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Updated about 10 years ago, 10/11/2014

User Stats

8
Posts
0
Votes
Kenny Boyd
  • Real Estate Investor
  • New Orleans, LA
0
Votes |
8
Posts

Husband-Wife LLC, community property state, SCH C vs SCH E

Kenny Boyd
  • Real Estate Investor
  • New Orleans, LA
Posted

My wife and I reside in a community property state (LA) and are the sole members of an LLC that own several rental units and a non-income generating vacant property. We will treat the LLC as a disregarded entity under Rev. Proc. 2002-69. For 2013, I qualify as a real estate professional. Our understanding is that we should file income and expense for the rentals on Schedule E and that we should treat them as jointly owned. A few questions, if anyone can comment:

1) Does Schedule E sound correct?

2) Recommendations that couples in this situation reporting the disregarded entity on Sch C file split the P&L and file separate Schedule C's are just meant to allow each member to capture social security benefits from the self-employment tax, correct?  That is, we will only file the one Sch E listed each property once as jointly owned?

3) When and if we flip the non-income generating property, it will have been held over a year. However, won't it need to be reported on Sch C since it will never have been income-generating? Is it ok to report some of LLC activities on Sch C and some on Sch E?

Any thoughts are greatly appreciated.  Also, we have not been able to find a CPA or attorney with the appropriate expertise to help us in Louisiana, so recommendations are also welcome.

Thanks BP!

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