M-MTax
Level 12

Investors & landlords

Is an llc without a real estate licensed professional considered a dealer if they buy and sell over 6 properties a year?

 

Yes, if your primary purpose for buying the properties was to flip them for a profit.

 

There are several factors you need to consider:

 

1. The purpose for which the property was acquired;

2. The purpose for which the property was held;

3. Improvements, and their extent, made to the property by the taxpayer;

4. The frequency, number, and continuity of sales;

5. The extent and substantiality of the transaction;

6. The nature and extent of the taxpayer’s business;

7. The extent of advertising or lack thereof; and

8. The listing of the property for sale directly or through a broker.