Taxes/Write Off Short Term Rental Purchase

[cjh234]

My wife and I are looking at a short term rental property. What are the tax advantages of forming an LLC together vs. filing a partnership? Do we need to form something like this for one AirBnb property in order to get a business bank account and credit card etc. Or would we would be best suited for tax purposes to for an LLC we hire and pay to manage the property? 

For taxes, if we purchase the home this December in just our names and put in some money to renovate and furnish, but do not rent until 2023, are these expenses able to be written off on taxes? 

Thank you

[Critter-3]

My wife and I are looking at a short term rental property.  That is the definition of a partership no matter if you list it as an LLC with the state.  

What are the tax advantages of forming an LLC together vs. filing a partnership? An LLC is a state designation  ONLY   and can be taxed as  either a  Partnership  or S-Corp by the feds (a choice you must make) ... for a short term rental like AirBNB  either will work the same way.  ALSO the property must be titled in the LLC name if you are going that way.  

Do we need to form something like this for one AirBnb property in order to get a business bank account and credit card etc. Or would we would be best suited for tax purposes to for an LLC we hire and pay to manage the property?  You need to get an EIN to get a business checking account and register with the state ... again which business type you choose depends on your state regulations.  Seek local professional assistance to get things set up the proper way to begin with.

For taxes, if we purchase the home this December in just our names and put in some money to renovate and furnish, but do not rent until 2023, are these expenses able to be written off on taxes?  The purchase price + cost to buy + improvements =  cost basis for depreciation which starts when you place the asset into service.  You cannot "expense" them they must be capitalized and depreciated.

[Mike9241]

a multimember LLC must file a partnership return except in community property states.  paying a management company means that some of the rent is going to pay their fees but a higher rent to compensate may not be possible.  with a short-term rental when substantial services are provided, the profits, if any, are subject to self-employment tax. In some locations that rent may be subject to sales (or similar) tax which would be another filing.

Putting it into an S-Corp may then require each of you to take reasonable salaries that would require the application for and filing of various payroll tax returns and other forms. Losses, if any, would be limited to tax basis. While mortgages count as part of partner/llc member basis in partnerships/LLCs they do not in S-corps. Consult a tax advisor.