Question on LLC - S Corp versus Partnership.

[Joshua Sun]

My girlfriend and I both have W2 jobs, and just bought our first investment property out of state.

Shortly after, we created a LLC and plan on filing it as a S Corp.

The property is not within the LLC. The property has a shared ownership between my girlfriend and me.

We've heard that most people in our situation don't have the S corp election. We are trying to get as much information on this matter as possible.

What are your opinions on if we need to file as an S Corp or not? And why? How did you guys decide on what tax election to use for the LLC?

(If our CPA who is also on bigger pockets see this, we trust you :) We just want more information and stories!)

Hopefully this helps other new comers like us. 

[Ashish Acharya]

Originally posted by @Joshua Sun:

My girlfriend and I both have W2 jobs, and just bought our first investment property out of state.

Shortly after, we created a LLC and plan on filing it as a S Corp.

The property is not within the LLC. The property has a shared ownership between my girlfriend and me.

We've heard that most people in our situation don't have the S corp election. We are trying to get as much information on this matter as possible.

What are your opinions on if we need to file as an S Corp or not? And why? How did you guys decide on what tax election to use for the LLC?

(If our CPA who is also on bigger pockets see this, we trust you :) We just want more information and stories!)

Hopefully this helps other new comers like us. 

 Please do not put your property in any S-corp. And, I am not sure why you want S-corp as it doesn't give you any more deductions or tax benefits. 

- You don't get the basis for your loans. Your losses will be limited under basis limitation rules. 
- You convert non-self-employment income to self-employment income via payroll requirement
- Distribution of the property will be a taxable event 
- and more.