请教作为real estate professional 报税问题

紫色风裙
楼主 (文学城)

我家老公上班,有W2收入,我在家打理出租房,可以claim real estate professional. 有个LLC,是两人共同拥有,ownership 50% - 50%. 去年LLC收入为负,大约2万块。我可以用1万块去抵消老公的W2收入,还是2万块?谢谢

b
borisg
Perform more than 750 hours of service-I don't think you

did that.

紫色风裙
I logged the time spent everyday and the total working hours

was more than 750 hrs. 

b
borisg
wonder how many hours you spent on each.
柠檬椰子汁
which state?

Joint Ownership of LLC by Spouse in Community Property States

Rev. Proc. 2002-69 addressed the issue of classification for an entity that is solely owned by husband and wife as community property under laws of a state, a foreign country or possession of the United States.

If there is a qualified entity owned by a husband and wife as community property owners, and they treat the entity as a:

Disregarded entity for federal tax purposes, the Internal Revenue Service will accept the position that the entity is disregarded for federal tax purposes. Partnership for federal tax purposes, the Internal Revenue Service will accept the position that the entity is partnership for federal tax purposes.

https://www.irs.gov/businesses/small-businesses-self-employed/single-member-limited-liability-companies

 

https://www.irs.gov/businesses/small-businesses-self-employed/election-for-married-couples-unincorporated-businesses#:~:text=A%20qualified%20joint%20venture%20is,be%20treated%20as%20a%20partnership.

 

紫色风裙
Michigan. Thanks.
紫色风裙
I should be able to deduct 20k, if I understand it correctly

Could you please confirm? It's very helpful, thanks. 

柠檬椰子汁
I am not too sure.

Because MI is not a community property state, your LLC is a partnership that has to report K1 form. 

https://www.irs.gov/pub/irs-pdf/f1065sk1.pdf

see box 2 (net rental property income/loss).  

So the 20K loss has to be divived between you and your husband and report on K1. 

Your husband's 10K cannot be deducted.

Check with a CPA, this is my understanding.  

 

b
borisg
agree
雾蒙蒙雨霏霏
当学生的时候租一个老太太的房子,整个房子全租出去了。每周有好几天房东老太太总要来在porch上坐几个小时。很好奇

当学生的时候租一个老太太的房子,整个房子全租出去了。每周有好几天房东老太太总要来在porch上坐几个小时。很好奇,有一次问她这么冷为啥要在哪里坐着,她说因为她出租房子,每月一定要干多少小时的有关工作,她在那里坐着算工作。

R
Runnymede
有3点要注意就可以了。1,750小时的地产相关工作。2,主业是地产工作。3,100小时的亲手做的地产工作。

https://www.youtube.com/watch?v=V1LpiKldakQ


俩熊妈妈
哈哈,闲的!