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Updated about 5 years ago on . Most recent reply

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Al Pat
  • Rental Property Investor
  • Atlanta, GA
253
Votes |
325
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Rental LLC election Partnership or S-Corp

Al Pat
  • Rental Property Investor
  • Atlanta, GA
Posted

I have a LLC that is owned by my wife and I. Ever since it was created, we have elected it to be treated as partnership and pay self employment tax on income (if there is income in a given year). My current accountant prepares K-1 for my wife and me and then it goes to my 1040. I was recently consulting with a new CPA, and he suggested that I should change the LLC election by filing with IRS and have it treated as S-Corp. In his opinion, my wife can draw salary and pay tax on it as a general partner (depending on how much we decide) and then rest will be distributed to both of us (don't know in which term) and will count towards our ordinary income, saving 15% in FICA/SS tax. I know there are some very competent accountants here and I would like to know their opinion on this matter. Should I change the election of my LLC from partnership to S-Corp? or leave it alone? what is good for long term where I definitely will have profit every year on my rental even after claiming depreciation.

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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
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Eamonn McElroy#5 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
Replied

@Al Pat

Not nearly enough information in the OP to give an answer.

S Corps are less compelling in the post-TCJA landscape in my practice's opinion than they were before.  The QBID/reasonable comp teeter totter dynamic deserves consideration.

A competent tax professional should be able to run a projection that gives you hard data.

Good luck.

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