Jump to content
ATX Community

RENT - 199 AND (MAYBE) REAL ESTATE PRO


BLACK BART

Recommended Posts

My guy has a dozen rent houses.  I think he probably does have 250 hours of qualifying labor for the 199 (there's no log-could get one next time); but he asks about the real estate pro status because he wants to start paying in SE sometime  (plus getting the SE health deduction).  I'm not so sure about that one because he's got a repairman on the payroll although he himself is constantly tending to the tenants.  But, in case he wants to go for that next year and comes up with a 750 hour log, I've never done that before. 

(1)  Does the rent get moved to a schedule C (don't see how all that E info would fit)?

(2) Would you simply add an SE form for the social security?

(3) Enter earning where on SE?  Only fit I see is on page two, section B, part one, line two, code A (other than farming).  

(4) Can this be done or is it crazy (you needn't reply if the answer's yes)? 

Link to comment
Share on other sites

I just did a rental that converted to Sch C.  The owner decided to become an AirBnB host AND serve breakfasts.

It was a little nasty allocating the depreciation and expenses as the owner rents the house and lives in a detached cottage.  When it was Sch E, the software took care of that.

 

Link to comment
Share on other sites

7 hours ago, michaelmars said:

HE CAN pay himself a management fee which gets deducted on E and picked up on C, or better yet on a S corp with payroll.

That's a brilliant idea.  But...there's a setback.  Discussing it with my client, I realized that I had misunderstood him.

He was not interested in paying social security -- instead, he simply wanted to get the deduction for self-employed health insurance only.  I had previously advised he couldn't get it.  But, his friendly neighborhood insurance agent (substituting for the infamous "barber") told him he could get it because he routinely sold policies to many other landlords who (unlike him) had no connection to their operations other that collecting the rent, yet they were all happily deducting it with no complaints at all from IRS.  I believe that because probably nobody's minding the store at IRS and although I can argue the agent's got a policy sale axe to grind, I can't argue that the other landlords who say yea are lying because they're probably not. 

What a dilemma! The dopey insurance agent probably thinks he's right, the other landlords are clueless, my client's gullible, and I'm barring the door with ethics (likely known as "that tax guy who doesn't know what you can write off").  :mad: 

  • Like 2
Link to comment
Share on other sites

On 3/24/2019 at 8:18 PM, BLACK BART said:

That's a brilliant idea.  But...there's a setback.  Discussing it with my client, I realized that I had misunderstood him.

He was not interested in paying social security -- instead, he simply wanted to get the deduction for self-employed health insurance only.  I had previously advised

other landlords are clueless, my client's gullible, and I'm barring the door with ethics (likely known as "that tax guy who doesn't know what you can write off").  :mad: 

Show him that the deduction is allowed under sec 162(l)(1) only if the taxpayer has earned income per sec 401(c), as defined as self employment under sec 1402(a) which is subject to self employment tax under sec 1402(b)!!!  That is how it works.

Link to comment
Share on other sites

Yeah and thanx, but I've already tried that. 

About five years back (when IRS was still actually replying to letters) he asked about the SE health deduction, so I wrote them a detailed query about it and got a good agent who wrote back quoting and underlining relevant passages which I went over with the client to no avail.  He was suspicious of IRS and wasn't interested in Section anything then or now, so I've decided to just forget the whole thing.    

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...