You'll need to sign in or create an account to connect with an expert.
If you rent the building to an S corporation that you effectively own, the income becomes nonpassive, but that still will not work for your purposes.
See https://www.irs.gov/pub/irs-utl/2013_NTF_Self-Rental_Tax_Dilemmas.pdf
Thank you. I am mainly looking to deduct rent as a business expense for the S corp like I would if I rented from another office building, without incurring FICA taxes on my personal return for the rent income (I just own my house and Office, no other rental properties), like I would if I rented it to another business.
@Chaseter14 wrote:
I am mainly looking to deduct rent as a business expense for the S corp like I would if I rented from another office building.....
Certainly (and I actually did precisely the same thing for years).
So there is no alternative since the Self Rental rule was implemented? I was told to use an Accountable Plan but is that only for Home Offices?
Read one of the posts above.
The self-rental rule has little to nothing to do with this. You need to pay yourself a salary in order to contribute.
I do pay myself a salary ... and I did, but the only alternative referred to a home office specifically... Regardless, thank you for the time.
your situation is different than above
you should actually draw up a lease between you as the owner of the property and the S-Corp. the reason is
that the S-Corp doesn't own the property. therefore the depreciation and expenses like taxes and mortgage interest are not reported by the S-Corp (except maybe for maintenance, repairs, insurance and possibly other expenses). so schedule E would show a loss. the reporting for the property would go on page 1 of Schedule E and look odd since no rental income is being reported. That may raise a red flag with the IRS. in addition, the loss would be passive so you face the rules regarding passive loss limits.
if fair rental is charged. the S-corp gets a deduction and the taxpayer reports the rental income on Schedule E. thus the taxpayer may now have either net rental income or a lower net loss which would help if subject to passive loss limits.
Rental activities are automatically treated as passive activities, with some exceptions, notably the self-rental rule. The self-rental rule prevents taxpayers from being able to “create” passive income from an active business in which tangible property is used by renting the property to an entity conducting the activity, or by causing the entity holding the property to rent it to the taxpayer.
Income from a self-rental is treated as nonpassive, while loss is treated as passive. Therefore, a taxpayer must pay special attention to the rental rate charged between their active business and their rental properties. If the rent charged is too low and produces a rental loss, the resulting loss becomes passive and may be suspended if the taxpayer otherwise has no other passive income with which to offset.
One interesting aspect of the self-rental rule is that it recharacterizes the rental income from an item of property, rather than from an activity. This is an important distinction even where the taxpayer may have made a grouping election to treat all rental real estate interests as one activity. The grouping election is only effective for purposes of determining whether a taxpayer materially participates in rental activities. Therefore, a taxpayer may have grouped rental activities for material participation reasons, but may also be subject to the self-rental rule for the rental of separate real estate properties to their active trade or business. One property rental may result in income, while the other results in loss. Each would be treated separately; the rental income as nonpassive, while the rental loss as passive. If these were the only two property rentals owned by the taxpayer or their holding entity, the loss from one cannot offset the income from the other.
Thank you very much for the detailed response. I have no other passive income. I also have no mortgage on the office building/space (that my spouse and I own). Is there not at least a way to get reimbursed or deduct the property taxes on my 1120-S or personal return and still take the Standard Deduction (Married Filing Jointly with no mortgage on home either) without deeding the the office space/building to my business or a formal lease? I feel like this is a big disadvantage since electing to be taxed as a S Corp (formerly a Single Member LLC).
you really need to see a tax professional to go over your tax situation. This may include revoking the S-Corp election.
the problem is that the S-Corp does not own the property and yet is using it for its business. this is not arms length so the IRS could attack this. when you were an unincorporated business you were taking or should have been taking depreciation on the building. you don't need a lawyer to draw up the lease, some websites for a fee will allow you to use a proforma'd lease to which you make whatever modifications you want.
another important factor is that should you ever sell the building, the tax laws require you to recapture the depreciation you took or in your situation more importantly the depreciation you should be taking on schedule E. that's where the real estate taxes get reported if you paid them.
the lease could require the S-Corp to pay the real estate taxes as part of the rent. this would reduce the fair rental the S-corp otherwise should be paying you. but again I don't know your entire situation or your knowledge of the tax laws affecting interactions between you and the S-Corp.
I'll bring up another point since you and the S-Corp are two separate tax reporting entities. have you taken a salary from the S-Corp? if not that would be another red flag for the IRS when you file the S-Corp return. the return for a calendar year S-Corp is due 3/15 of the following year not 4/15 as some suppose.
one of the main reasons for an S-Corp election is to avoid self-employment taxes on all the income that a business makes. 1/2 the medicare and social security taxes come out of your paycheck (a reasonable salary is required) and the S-Corp pays the other half. The rest of the S-Corp profits are not subject to these taxes whereas as an unincorporated business you pay those taxes on all your net business income but do get a tax deduction for 1/2 of these taxes.
there are other advantages and disadvantages to the election best discussed with a tax advisor. one might be having to file a separate tax return for the S-corp which if on a calendar year needs to be filed by 3/15 of the following year. not 4/15 as some suppose. late filing can result in penalties of $200/month.
@Chaseter14 wrote:
.......without deeding the the office space/building to my business or a formal lease?
I agree with Mike9241, you should get a local tax professional to review your scenario.
Regardless, do you have a rationale for not wanting to rent your property to the S corporation?
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
Alex012
New Member
atn888
Level 2
kare2k13
Level 4
Gary2173
New Member
fjpuentes1974
Level 3