Skip to content
×
Pro Members Get Full Access
Succeed in real estate investing with proven toolkits that have helped thousands of aspiring and existing investors achieve financial freedom.
$0 TODAY
$32.50/month, billed annually after your 7-day trial.
Cancel anytime
Find the right properties and ace your analysis
Market Finder with key investor metrics for all US markets, plus a list of recommended markets.
Deal Finder with investor-focused filters and notifications for new properties
Unlimited access to 9+ rental analysis calculators and rent estimator tools
Off-market deal finding software from Invelo ($638 value)
Supercharge your network
Pro profile badge
Pro exclusive community forums and threads
Build your landlord command center
All-in-one property management software from RentRedi ($240 value)
Portfolio monitoring and accounting from Stessa
Lawyer-approved lease agreement packages for all 50-states ($4,950 value) *annual subscribers only
Shortcut the learning curve
Live Q&A sessions with experts
Webinar replay archive
50% off investing courses ($290 value)
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

2
Posts
0
Votes
Chris Hamm
  • Investor
  • Arlington, VA
0
Votes |
2
Posts

Is a Tax Return necessary for a LLC holding property w/ no income

Chris Hamm
  • Investor
  • Arlington, VA
Posted Jan 11 2016, 17:41

Hey folks.  

I created a LLC to own a vacation property in Virginia. The LLC has 4 members. Each own 25%. We own the land and the house in the name of the LLC.

We have never rented it, and never plan to rent it.   

So we only have the expenses of buying the land, building the house, and ongoing maintenance.  We put roughly $350K in so far.  

Every website I read about the tax return filing requirements suggests that it is necessary if it has income, but I found this:

Filing Requirements for an LLC Partnership

An LLC that is taxed as a partnership is subject to the same federal income tax return filing requirements as any other partnership. The LLC must file an informational partnership tax return on tax form 1065 unless it did not receive any income during the year AND did not have any expenses that it will claim as deductions or credits.

Thus, an LLC with no business activity that is taxed as a partnership is not required to file a partnership tax return unless there are expenses or credits that the LLC wants to claim.

So I read this and think I do not need to file an annual Federal Tax Return.  

The only benefit that I can think of is what would happen if/when we sell.  Having the expenses would affect any capital gains.  Is this accurate?  Am I missing something else important?

Loading replies...