Is rental income still considered passive income in a partnership

Is rental income still considered passive income in a partnership

Investor · Box Elder, SD · Member since 2014 · 228 posts · 43 votes

Hey everyone one. I just formed a LLC for my Buy and Hold properties for myself and my wife. Since it is both of us on the LLC , I assume the IRS will consider us as a partnership since LLC's are disregarded entities. Since it is a pass through entity does the rental income pass through to us on the K-1's. And is it still considered rental income. I know one a single owner LLC it does but is it the same for multi owner LLC?

Thanks

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  • Investor · Box Elder, SD · Member since 2014 · 228 posts · 43 votes
    9y

    I guess I am wondering about it from a tax stand point. With rental income being passive income, is it still the same in a LLC with 2 people.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    9y

    Yes it is still considered passive income. Your LLC will be required to file a partnership tax return since SD is not a Community Property State.

  • Investor · Box Elder, SD · Member since 2014 · 228 posts · 43 votes
    9y

    @Steven Hamilton II I was thinking that from what I read last night.  But talking to the CPA yesterday afternoon I was sure she told me that since it was a partnership then the income would be taxed as self employment income along with the normal tax rate.  Maybe I misunderstood her.  She was talking about taking distributions also and some other stuff with S corp election if I wanted that.  Pretty much it was too much info and I was trying to wrap my head around it all.  

    On the rental income, can you take that out, or how does that work since it is all pass through?  

    Thanks for the info and help.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    9y

    When it is a rental they are entirely wrong. 

    NEVER EVER make an S election for an LLC holding rentals.

    It is all pass through.

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