Page 1
Page 1
Started By
Message

Before I meet with a CPA, rental properties?

Posted on 9/19/16 at 2:31 pm
Posted by Serraneaux
South of 30a
Member since Mar 2014
19665 posts
Posted on 9/19/16 at 2:31 pm
I have three townhouses in and around Nashville that I currently lease. I have mortgages on all 3. I personally put down the 20-25% for all three. Can that be considered a business loan and is there any way deduct this amount as a term loan or an expense inside of an LLC? I depreciate the cost of the mortgage at 27.5 years. What do I need to do?

I'm not using the money for anything right now other than putting it towards the mortgage debt and reserves so I don't need any income from these as a primary source of money.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 9/19/16 at 4:07 pm to
So you want to set up an LLC, and treat the money you personally invested in the properties as a loan to the LLC?

And then charge your LLCs interest?

quote:

I depreciate the cost of the mortgage at 27.5 years


Do you mean this is the payoff period for the mortgage? Or are you talking about the depreciation of the properties?
Posted by Serraneaux
South of 30a
Member since Mar 2014
19665 posts
Posted on 9/19/16 at 9:38 pm to
Yes, I'm asking if I can do that. I guess it would be just the interest that can maybe be expensed. I'm currently depreciating the property at 27.5 years (based on the cost or primary mortgage on the property which is about 85-90% of the total,value of the property). The "loan" would be on the remainder of the cost of the property.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6141 posts
Posted on 9/20/16 at 9:01 am to
quote:

interest that can maybe be expensed


You would then have to report it as income.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 9/20/16 at 9:51 am to
So you want to treat the initial down payment, essentially, as a loan to the company, and amortize it with an interest expense.

You could do that, but you would be required to also pick up interest income personally, so it would be a wash. You would get no benefit.

Also, I assume you are the sole owner of the properties and would be the sole owner of the LLC, so by putting it initially into the LLC, the only thing you are doing (assuming it's treated as a single member LLC with income being reported on your personal tax return, Schedule E) is asset protection, which don't get me wrong, is a good thing to do.

But for tax purposes, it's as if the LLC doesn't exist.

Now if you were to put the props into an LLC and then bring in additional investors into the LLC, then the LLC would become a seperate entity for tax. It still would not change the interest idea, though.
Posted by Serraneaux
South of 30a
Member since Mar 2014
19665 posts
Posted on 9/20/16 at 9:58 am to
I knew there was a reason I hadn't done any of this yet. I feel like I looked at it from every angle and there it zero benefit of doing so. Thanks for the advice. Did you go to ARHS by chance?
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 9/20/16 at 10:17 am to
quote:

So you want to treat the initial down payment, essentially, as a loan to the company, and amortize it with an interest expense. You could do that, but you would be required to also pick up interest income personally, so it would be a wash. You would get no benefit.
Taxpayers constantly devise form over substance schemes to try and recharacterize income and losses. A typical purpose is to try and create passive income, that can be offset with passive losses from unrelated activities that would otherwise be disallowed, and investment interest expense that would be deductible separately.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 9/20/16 at 10:20 am to
quote:

Taxpayers constantly devise form over substance schemes to try and recharacterize income and losses.


Yes, yes they do. Most of the time, they are no longer my clients when this occurs.

But in the OPs case, the only issue is interest income, which is not subject to the PAL regime. Interest income could be used to offset investment interest expense, but that's still at best a zero-sum game.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 9/20/16 at 12:30 pm to
The OP is proposing to do it backwards. But he doesn't mention any other passive activities, so he wouldn't likely consider the need for passive income.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram