G2R

I think this is it.....Hope it helps.

Ok, between your article @DANRVAN and the one @cbslee linked, I think this is how it goes. Cbslee's article discussed one shareholder wanting 1031 & the other wanting to cash out. What I thought they were saying was that it's all or nothing. If any cash is taken by a SH, then the entire 1031 exchange is taxable. But actually, reading it a second time, what it's saying is, the portion not reinvested is recognizable proportionate to the SH ownership. (Typical 1031 stuff.) Say they sell property for $100. Shareholder A wants to 1031 his portion, the company reinvests $75 into a like-kind property and no gain recognition will occur on that. But SH B wants their portion for themselves, so if they distribute $25 to themselves, that triggers gain recognition to the shareholders based on ownership. (25% of the sale's proceeds aren't reinvested, so SH A would have to recognizes 75% of that 25%'s gain!) That's unfair to SH A, but that's how it would play out. So, I'm not seeing a way around 50% of of the gain being recognized by the SHs without financing the stock buyout. 25% would be recognized by SH B when he sells his stock in the company. 25% of the $100 would be recognized when it's not reinvesting in like-kind property & instead used to buy SH B's stock. (Unless he gets a loan from a bank and finances the stock buyout.) The timing of the SH buyout is irrelevant. Then I found this article: https://legal1031.com/1031-exchange-resources/1031-exchanges-s-corporations/ In the article, they give a potential solution, but I'm struggling to understand OPTION 3's execution.

True. Thanks for you take on the subject!

So the 25% SH needs to be out BEFORE the 1031 happens or the entire gain will be recognize. Is that how you read that? I wish there was a more direct publication that specified the rules for shareholder buyout and 1031 timing.

Perhaps this article might help... It's not an exact answer, but it hits many of the points you might question. https://farr.com/1031-exchange-into-principal-residence/

Client is a 75% owner in an S-Corp. The S-corp owns property that is about to sell for big bucks. Client wanted to do a 1031 exchange but wants to be 100% owner of the new properties. I explained that usually the same owners must sell and buy the exchanging properties in a 1031 exchange. If the S-corp buys out the 25% owner shares, then my client becomes 100% owner of the S-corp and can proceed with the 1031 exchange under the S-corp umbrella. What do you think? Is there any advantage or disadvantage to 1031 occurring BEFORE the 25% shareholder is bought out?

Deadline to opt in for 2021 is TODAY. This is from an email NY sent out a while back: To opt in: Log in to your S corporation's or partnership’s Business Online Services account. (If the business doesn’t have an account, we recommend creating one by October 8 to avoid missing the election deadline.) Select the ≡ Services menu in the upper left corner of your Account Summary homepage. Choose PTET web file from the Corporation tax or Partnership tax expanded menu, then select Pass-through entity tax (PTET) annual election. Reminder: Tax professionals cannot make the election on behalf of their clients.

Let me add, it only seemed really advantageous for the higher earning clients. Those making under $100k profit in their business, and/or not in the higher tax brackets personally, it mathematically didn't justify the election.

I'm doing a side by side analysis of my NY clients and how it affects them. It seems to be a great deal. Even with the lower QBID deduction, the fact that it lowers AGI, those on the borderline of phaseouts will reap the benefits. I'm still a bit shaky on the NY personal return effects. I read that they get a credit on the NY return, but is that credit AFTER the tax is added back on maybe the IT-225?

Hi! Does anyone know of a good website or webclass that might provide a sample of this strategy actually executed?

Thanks everyone! The $1 suggestion worked and saved me the hassle of paper filing!

ATX won't let me efile a tax return that has income items, but the entire 1040 is blank due to basis and passive loss limitations. Do you still paper file this so the IRS has a log of the activity & carryforwards that happened on the other forms (ie, Sch E pg 1 & 2)? Also, is it a benefit to paper file just so the statute of limitations commences?

Yes Gail, that's exactly what I was saying. Thanks for confirming it too!

Thank you for the reply @Lion EA & @Gail in Virginia -- Originally I was told the LLC was a C-Corp and I'd never seen an S-corp own a C-corp so I was curious how reporting that information would work. I finally got a copy of the actual K-1, and it's an LLC taxed as a partnership, NOT a C-Corp like they said. But for future reference, if the S-Corp DID own a portion of a C-Corp, I assume the dividends would simply be reported through the 1120S K-1 right?

Anyone know the answer to this?

My client's company (Sub-S) invested in another company (LLC, taxed as corp) in 2020. For 2020, a K-1 was issued from the LLC to the Sub-S for the 2020 profits, however dividends were not issued until 2021. Am I correct that the 1120S for 2020 will not show any tax implications, but in 2021, the Sub-S will show dividend income to my client on his 1120S K-1?

I was just reading about this this weekend after NYS sent out an email last week about it. It's on my list of to-dos so thanks for bringing it up here. I can see the obvious tax savings in their efforts to work around SALT, but I'm just worried that NYS will get all too comfortable getting this tax income and eventually make it a permanent thing. NYC doesn't recognize the S-election so a further state tax is tough to explain to clients that don't grasp over tax strategy very well. (Sigh) @TaxCPANY I tried to click the link above and it's broken.

Resurrecting this topic to emphasize how much this thread has meant to me as an accountant. The knowledge here completely changed my understanding of AAA/basis/RE etc. It couldn't have come at a better time given the losses many of my Sub-S clients experienced in 2020, basis reporting requirements, and throw in PPP loan forgiveness reporting and basis challenges and I'm just so grateful to have labored through learning this stuff. I now have the attached picture below taped to the wall of my office so it's information continues to be reinforced in my head. I hope it helps someone else that maybe struggles grasping what I found to be a complicated, difficult concept. I tried to keep the summary info simple and limited to what my own clients normally encounter so it's not a complete textbook of the concept, but if anything below seems wrong, please let me know.

Hi everyone! I can't thank you enough for all the help with this. I was able to get through the 3115 (insert proud smile) and now I'm working on the tax implications of their state taxes. Any NY preparers ever dealt with NY or RI regarding this form? I read that California requires approval before a change in accounting method but I haven't found any rules regarding NY or RI. btw, @Lion EA thank you for recommending that self study course. It was well worth the price.

Thank you everyone for the advice and encouragement! I really, really appreciate it.

I've never used that form, but read about it multiple times on this forum. Ugh, @Abby Normal every time you answer one of my posts I have to actually LEARN a whole new section of the code. Skeleton in the Closet: Would filing this form make the IRS go back and review what depreciation they actually took? Because if so, the Pandora's box that might open could be a disaster.

New client looking to sell their rental. Over 20 years ago, the property was their primary residence for a short time. They put in over $100k in improvements during that time, then converted it to rental. So basis, $100k purchase price, $100k improvements. They only used their purchase price as the basis for depreciation and failed to include any of the capital improvements (Land value wasn't a blip on the radar). The depreciation taken over the years is a disaster of mistakes. Regardless of the depreciation they took, I still calculate the depreciation as it should have been calculated and report the gain and depreciation recapture off the correct calculations despite the fact they didn't get the benefit of the depreciation deductions. Here's my dilemma. As crazy as this sounds, it make more sense for her to ignore the improvements all together so the bulk of the gain gets the favorable capital gains rate rather than the depreciation recapture rate? Selling price is north of $600k so were looking at big gains here and their in a very large tax bracket already. Is there another tax strategy out there maybe that might help and do I/can I ignore all the improvements they made?

Has anyone seen confirmation that owners are eligible for ERC? A bunch of my S-Corps are single owner corps and I haven't seen any guidance from the IRS that owners are definitely eligible. Only that relatives of owners are not. As I'm filing Q1 941s (and looking over 2020's previously filed 941s that were PPP borrowers) it's a lot of potential money for most of them.

Wow, that's sounds AWFUL. During questionably the worst tax season EVER, I can only imagine your stress level.

Just wanted to do a follow up to this. I've now been using TaxDome for nearly two months and it becomes more and more apparent how valuable it is. I love the internal messaging I have with clients, signature features, document approval, email sync. Clients seem to find it VERY easy to use. They have a cell phone app too so getting client documents scanned and sent to me has been a MUCH, MUCH faster turnover. I only had two clients that had issues and it's because they are business and personal clients and they didn't know how to toggle between accounts. Other than that, it's been VERY smooth sailing. In addition, I abandoned my DocuSign subscription in place of TaxDome's signature option. I like that I can decide which forms I need KBA and which I don't. I've probably only used 20% of a capability and I'm still this happy. I find I'm not scrabbling around nearly as much trying to find documents from client's in the 20 different communication vehicles I was using before. Instead, I put a link to the client portal on my website and point everyone there for document transfers. And clients are abiding by that most of the time. When they send me sensitive stuff via email (like their SS# ) I kindly remind them to please use the portal. I haven't had one client object. They constantly do updates based on user feedback. All in all, I am very happy with it and for $600 for the year, I really think it's a steal. I do recommend learning to use it when you actually have a little down time to do it. It was a bit overwhelming to navigate at first while knee deep in tax season. Hope the review helps!