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Old 06-22-2004, 02:21 AM
Phoebe Roberts, EA
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Default Re: Rental to LLC

Redneck wrote:

- quote -

> Clients, husband and wife, own building. Clients have LLC
> filing as a partnership. Can the clients lease the building
> to the LLC and claim the income on their personal and take
> the rental expense on the LLC.


Thereby converting SE income to non-SE income? No, per Code
Sec 162(a)(3), but see Cox v. Commissioner, KTC 1997-272
(8th Cir. 1997). Under the self-rental rules, the income
isn't passive, either.

Phoebe

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  #1  
Old 06-22-2004, 02:02 AM
Wayne Brasch
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Default Re: Rental to LLC

"Redneck" <redneck[at]redneckworkshop.com> wrote:

- quote -

> Clients, husband and wife, own building. Clients have LLC
> filing as a partnership. Can the clients lease the building
> to the LLC and claim the income on their personal and take
> the rental expense on the LLC.


If husband and wife are the only partners in the LLC, I
don't see how this could help anything. I say this because
the profit from the LLC goes into their personal return as
does the rental income from the LLC.

Wayne Brasch, CPA, M. S. Taxation

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Old 06-22-2004, 02:02 AM
John H. Fisher
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Default Re: Rental to LLC

redneck[at]redneckworkshop.com (Redneck) writes:

- quote -

> Clients, husband and wife, own building. Clients have LLC
> filing as a partnership. Can the clients lease the building
> to the LLC and claim the income on their personal and take
> the rental expense on the LLC.


no

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

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  #-1  
Old 06-17-2004, 04:12 AM
Redneck
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Default Rental to LLC

Clients, husband and wife, own building. Clients have LLC
filing as a partnership. Can the clients lease the building
to the LLC and claim the income on their personal and take
the rental expense on the LLC.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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