Carl
Level 15

Investors & landlords

the Tenancy in common, it says that you cannot file as an entity per IRS?

So you will report it on SCH E as a part of your personal 1040 joint tax return. Assuming the rental property is the only thing owned by the multi-member LLC, I can't see any reason for that LLC to exist really, as you have absolutely nothing to report for the LLC. As you've discovered (and I wasn't aware until now) there is a difference between tenancy in common and jointly owned.

This is assuming the rental does not qualify as a Trade or Business. Typically for someone who owns 1, 2 or just 3 rental properties of the residential type, it is not common for it to qualify as a trade or business for tax filing purposes, while it may qualify as such under separate rules for the QBI deduction.