LLC taxes on a Limited partner equity investment?

LLC taxes on a Limited partner equity investment?

Member since 2018 · 82 posts · 16 votes

So not sure if this is in the right subforum.

So I and 3 friends created an LLC to invest in a larger RE operation. The big company buys 500+unit apartment complexes and BRRR's them, offering 'shares' as Limited Partners to investors, distributing quarterly distributions.

This is an informal conversation from the big LLC manager:

"The first several years have significant depreciation, which is a non-cash loss and really just shields from tax exposure. It does not mean that the property is losing money. Because of the large depreciation-based losses, you will actually have some passive losses to distribute amongst your partnership. These can be used against other passive gains you may have from other investments. Also, our distributions are treated as return of capital (not return on capital), which means that you aren’t taxed on the cash distributions during the early years of the deal.

To answer your question specifically, if we hold the asset for more than a year before selling, the profits are treated as long-term capital gains. If we sold the property just 6 months after acquiring, then the profits are ordinary income."

So I'm starting to do taxes (TurboTax Business) and trying to create an 1065 so we can file K-1s.

We started LLC Feb 2018 and signed the docs by March.

  • Total initial investment = $100k (split 25/25/50 among 3 members)
  • Total distributions earned in 2018 = $2,515.63 ($628.91/$628.91/$1257.82)

Is this something I can do in TurboTax or do I need to get a CPA involved?

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  • Attorney · Boston, MA · Member since 2018 · 109 posts · 63 votes
    7y

    Get a CPA involved. If the LP is investing in various states, then the LLC and/or the LLC members may have withholding obligations in multiple states as well. This setup is going to get complicated pretty quickly.

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    7y

    @Adam L.

    You should get a CPA Involved.
    You are dealing with not only your tax situation but the tax situation of 2 others. 

    Taxation as it relates to partnership's can be very complex. Especially if you are investing in another partnership.

    I am surprised that you are even able to do your partnership return right now. You likely need to wait for a K-1 from the "big company".

    "distributions" aren't earned. It may just lower your basis in the underlying partnership.

  • Real Estate Agent · Belmar, NJ · Member since 2017 · 370 posts · 200 votes
    7y
    Originally posted by @Adam L.:

    So not sure if this is in the right subforum.

    So I and 3 friends created an LLC to invest in a larger RE operation. The big company buys 500+unit apartment complexes and BRRR's them, offering 'shares' as Limited Partners to investors, distributing quarterly distributions.

    This is an informal conversation from the big LLC manager:

    "The first several years have significant depreciation, which is a non-cash loss and really just shields from tax exposure. It does not mean that the property is losing money. Because of the large depreciation-based losses, you will actually have some passive losses to distribute amongst your partnership. These can be used against other passive gains you may have from other investments. Also, our distributions are treated as return of capital (not return on capital), which means that you aren’t taxed on the cash distributions during the early years of the deal.

    To answer your question specifically, if we hold the asset for more than a year before selling, the profits are treated as long-term capital gains. If we sold the property just 6 months after acquiring, then the profits are ordinary income."

    So I'm starting to do taxes (TurboTax Business) and trying to create an 1065 so we can file K-1s.

    We started LLC Feb 2018 and signed the docs by March.

    • Total initial investment = $100k (split 25/25/50 among 3 members)
    • Total distributions earned in 2018 = $2,515.63 ($628.91/$628.91/$1257.82)

    Is this something I can do in TurboTax or do I need to get a CPA involved?

     As others have said, get a CPA involved. You will need to calculate basis for each partner as well as (assuming each partner has equal split of P&L) calculate total profit / loss on operations.. You'll want to know what expenses are tax deductible as well as address and Unreimbursed Partnership Expenses ("UPE"), if any.

  • Member since 2018 · 82 posts · 16 votes
    7y

    Originally posted by @Cody Z.:

    able to recommend a CPA to talk with?

  • Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    7y

    @Adam L.. Are you and all

    Your friends accredited investors? Usually you have to be accredited to do these sorts of deals

  • Real Estate Agent · Belmar, NJ · Member since 2017 · 370 posts · 200 votes
    7y
    Originally posted by @Adam L.:

    Originally posted by @Cody Z.:

    able to recommend a CPA to talk with?

     Hi Adam,

    Shoot me a PM and we can discuss.

    Thanks

  • Member since 2018 · 82 posts · 16 votes
    7y

    So I finally got the K1 from the parent LLC company here...Wondering/hoping someone could give me a little bit of walkthrough on what I'm reading here.

    So we invested $100k to this company for the first year of this deal.

    This is the return we got back....I'm a bit unsure about that -$59k number....but I remember yall discussing this is 1st year depreciation that can be carried forward to offset our real taxes.

    Please, I'd love some coaching on what I'm reading here.

    I have TurboTax Business, so I need to take this K1 and create a 1065 for our small LLC to then distribute K1's to our 3 members. How do we split this up 50/25/25?

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