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  #8  
Old 01-27-2008, 06:28 PM
Ron Rosenfeld
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Default Re: Schedule E question

On Sat, 26 Jan 2008 09:59:54 EST, joetaxpayer <joetaxpayer[at]nospam.comwrote:

- quote -

> I owned a rental condo jointly with a friend. In the description we
> added "jointly owned with smith/jones SS#xxx-xx-xxxx.
> I kept the records, and we never had any issue. All expenses were taken
> 50/50.
> JOE


Myself and an unrelated person also own rental properties (two office
condos) that we rent out. We provide no other services and do not file
partnership returns.

In Taxcut, on the worksheet, there is a spot for "percent ownership if less
than 100".

That percent would get appended to the description on schedule E.

The only issue was that the 1099's associated with the rental income would
get made out to me, using my SSN. So I would then turn around and issue a
1099 to my "partner" for his 50% share. (That turned out to be simpler
than trying to get the lessee's to make out two 1099's).


--ron

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 01-26-2008, 01:59 PM
joetaxpayer
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Default Re: Schedule E question

Mark Bole wrote:

- quote -

> Why can't a passive rental activity (no services are provided) be
> treated as a business investment, with each owner reporting their own
> share of rental income and expense on Schedule E?
> Among other written materials, I see where Pub 527 states "If you own a
> part interest in rental property, you must report your part of the
> rental income from the property". Ditto for expenses. Later, it
> indicates the place to report income and expenses is Schedule E (front
> page).
> -Mark Bole


I owned a rental condo jointly with a friend. In the description we
added "jointly owned with smith/jones SS#xxx-xx-xxxx.

I kept the records, and we never had any issue. All expenses were taken
50/50.

JOE

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 01-26-2008, 12:46 PM
Mark Bole
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Posts: n/a
Default Re: Schedule E question

Paul Thomas, CPA wrote:
- quote -

> "inky dink" <isisis[at]skl.not> wrote
> > partnership return? I don't think that is necessary (see recent thread).

> Is there a way two unrelated individuals can file their business/rental
> activity except as a partnership?


Why can't a passive rental activity (no services are provided) be
treated as a business investment, with each owner reporting their own
share of rental income and expense on Schedule E?

Among other written materials, I see where Pub 527 states "If you own a
part interest in rental property, you must report your part of the
rental income from the property". Ditto for expenses. Later, it
indicates the place to report income and expenses is Schedule E (front
page).

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 01-25-2008, 08:47 PM
Ron Rosenfeld
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Posts: n/a
Default Re: Schedule E question

On Fri, 25 Jan 2008 08:16:09 EST, "Paul Thomas, CPA"
<paulthomascpapc[at]bellsouth.net> wrote:

- quote -

> Is there a way two unrelated individuals can file their business/rental
> activity except as a partnership?


What about this statement from Pub 541:

"For example, co-ownership of property maintained and rented or leased is
not a partnership unless the co-owners provide services to the tenants."

--ron

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-25-2008, 02:00 PM
closet.disco.dancer@gmail.com
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Posts: n/a
Default Re: Schedule E question

On Jan 24, 8:47 pm, "inky dink" <isi...[at]skl.not> wrote:
- quote -

> "Paul Thomas" <paulthomas...[at]bellsouth.net> wrote in message
> news:QYamj.62076$_m.47634[at]bignews4.bellsouth.net...


> partnership return? I don't think that is necessary (see recent thread).
> "go ahead and take the depreciation" - I am sure you did not intend this,
> but that sounds rather optional. You MUST take the depreciation (well, you
> don't HAVE to, but when it comes time to count your profits, the IRS will
> treat it as if you did).


agreed. depreciation is not an optional deduction. also, the divorced
couple should probably file two separate sch. e's with the income and
expenses divided accordingly. no sense in filing a partnership return
imho.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-25-2008, 12:16 PM
Paul Thomas, CPA
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Default Re: Schedule E question


"inky dink" <isisis[at]skl.not> wrote
- quote -

> partnership return? I don't think that is necessary (see recent thread).




Is there a way two unrelated individuals can file their business/rental
activity except as a partnership?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-25-2008, 12:47 AM
inky dink
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Posts: n/a
Default Re: Schedule E question


"Paul Thomas" <paulthomascpa[at]bellsouth.net> wrote in message
news:QYamj.62076$_m.47634[at]bignews4.bellsouth.net...
- quote -

> "Alex M" <lallavj[at]yahoomail.com> wrote
> > My Ex and I rented our house during 2007 starting Jan 2007 and did not
> > use the house as our residence during 2007. We got divorced towards the
> > end of 2007. Now we have a net income of $500 during 2007 after
> > deducting all expenses and taxes etc but without the depreication. Where
> > should I indicate on the Schedule E to indicate that this $500 is a joint
> > income with each of us accountable for $250 each.? Also is it necessary
> > to take the depreciation

> You should probably be filing a partnership return for 2007 for the rental
> activity. You would split the net partnership profits via the K-1's
> associated with that return.
> Yes, go ahead and take depreciation.
> Since it looks like you two still have the house, you'll need to do this
> again for 2008.


partnership return? I don't think that is necessary (see recent thread).

"go ahead and take the depreciation" - I am sure you did not intend this,
but that sounds rather optional. You MUST take the depreciation (well, you
don't HAVE to, but when it comes time to count your profits, the IRS will
treat it as if you did).

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-25-2008, 12:30 AM
ebetts3@msn.com
Guest
 
Posts: n/a
Default Re: Schedule E question

On Jan 24, 7:25*pm, "Alex M" <lall...[at]yahoomail.com> wrote:
- quote -

> My Ex and I rented our house during 2007 starting Jan 2007 and did not use
> the house as our residence during 2007. We got divorced towards the end of
> 2007. *Now we have a net income of $500 during 2007 after deducting all
> expenses and taxes etc but without the depreication. Where should I indicate
> on the Schedule E to indicate that this $500 is a joint income with each of
> us accountable for $250 each.? Also is it necessary to take the
> depreciation?
> Thanks
> VJ-
> --


Who has the property as a result of the divorce?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-25-2008, 12:30 AM
Paul Thomas
Guest
 
Posts: n/a
Default Re: Schedule E question


"Alex M" <lallavj[at]yahoomail.com> wrote
- quote -

> My Ex and I rented our house during 2007 starting Jan 2007 and did not use
> the house as our residence during 2007. We got divorced towards the end of
> 2007. Now we have a net income of $500 during 2007 after deducting all
> expenses and taxes etc but without the depreication. Where should I
> indicate on the Schedule E to indicate that this $500 is a joint income
> with each of us accountable for $250 each.? Also is it necessary to take
> the depreciation




You should probably be filing a partnership return for 2007 for the rental
activity. You would split the net partnership profits via the K-1's
associated with that return.

Yes, go ahead and take depreciation.

Since it looks like you two still have the house, you'll need to do this
again for 2008.




--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-24-2008, 11:25 PM
Alex M
Guest
 
Posts: n/a
Default Schedule E question

My Ex and I rented our house during 2007 starting Jan 2007 and did not use
the house as our residence during 2007. We got divorced towards the end of
2007. Now we have a net income of $500 during 2007 after deducting all
expenses and taxes etc but without the depreication. Where should I indicate
on the Schedule E to indicate that this $500 is a joint income with each of
us accountable for $250 each.? Also is it necessary to take the
depreciation?
Thanks
VJ-

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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