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Old 04-05-2004, 11:04 PM
Phoebe Roberts, EA
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Default Re: LLC buys time-share?

Mike Lewis wrote:

- quote -

> My S-Corp client advises me they formed an LLC and bought a
> time-share in it. The ownership of the LLC is exactly the
> same as the S-Corp.


As opposed to having formed a single-member LLC wholly owned
by the S-corporation, right?

- quote -

> As I see it, it's at best an investment with no tax
> deductible expenses and is not in the business to make a
> profit.


I agree. It's a convenient way to hold a vacation home, at
best.

- quote -

> Furthermore, if the only funds it receives to pay
> the debt, etc., such funds will be S-Corp distributions?


Sorry, I can't figure out what you're asking here.

- quote -

> Do I file a tax return on this?

I vote no.

- quote -

> If so, which one?

If it's truly owned by individuals, the default is 1065. If
it's a SMLLC owned by the S-corp, it's part of the 1120S.
(If it's owned by the S-corp, I'd treat all expenses as
wages to the shareholder / employees, prorated based on
their use of the timeshare, or as distributions prorated by
stock ownership if use of the timeshare was similar.)

Phoebe

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Old 04-02-2004, 09:42 PM
Mike Lewis
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Default LLC buys time-share?

My S-Corp client advises me they formed an LLC and bought a
time-share in it. The ownership of the LLC is exactly the
same as the S-Corp. The time-share is to be used by the
shareholders for vacations. So far, the LLC has incurred the
debt to buy the time-share (25k) and payments on the debt
plus home association dues. No rent will be paid to the LLC
for use of the time-share.

As I see it, it's at best an investment with no tax
deductible expenses and is not in the business to make a
profit. Furthermore, if the only funds it receives to pay
the debt, etc., such funds will be S-Corp distributions? Do
I file a tax return on this? If so, which one? I'm sure all
of your clients call you before entering into such a
transaction:-)

mike

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buys, llc, timeshare
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