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Should I create a partnership and use schedule E, if I moved to NV but am renting out 85% of my home in Co?

Or is creating a LLC, better. I will be traveling back to CO and staying in 1 room about 28 days a year.
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2 Replies
pk
Level 15
Level 15

Should I create a partnership and use schedule E, if I moved to NV but am renting out 85% of my home in Co?

@stephgriggs18 ,   from your post it is not clear what you are trying to achieve.

 

(a)  Partnership  would require you toi file a partnership  return  ( TurboTax Business ),  issue K-1 to each partner  for pass through tax liabilities etc. and you still have to  file your own return recognizing any  gains / losses  from renting out your old home in  CO.   Also some of the tax laws may be different between  a partnership  constituted under the state law  ( CO or NV )  It can rapidly get complicated.

(b) An LLC  ( again under state law ) is generally allowed to be a disregarded entity, does enjoy some protection  fro m claims , you still file a schedule-E for rental income and a Schedule-C covering any self-employment income.  It does however offer some limited protection from renter  suits  but the veil of protection is not as robust as that in the case of C-Corp.

(c) the fact that you are going to use a dedicated portion of the  rental / income property for personal use  has nothing to do with actual rental activity --- it is NOT personal use of rental property ( assuming that the rest of the property is always available for income generation ( even if in between rental ).

 

I don't know if this helps you enough but I would strongly suggest a discussion with a Tax attorney before  you decide  on the type of entity. you wish to own.

 

Is there more I can do for you ?

Should I create a partnership and use schedule E, if I moved to NV but am renting out 85% of my home in Co?

Thank you for your answer.  That helped a bit. 

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