slee15
Returning Member

Providing substantial services in (STR) Rental Property held in LLC, do I file a Schedule C or E?

Background: My wife and I own a Short Term Rental Property that is held in a partnership LLC where we provide substantial hotel-like services (e.g.,  daily cleaning, in-room coffee, fresh linens and towels, pool, etc.).  The LLC is registered in Delaware and we file a Federal Business Tax return annually.  We each receive a K-1 with a net rental real estate LOSS.  We are not real estate professionals.  However, we satisfy the requirements for STR Tax Loophole (e.g., guest stays on average less than 7 days, we materially participate, etc.) for non-passive income.  

Questions:

1) Do we file Schedule C or E?  When I try to file under Schedule C, TT asks us similar questions as the Business Tax Return which I already filed.  If I file it under Schedule E, TT classifies it as a passive loss and outputs a zero instead of a loss.  

2) Should we dissolve LLC to make future filings easier? 

 

Thank you!


Reference: https://ttlc.intuit.com/turbotax-support/en-us/help-article/form-1040/report-rental-schedule-e-sched...