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Updated about 4 years ago on . Most recent reply

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Kyle Scholnick
  • Boca Raton, FL
131
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Pay Yourself Rent? The Battle of Schedule C vs E

Kyle Scholnick
  • Boca Raton, FL
Posted

Are there any rules and regulations from IRS on paying yourself rent if you own an office building and your unrelated business uses that location? By doing that, it would put passive income on schedule E as opposed to schedule C which would decrease self employment tax right? 

Any reason not to do it? 

Most Popular Reply

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Eamonn McElroy#4 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
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Eamonn McElroy#4 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Atlanta, GA
Replied

@Kyle Scholnick

If you pay rent between your Sch C and Sch E, it won't be respected for federal income tax purposes.  You can't pay and receive rent to and from yourself. The real estate asset should be depreciated on the Sch C, regardless of any paperwork form over substance creations.  A good CPA will protect you from yourself here.

You need a regarded tax entity (partnership, S Corp, or C Corp) at the other side of the table if you want a true self-rental for income tax purposes.  Speak to your CPA.

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