LLC's R/E losses to Personal Income tax 1040

LLC's R/E losses to Personal Income tax 1040

Real Estate Investor · New York, NY · Member since 2014 · 15 posts · 2 votes

Hi,

I am a R/E investor that is seeking the community's thought on the following tax related questions. Please feel free to chime in and provide your two-cents. Appreciate any help in advance.

Background Information: I purchased a 9 unit multi-family property under my LLC (partnership), which generated a net real estate loss for the year 2014. I currently manage the property in all aspects of the operation and do not require a property manager or a management team to service my building. I understand R/E income is a "passive" income for tax classification purpose. However, I do contribute over 30+ hours on a weekly basis and possibly even more during the winter months. Note: I am the general partner and also the largest shareholder in excess of 80%.

I also have a non R/E related full-time position that generates over 150K annually. This information is disclosed because I believe there may be a threshold that prohibit full-time position earners to use rental loss to offset earned taxable income.

1) Would it be possible to flow through the LLC's R/E losses to reduce my earned income? If this is not possible, are there other recommended tax strategies? NOLs are not possible given that this is a partnership (not a corporation or a sole proprietorship).

2) CPAs - do you recommend your clients (in similar situation) to claim themselves to be "real-estate professionals"? I understand there is a qualification list and I do feel like I meet them but I would like to hear thoughts from CPAs.

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  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    11y
    Originally posted by @Tiffy W.:

    Hi,

    I am a R/E investor that is seeking the community's thought on the following tax related questions. Please feel free to chime in and provide your two-cents. Appreciate any help in advance.

    Background Information: I purchased a 9 unit multi-family property under my LLC (partnership), which generated a net real estate loss for the year 2014. I currently manage the property in all aspects of the operation and do not require a property manager or a management team to service my building. I understand R/E income is a "passive" income for tax classification purpose. However, I do contribute over 30+ hours on a weekly basis and possibly even more during the winter months. Note: I am the general partner and also the largest shareholder in excess of 80%.

    I also have a non R/E related full-time position that generates over 150K annually. This information is disclosed because I believe there may be a threshold that prohibit full-time position earners to use rental loss to offset earned taxable income.

    1) Would it be possible to flow through the LLC's R/E losses to reduce my earned income? If this is not possible, are there other recommended tax strategies? NOLs are not possible given that this is a partnership (not a corporation or a sole proprietorship).

    2) CPAs - do you recommend your clients (in similar situation) to claim themselves to be "real-estate professionals"? I understand there is a qualification list and I do feel like I meet them but I would like to hear thoughts from CPAs.

     Unless you can prove you spend 2081 hours in real estate work you will not be considered a real estate professional and cannot call yourself so.. Being that you have a full time job, you will NOT be able to deduct your losses in excess of income this year. The losses are restricted at the shareholder level and will carryover on your personal tax return.

    A PAL is very much like an NOL. However, it just limits the losses deductible to any income in a given year.

    I recommend having an accountant prepare your first year return at least to be sure basis is calculated correctly.

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