Llc that are elected as s corp still face the 25% passive income?

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Lance LvovskyPro Member
Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
9y
Christian Scalla It depends. First question to ask is are you a passive investor or do you materially participate in the activity? Next, do you have basis in the S Corp if you are nonpassive with respect to the S Corp? I recommend you consult with a CPA who knows both real estate and pass through taxation to assist you
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  • Real Estate Agent · Las Vegas, NV · Member since 2016 · 589 posts · 275 votes
    9y
    If I wanted to correctly lay shingles on a roof I wouldn't ask a dentist how to do It. Consult a real estate attorney / and or your CPA End of story ..... Questions of this nature in a public forum are a slippery slope
  • Lance LvovskyPro Member
    Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
    9y
    Your question is not specific enough. S corps are pass through entities and generally do not pay tax. Income will pass through to the individual and retain its character. So dividend income will remain dividend. Rent income will remain rent income. All subject to the same tax rates as the individual.
  • Miami, FL · Member since 2015 · 19 posts · 0 votes
    9y
    Can an S Corp generating a loss cancel out W2 income?
  • Lance LvovskyPro Member
    Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
    9y
    Christian Scalla It depends. First question to ask is are you a passive investor or do you materially participate in the activity? Next, do you have basis in the S Corp if you are nonpassive with respect to the S Corp? I recommend you consult with a CPA who knows both real estate and pass through taxation to assist you
  • CPA and Investor · Paramus, NJ · Member since 2017 · 28 posts · 11 votes
    9y

    @Joe Deemer I believe you are referring to the "sting" tax on net passive income. That applies to S Corporations with accumulated earnings and profits. An LLC that was previously taxed as a partnership making an 'S' Election will not have accumulated earnings and profits.

    Like everyone else has said in this thread always best to consult an adviser as I may not have all relevant of the facts.

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