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This depends on what kind of trust is the owner of the LLC.
A single member LLC is (unless it has elected to be treated as a corporation or an S-corporation) always a disregarded entity. This means the income and expenses are included with the owner’s return as if the LLC did not exist.
If the trust is a living (or a grantor) trust, the entity is disregarded for income tax purposes from the individual owner. In this scenario, the income and expenses will be reported on Schedule E of the Form 1040 of the grantor (as if the grantor owned the rental in their own name).
If the trust is a domestic trust (a non-grantor trust) or income of the estate of a deceased individual, the rental income will be reported on schedule E (Form 1040) attached to a Form 1041 US Tax Return for Estates and Trusts.
My question is, in Florida if a revocable living trust is owned by a husband and wife and the trust is the sole member of the LLC , would the LLC be a disregarded entity for tax purposes? would this be considered a multi-member LLC or a single member LLC?
would the LLC be a disregarded entity for tax purposes? would this be considered a multi-member LLC or a single member LLC?
A single member LLC can not, under any circumstances and with no exceptions, have more than one owner.
A multi-member LLC can not, under an circumstances and with no exceptions, have less than two members.
If this property is "IN FACT" owned by the trust and that trust is the named owner on the deed, then the trust will report the rental income/expenses on SCH E as a physical part of the 1041 trust return. Then depending on the type of trust and how that trust is set up (there are hundreds of possibilites in FL) the trust will issue the benificiary of the trust a K-1. Then the recipient of that K-1 will report the K-1 on their personal 1040 tax return.
On the 1041 trust return all rental stuff will be reported on page 1 of the SCH E.
On the 1040 personal return of the person that receives the K-1 issued by the trust (if applicable to your specific and explicit situation) the K-1 information will appear on page 2 of the SCH E that is a part of the recipients personal 1040 tax return.
I would "HIGHLY" suggest you seek professional help on this, if this is the first year the trust is dealing with rental income. Even the tiniest of mistakes will grow exponentially as the years pass. Then when you catch the error (if the IRS doesn't catch it first) the cost of fixing it *WILL* *BE* *$EXPENSIVE$*
Remember, errors on the trust return that results in fines and penalties are the responsibility and liability of the legally appointed/recognized administrator of the trust. So while the trust will pay any back taxes due, it is the legal administrator of the trust that pays all fines and penalties out of their own pocket, and those fines and penalties are not deductible on any tax return, ever. THose fines and penalties make the cost of professional help seem like a pittance in comparison.
ALso, depending on the type of trust, while FL does not tax personal income, you "may" be required to file a trust return with the state for the primary purpose of maintaining the "active" status of that trust with the state. SO while taxes may (or may not) be assessed by the state, penalties "are" assessed for an incorrect filing.
Do note also that TTX Business can not be used to file a trust return with the state. Since FL does not tax personal income, there is no FL state module included with or available for the TTX Business program.
I'm not sure if there's a module included for FL for the yearly filing though. I would expect not, since no taxes would be assessed anyway. But if there is a module, it probably only includes the DR-405 for reporting the tangibles property tax assessed by the local county. That would come into play if the trust owned a business registered and operating in FL, and if that business actually had income producing assets other than real estate.
While "technically" rental real estate is a business, if not claiming any other assets such as furniture or appliances, then no tangible property tax would be assessed anyway.
a revocable trust is always a grantor trust. by the mere fact that the grantors can do whatever they want. unless the grantors take certain steps to make it irrevocable. That does not appear to have happened in your situation.
got some bad news for you. Florida is not a community property state. You have a LLC with the husband and wife as members. thus it does not qualify for the Qualified Joint Venture exception to filing a partnership return.
so you must file a partnership return that requires TT desktop software. failure to file can result in penalties of about $400 per month for failure to file. the penalty can be imposed for up to 12 months.
Thank you so much for your reply. I will follow your advise and seek professional help. This seems more complicated than I thought.
Do you know how to enter the disregarded LLC owned by an irrevocable trust on 1041 in Turbo tax? Thx
Great explanation. Do you know where to enter the disregarded entity (LLC) owned by an irrevocable trust on 1041 in Turbo tax? The LLC is 100% owned by the trust. The LLC received a K1 so it should be passed on to the trust. Thx
Thanks for the answer. While I am working on the 1041, there is no place I can enter information for Schedule E (for a LLC solely owned by the irrevocable non-grantor trust). May anyone share how? Thanks
The information for Schedule E may come from 1) Rental/Royalty Properties or 2) Business Investment on Schedule K-1. Both may be entered from the Income topic in TurboTax Business for a Form 1041 Trust return. Click start beside the topic that applies to Schedule E and follow the interview to enter all information regarding this activity.
Thank you for the reply. I understand how to enter the information relating to 1) Rental/Royalty Properties or 2) Business Investment on Schedule K-1, but how to enter the information for a soly owned LLC by the trust. The business does not relate to rentals and no K1 since it is soly owned by the trust. Thank you
To clarify, what business is the LLC involved with if not rentals? Is the LLC have multi partners of just one? Why do you need to report Schedule E for the LLC?
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