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renting out office to your LLC

Posted on 1/24/18 at 8:19 pm
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/24/18 at 8:19 pm
I usually take the home office deductions, but Ive heard of some renting out a room in their house to their LLC. Seems like a wash since you would also show it as income, but I think there is some tax benefit Im not appreciating.
This post was edited on 1/24/18 at 9:18 pm
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 1/24/18 at 8:23 pm to
Unless I'm missing something this doesn't really make any sense. You'd get a deduction, but you'd have to claim income as well so it seems you'd be worse off because if you just take the home office deduction there is no income attached to it. Only way I can see it as a better deal is you could bring in more expenses be "renting" it, but I would think that wouldn't really fly under audit.

I'm just thinking out loud though so maybe someone else can bring more clarity.
Posted by southernelite
Dallas
Member since Sep 2009
53177 posts
Posted on 1/24/18 at 8:51 pm to
Yeah, a lot of people do a lot of shite that wouldn’t fly under audit. Only a matter of time before the IRS comes knocking.
Posted by TigerDeBaiter
Member since Dec 2010
10266 posts
Posted on 1/24/18 at 8:57 pm to
quote:

if you just take the home office deduction there is no income attached to it.


Any recapture considerations? Maybe?

Not sure, i know a guy who said he rented to himself as well. When I questioned it and asked him to explain he couldn’t. Definitely seemed sketchy, and futile at best.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/24/18 at 9:16 pm to
something about not paying fica... passive income
Posted by MadDoggyStyle
Member since Feb 2012
3857 posts
Posted on 1/25/18 at 4:31 pm to
A lot of people buy a building and put it in an LLC, then pay rent to the LLC from their "operating" company. Perfectly legal and above board. You get to pass income from one company to another, and take a lot of expense out of the LLC.

IRS Section 280A(f)(1) of Internal Revenue code allows you to lease portions of your home to your business for the purposes of marketing your company or training of employee's. You have to get your home appraised and you can rent your home up to 13 or 14 times per year. Depending on the size of the home you can rent about 80% of it. You basically pay yourself the rent and the marketing company is paying the tax at a much lower rate, (now 21%). Complicated but legal. Set up a marketing company as a C Corp and you can pay yourself OT pay, salary, pick up meals and alcohol, (2 times per week). Lots of hidden jewells in the tax code.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37106 posts
Posted on 1/25/18 at 4:39 pm to
Is the LLC being taxed as a Schedule C, S Corp, or C Corp? Or Partnership?
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/25/18 at 5:15 pm to
quote:

A lot of people buy a building and put it in an LLC, then pay rent to the LLC from their "operating" company. Perfectly legal and above board. You get to pass income from one company to another, and take a lot of expense out of the LLC. IRS Section 280A(f)(1) of Internal Revenue code allows you to lease portions of your home to your business for the purposes of marketing your company or training of employee's. You have to get your home appraised and you can rent your home up to 13 or 14 times per year. Depending on the size of the home you can rent about 80% of it. You basically pay yourself the rent and the marketing company is paying the tax at a much lower rate, (now 21%). Complicated but legal. Set up a marketing company as a C Corp and you can pay yourself OT pay, salary, pick up meals and alcohol, (2 times per week). Lots of hidden jewells in the tax code.



Say what! can you do my taxes, or recommend someone in BR?
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 1/25/18 at 5:55 pm to
quote:

IRS Section 280A(f)(1) of Internal Revenue code allows you to lease portions of your home to your business for the purposes of marketing your company or training of employee's. You have to get your home appraised and you can rent your home up to 13 or 14 times per year. Depending on the size of the home you can rent about 80% of it. You basically pay yourself the rent and the marketing company is paying the tax at a much lower rate, (now 21%). Complicated but legal. Set up a marketing company as a C Corp and you can pay yourself OT pay, salary, pick up meals and alcohol, (2 times per week). Lots of hidden jewells in the tax code.



This seems like a really complicated way to save what can't be more than a couple hundred bucks per year. You bring in C corps income tax and then tax on the dividends you dispirse to yourself and such. So while you proved it to be possible seems completely unnecessary for 99.9% of people.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/25/18 at 6:56 pm to
LINK

it looks like you dont pay income taxes on rentals less than 14 days. but how is that the case for things like airbnb?

Then you can write off the expense
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 1/25/18 at 7:13 pm to
quote:


it looks like you dont pay income taxes on rentals less than 14 days. but how is that the case for things like airbnb?


ahh see what you are saying now. Treat it as a rental for less than 14 days. Still seems like a pain because the rent would have to be FMV so it's not like you could rent it to yourself for 10k a day.

I wasn't putting 2 and 2 together at first, but still seems like a pain for little reward. And in the chance of an audit you'd have to have much better records than the home office expense.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/25/18 at 8:14 pm to
max home office write of is $1500? with the other way you can rent 80% of your home. office bathrooms, hallways.... Surely FMV is $2 a sq ft. for 400-1000 sqftx$2 /30 days x 14 days a month. Is 4480-11,200
Posted by MadDoggyStyle
Member since Feb 2012
3857 posts
Posted on 1/26/18 at 1:56 am to
It’s a great way for self employed to save money on taxes. Dr’s, lawyers, consultants and small business owners are best suited for these strategies, but not if you are an employee. We saved $127,000 in taxes in 2017 using these strategies. I have some info on this if interested
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1944 posts
Posted on 1/26/18 at 6:24 pm to
That would be great! Rustcohle365@gmail.com
Posted by diat150
Louisiana
Member since Jun 2005
43556 posts
Posted on 1/26/18 at 6:51 pm to
Yes please send to me also
This post was edited on 1/29/18 at 10:51 am
Posted by MadDoggyStyle
Member since Feb 2012
3857 posts
Posted on 1/27/18 at 2:03 am to
Duck hunting the last few days. I will send when I get back in the office next week.
Posted by Moots
Gonzales, LA
Member since Nov 2007
978 posts
Posted on 1/28/18 at 9:58 am to
If you could include me as well...

moots04 at gmail dot com

Thanks!
Posted by diat150
Louisiana
Member since Jun 2005
43556 posts
Posted on 1/28/18 at 10:27 am to
I googled it, seems legit. Im gonna talk to my CPA. Basically if you have a meeting where you need to get away from the hustle and bustle of the office and would rent say a hotel banquet room, you can basically do the same at your house for 14 days out of the year and give yourself fmv rent. Just need to take minutes of the meeting. Maybe take some pictures. Supposedly it's a write-off for the business and is supposed to be tax free to the individual.
Posted by MadDoggyStyle
Member since Feb 2012
3857 posts
Posted on 1/29/18 at 10:30 am to
Rust, Diat and Moots, check your mail.
Posted by diat150
Louisiana
Member since Jun 2005
43556 posts
Posted on 1/29/18 at 10:52 am to
Thanks. Looks interesting. We have just been in business a couple of years and try and broach these subjects with the CPA but they feed out little pieces but never a real plan.
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