Curious LLC vs S Corp vs leave on schedule E for real estate professional with short term rentals
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if the LLC owns the property and elected S-Corp status it goes on the S-Corp return. I don't think there is a clear answer as to whether you need to take a salary.
a single-member LLC (SMLLC), that has not elected S-Corp taxation, is a disregarded entity and assuming you do not provide significant services to the renters, you report on schedule E.
on the other hand a SMLLC
(2) Services rendered for occupants. Payments for the use or occupancy of rooms or other space where services are also rendered to the occupant, such as for the use or occupancy of rooms or other quarters in hotels, boarding houses, or apartment houses furnishing hotel services, or in tourist camps or tourist homes, or payments for the use or occupancy of space in parking lots, warehouses, or storage garages, do not constitute rentals from real estate; consequently, such payments are included in determining net earnings from self-employment. Generally, services are considered rendered to the occupant if they are primarily for his convenience and are other than those usually or customarily rendered in connection with the rental of rooms or other space for occupancy only. The supplying of maid service, for example, constitutes such service; whereas the furnishing of heat and light, the cleaning of public entrances, exits, stairways and lobbies, the collection of trash, and so forth, are not considered as services rendered to the occupant.
Treas. Reg. Sec. 1.1402(a)-4(c)
If you provide services “primarily for the convenience” of your tenants other than those that are customarily rendered in connection with renting rooms, then you have a Sec. 1402 activity.
And if you have a Sec. 1402 activity, the rental is reported on Schedule C and the income is subject to self-employment taxes.
I agree with @Mike9241, except I do not believe you would need to take a salary if S corporation status is elected unless services are provided to the tenants (as described by Mike).
Otherwise, no salary should be required to be taken as the rental is a passive activity and, as a result and technically, no services are provided to the corporation to generate the rental income.
This is why I have a question about salary. he says he's a real estate professional thus
A rental activity of a taxpayer that qualifies as a real estate professional under Sec. 469(c)(7) is not presumed to be passive and will be treated as nonpassive if the taxpayer materially participates in the activity.
@Mike9241 wrote:
This is why I have a question about salary. he says he's a real estate professional thus
A rental activity of a taxpayer that qualifies as a real estate professional under Sec. 469(c)(7) is not presumed to be passive and will be treated as nonpassive if the taxpayer materially participates in the activity.
That may be a valid point but, with respect to an S corporation (1120-S), it seems to me that any salary would have to be reported on Form 8825 (there is, in fact, a line for that). Otherwise, a salary for providing services to the corporation would not make much sense since it would be directly derived from real estate rental income and nothing else (the K-1 would reflect that on Line 2 and there would be a loss from the salary on Line 1).
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