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Level 2
posted Nov 23, 2023 9:36:15 PM

Tax Classification for LLC

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

 

0 4 1506
4 Replies
Level 15
Nov 24, 2023 7:20:22 AM

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.

Level 15
Nov 24, 2023 9:25:09 AM

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. 

Level 2
Nov 25, 2023 9:20:05 PM

Thank you for replying.

I am going to get a Tax professional.

Level 2
Nov 25, 2023 9:21:06 PM

Thank you for replying.