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125
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63
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Christian D.
  • Real Estate Broker
  • New York, NY
63
Votes |
125
Posts

Tax strategies for 1099

Christian D.
  • Real Estate Broker
  • New York, NY
Posted

I have REPS by actively and materially participating in my rental property portfolio, and also work as a real estate broker full time (1099 collecting commissions through a single member/purpose LLC) from buildings I sell.

My losses from my rental properties (LLC #A) largely offset any federal and state taxes from my brokerage business (LLC #B). However, my commission income is not shielded from self employment taxes. Can someone explain the advantages of having (LLC #B) taxed as an S-Corp as I am told only my "reasonable salary" paid out from (LLC #B) would be subject to self employment taxes.

I.e., I earn $200K through commissions through LLC #B. Currently all $200K is subject to self employment taxes ($30K tax bill).

If taxed as an S-Corp, I could pay myself $50K as a salary, and only the $50K would be subject to self employment taxes ($7.5k tax bill). The other $150K is treated as distributions and isn't subject to self employment taxes. The remaining $150K in this case is still eligible to be offset by any NOL from my rental properties from LLC #A.

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