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Updated over 10 years ago on . Most recent reply

User Stats

174
Posts
64
Votes
Luis Montanez
  • Contractor
  • Marietta, GA
64
Votes |
174
Posts

In a "subject to agreement" who keeps the rights to claim tax deductions?

Luis Montanez
  • Contractor
  • Marietta, GA
Posted

In the ideal circumstance the title of all your properties will be under a corporation and all transactions and deductions under the corporation so any profits or loss will flow to your personal incom.  

However, since it is hard at first to get loans for new entities all properties (in most situations) end up on the individuals name and as such must report this property's under personal income (sole proprietor).

But what IF,,,,  a 'subject to" agreement between you and your entity were you sell or give all rights to the entity to collect, manage and sell your properties? 

Do you think this will be way to "all that entity is not in the title of the property" have the right to collect the rents, pay the mortgage, and claim all deductions (i.e. deductions, miles, expenses, etc.) for it self?  Please do not mention having a similar agreement with your management company since this will flow some additional expenses to your management entity but not all, most will still be on your personal incom.

I know that this may sound shady at first, but lets not limit ourselves in giving this idea some serious thought. 

Thanks for taking the time to read this and providing some valuable input based on your vast experience.

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