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All Forum Posts by: Michael Plaks

Michael Plaks has started 104 posts and replied 5135 times.

Post: Help! Forming LLC taxed as S-Corp

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Alex M.

1) Yes, separate. Not only for tax reasons - for basic money separation. You never want to mix money when you have partners in one of the businesses but not the other. 

2) You may or may not benefit from S-corp. Depends on numbers. I would not go the S-corp route without getting customized advice. Form LLC now, but you have until 3/15 to make the S-corp election.

3) This is an attorney's question, and I'm not one. Usually attorneys recommend to create holding LLCs in the same state where they will hold properties, regardless of your residency.

Post: Tax Preparation in Cleveland

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Jeremy Janszen

These days, having a local accountant is no longer critical. Many of us here on BP work remotely, serving clients nationwide. Happy 2018!

Post: I prepaid 2018 property taxes. Mistake?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Chris K. and @Kyle J.

I also believe there is no risk to prepay EITHER way. If we eventually find out it is deductible in 2017 - great. If it turns out, after the dust settles, that it cannot be deducted in 2017 - then we deduct it in 2018.

In other words, prepaying at least gives us a shot. Waiting and not prepaying robs us of that shot, for sure.

Post: New Tax Law and rentals

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Leland Dunn

You're correct that nobody knows for sure at this point. I believe that you qualify, and no LLC is needed, but it's too early to say it with confidence. See more discussion on this thread.

Post: I prepaid 2018 property taxes. Mistake?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090
Originally posted by @Kyle J.:
Originally posted by @Michael Plaks:

Your attorney seems to contradict himself. He first says "must be prior to 1/1" and then says "the assessment date is 1/1". English is my second language, but it sounds to me like "prior to" requirement is NOT met.

I’m not an expert but I don’t see the contradiction. Another way of saying it is that the taxes must be assessed and paid prior to January 1, 2018. He goes on to state that the assessment date for Illinois is January 1, 2017 (which is prior to January 1, 2018). So that prong is met. 

He then says if you accelerate (pay early) any payments due in 2018 (that were based on the January 1, 2017 assessment) prior to January 1, 2018 then they should be deductible. 

That’s actually how my state (California) works and I just prepaid my next 2018 payment, which would have been due in April, so I can deduct it on my 2017 taxes. 

Don't think so. The assessment date in IL is Jan 1, 2018 for the prior year - which is 2017. Until next week, 2017 IL taxes are NOT assessed - and therefore cannot be prepaid.

That is how I read. I can see how it could be read differently, but I believe my reading is correct.

Post: Property Tax Deductions

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Patrice Penda

You answer is correct, but it's not what @Joe Moore asked. :)

He asked if he had to pay before Jan 1 to count as 2017 payment - and the answer is absolutely yes.

(You answer was whether he is allowed to prepay 2018 taxes - a different issue)

Post: Best Tax and Business Attorney

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

@Chris Pomerleau

Not sure why do you think you need an attorney. Tax attorneys are needed for advanced tax controversies (i.e. suing the IRS). Business attorneys are needed for asset protection and setting up business entities like LLCs. 

For business and tax planning, you normally use accountants: CPAs or EAs.

Post: Property Tax Deductions

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090
Originally posted by @Joe Moore:

It is my  understanding that the new tax bill requires that in order to deduct 2017 property tax, it must be paid no later than December 31, 2017.  If paid next month in January which I always pay, I will not be allowed to deduct it from 2017 income taxes.  Any of you tax professional please reply.  Thanks.

 Correct. And it is not from the new tax bill. It has always been the case.

Post: I prepaid 2018 property taxes. Mistake?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090
Originally posted by @Teague Anderson:

@George Skidis  You brought up something that keeps bouncing around in my head when I hear about people prepaying their taxes:  Can't you only deduct property taxes if you're itemizing?

I feel like there are going to be a million people around the country who prepay their property taxes, but 900,000 of them who did it for nothing because they're taking the standard deduction.  After all, it would be hard to get up to and track $24,000 (if married) of personal deductions.

Also, while you're here George... can you clarify a a couple other points?  This law won't affect the ability to deduct property taxes or mortgage insurance on rental properties, because those are expenses, right?

Thanks for you brains.

-Teague

Correct - property taxes and mortgage interest for rentals are NOT affected 

Post: I prepaid 2018 property taxes. Mistake?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,190
  • Votes 6,090

Your attorney seems to contradict himself. He first says "must be prior to 1/1" and then says "the assessment date is 1/1". English is my second language, but it sounds to me like "prior to" requirement is NOT met.