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Level 4
February 25, 2021
Question

Rental Property

  • February 25, 2021
  • 4 replies
  • 40 views

I have a Retail store (LLC) on my property that I charge rent to for the building and then claim the rent on my personal taxes under Schedule E. Is that considered self-rental subject to recharacterization rules?  And if I have a profit on that rental is that considered non passive income?

    4 replies

    Carl
    Level 11
    Level 11
    February 25, 2021

    I have a Retail store (LLC) on my property that I charge rent to for the building

    Do you own the entity that pays the rent? If so, what kind of entity is it? Sole proprietorship? single member LLC? multi-member LLC? Partnership? S-Corp? C-Corp? Something else maybe?

    Is "my property" your personal residence? Or is it commercial property that you own?

    Basically, all income from all sources reported on SCH E is passive income. Period. But depending on your specific and explicit situation, SCH E may not be the right place to report the income.

     

    Level 4
    February 25, 2021

    I have a Retail store (LLC) on my property that I charge rent to for the building

    Do you own the entity that pays the rent?  YES I OWN AND IT IS ON MY PROPERTY - I HAVE A RETAIL STORE IN THE BUILDING - SINGLE MEMBER LLC.

    If so, what kind of entity is it? Sole proprietorship? single member LLC? multi-member LLC? Partnership? S-Corp? C-Corp? Something else maybe?  - SINGLE MEMBER LLC - SOON TO BE PARTNERSHIP

    Is "my property" your personal residence? Or is it commercial property that you own? IT IS A BUILDING ON MY PERSONAL PROPERTY THAT I HAVE HAD A BUSINESS ON FOR 10 YEARS.  

    Basically, all income from all sources reported on SCH E is passive income. Period. But depending on your specific and explicit situation, SCH E may not be the right place to report the income.  I WAS READING THAT IT IS UNDER SCHEDULE E BUT IT IS CONSIDERED SELF-RENTAL AND SUBJECT TO RECHARACTERIZATION RULES?

    Carl
    Level 11
    Level 11
    February 25, 2021

    If you the owner "materially participate" in the business that pays the rent, then yes, it's subject to the re characterization rules.

    @Hal_Al I'm a bit fuzzy in this particular area. Other than my statement above, that's all I really know about this aspect of rentals.

     

    Level 15
    February 25, 2021

    @Looney1966 wrote:
     And if I have a profit on that rental is that considered non passive income?

    The "self-rental rule" states that rental income is nonpassive while rental losses continue to be passive.