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Level 2
November 24, 2023
Question

Tax Classification for LLC

  • November 24, 2023
  • 1 reply
  • 0 views

Hello
Seeking advice on Tax Classification.


I am a new Real Estate Investor, and the home I bought is owned under an LLC. 

I live in California and the LLC is in Indiana, where I bought the rental property.

I would like the homes I buy to not affect my personal Debt to Income Ratio. 

 

I'm opening a Business bank account. Should I do my tax classification under 'Sole/Individually Owned' or as a ' C Corp'? I would like to know the pros/cons of each.

 

I hope my question is clear.

 

Thanks

Lawrence

 

    1 reply

    Level 15
    November 24, 2023

    Your LLC is treated as disregarded for federal income tax purposes unless you make an election to be treated as either an S or a C corporation (so it is the same as having a sole proprietorship as far as the IRS is concerned).

     

    Frankly, you should consult with a local tax professional and/or legal counsel.

    Mike9241
    Level 15
    Level 15
    November 24, 2023

    The issue I see is the mortgage if you convert the LLC from a sole proprietorship to a C-Corp.

    Would the mortgage remain your liability or could it be transferred to the Corp without tax issues?

    Would the mortgage company be okay changing to a C-Corp with this or would they have the right to call the mortgage?

     

    other issues with a C-corp any profits or losses remain in the Corp. They do not pass through to the shareholder.  with profits there would be a tax at the corporate level and upon eventual liquidation of the C Corp there would likely be another tax at the personal level. 

    Mike9241
    Ognak1Author
    Level 2
    November 26, 2023

    Thank you for replying.