I own 10 LLC's that control 40 single family rental properties. The property manager rents the units, takes deposits, collects the rents and pays the property expenses. He is supposed to take 10% of income as his commission. For the entire year of 2015, he paid me nothing! How do I do my 2015 taxes? I have filed an extension, but October 17 is coming up rather quickly. One individual suggested I give the prop. manager a 1099 for all the income that he kept; but it doesn't seem right. That would show that I actually received the money and paid it to them. I didn't receive anything. This case is ongoing in court right now, but the court is not concerned at this time about my tax question. Do I, or do I not have income to report?
"One individual suggested I give the prop. manager a 1099 for all the income that he kept; but it doesn't seem right."
It is exactly right, as you will then have zero taxable income. However, consult with your tax attorney/legal advisor first, since this is an ongoing case in court. Sending a 1099-MISC will without a doubt, jeopardize your case in court. As a matter of fact, you should NOT under any circumstances take ANY advice from this public user to user forum, as it could potentially impact your ongoing court case. You need to take the advice of your attorney or tax pro that you can look in the eye and hold them LEGALLY AND FINANCIALLY liable for the advice they give you. You DO NOT have that option when you take advice from this public user to user forum.