, 2022 3:08:31 PM

Thank you Patricia.

Just want to confirm. 

What I have done is correct then (filing rentals under business section)?

I don't need to buy the Business package to file any extra forms?

 

Anthony

Level 1
Mar 27, 2022 6:58:33 PM

I have not heard a reply to my message.  So I have to hire a CPA to do my tax.  She uses Schedule K from Form 568.

 

This Turbo Tax version doesn't produce this schedule.  Is it safe to say that I have I have an LLC, I should be using the Business version so that I have all the necessary forms?

Expert Alumni
Mar 28, 2022 7:02:16 AM

It sounds like you elected to be treated as a Partnership. According to the State of California, "An LLC that has elected to be treated as a partnership for tax purposes uses Schedule K‑1 (568), Member's Share of Income, Deductions, Credits, etc., to report your distributive share of the LLC's income, deductions, credits, etc."

 

In this case, you would need to prepare and file both Federal and a State Income tax returns using TurboTax Business. Then you would include the information from Schedule K-1 on your personal 1040 tax return.

Level 1
Mar 29, 2022 8:37:45 AM

Hi Patricia,

 

I have sold one of my rental which makes my LLC earn more than $250K.

With the Home and Business package, the gain on the house sold doesn't show up on Schedule IW Line 14 California 1231 gains.  This is the problem.

 

Anthony

Expert Alumni
Mar 31, 2022 8:18:55 AM

Please clarify if you are entering Schedule K-1 for your LLC in your personal return. If so, what box(es) on the K-1 reports the gain from the rental sale?

Level 1
Mar 31, 2022 12:54:25 PM

On schedule K, I see line 2 and line 10 a and b filled out.

Expert Alumni
Apr 1, 2022 8:49:54 AM

It appears you are entering this information under the wrong TurboTax topic. Schedule K-1 from your LLC should be entered under Personal >> Business Investments and not under Business >> Business Income and Expenses

 

The Federal K-1 information flows to your California return as a Partnership K-1 that needs to be reviewed under State Taxes as "income that California handles differently". Entered and reviewed correctly, the K-1 income flows to California Form CA and then to Form 540.

 

Schedule IW is the LLC Worksheet for Federal Schedule C, not Schedule K-1.

Level 1
Apr 6, 2022 11:09:47 AM

Hi Patricia,

 

I am so confused.  Let's reset everything.

 

I have a few rentals under an LLC owned by a trust.  I am the trustee.  It is a simple trust.

I am using Home & Business edition.  I enter all rentals income into the Business->Rental Properties and Royalties (Sch E).  On that section, I indicated that I sold one of my rental which automatically shows up in Business->Less Common Business Situations->Sale of Business Property.

 

What is the magic to get the income shows up on line 14 of Schedule IW?

 

Thanks,

Anthony

Expert Alumni
Apr 7, 2022 7:08:49 AM

Please confirm that 1) you have reported this Schedule C as an SMLLC and 2) have form LLC Income Wks in your list of forms.

 

If you're using TurboTax Online, you can see your forms list by going to Tax Tools in the left column. Select Tools, then Delete a Form. You won't delete anything, you are simply looking for the form mentioned above.

 

If you want to print the forms in your return before filing, you need to pay for TurboTax first, then you can download your return in PDF format.

Level 1
Apr 7, 2022 10:00:48 AM

Hi Patricia,

 

I am using the download version.

 

I click on "Open Form" button.

Searching on "Schedule C", I can see the form Schedule CA, Section B Lines 3, 5, and 6.  On that form I see my rentals in Section B, Line 5.

Searching on "LLC Income worksheet", there are none created.

 

Then I click on "Print Center" and output all forms, I cannot find the form Schedule CA, Section B Lines 3, 5, and 6, but I see LLC Income worksheet  Form 568 schedule IW.

 

Anthony

Expert Alumni
Apr 7, 2022 11:45:34 AM

During the California State interview, did you make any entries or adjustments from the Form 568 Schedule K-1 (California K-1)? 

 

You can check this by opening Form 568, p 3-5, and scrolling down to Schedule K Line 10a. This form will take manual entries for boxes that turn blue when you hover. As long as the numbers you type aren't red and the form doesn't have a red exclamation mark, your entry is acceptable.

 

Note: Schedule IW (LLC Income Wks) Line 14 (CA 1231 gains) comes from Form 568 Sch K Line 10a, which reports Sch K-1 Section 1231 Gains/Losses. Although you sold a rental property, the gain/loss is related to Sch K-1.

 

 

Level 1
Apr 7, 2022 2:23:03 PM

On the Form 568, I see Side 1, 2, 3, and then 7.  Side 4, 5, 6 are missing.

 

During the CA State interview, I did not make any adjustments.

I went back to CA return in the Turbo Tax.  At the "Here's the income that California handles differently", I see Home->Home Sale.  I click on Revisit.  It shows my rental as my "Personal Residence".  This can explain my problem.  I click on it and I do not see any other choices.  How do I tell that this property is a rental, and not my home residence?

Level 1
Apr 7, 2022 4:02:35 PM

In the section "Here's the income that California handles differently"=>Business=>Rental or Royalty Adjustment, I click "revisit", I make sure that all properties is "owned by a single member LLC".  At the "Form 568 Summary", I click on "Edit" next to my LLC name, then "Continue to Slide 4", I see Schedule A, B, K.  I see line 2 filled out on column (b).  I don't see anything on line 10a or b.

Level 1
Apr 18, 2022 8:03:18 PM

Hi Patricia,

 

I have not heard back on this thread.  It looks like it is a Turbo Tax bug.  This is critical because there are penalties for omitting this information in the form.

 

Anthony

Expert Alumni
Apr 19, 2022 7:43:37 AM

Did the rental sale include a personal component? In other words, was that property converted to or from your personal residence during the time you owned it?

 

The box for ultimate owner cannot be changed manually. TurboTax asks only if taxpayer, spouse, or both own the business. There is no option for a trust to own a Schedule C business.

 

Because the filing deadline has passed, you should have filed an extension with an estimate of your taxes based on the information you have already entered. That will give you until October 15th, 2022 to file the full return. If you will owe taxes, you will want to pay an estimate of that now, so you will only on interest on any extra amount. If you pay too much, it will be refunded to you. Please click the link below for a TurboTax Help article with information about TurboTax Easy Extension found at the bottom of the left menu bar. TurboTax Easy Extension

Level 1
Apr 19, 2022 10:32:47 PM

Hi Patricia,

 

Luckily I have a CPA. I have filed my tax already.  I don't need to file an extension. 

By checking her work against Turbo Tax for a possibility of doing the tax myself next year, I am running into this issue.

 

No, the property has always been 100% belonging to the LLC.  We do not have a personal interest on it.  The LLC is owned by the trust where we are the trustees.

Per the CPA the trust doesn't need to be shown on the tax return.  I need a way to tell Turbo Tax that the property was owned by the LLC and was sold under LLC.

 

Anthony

Level 1
May 4, 2022 8:46:01 AM

Hi Patricia,

 

I have not heard back on this thread.  Is Turbo Tax going to fix this bug?  I would like to know if I can rely on it for my next year tax return.

 

Thanks,

Anthony