Do I need to file a Partnership Tax Return if I am a co-owner?
So long story short, myself and another person co-own a property 50/50. We hold the property in our individual names. We have one property and after getting a rather large CPA bill ($1600+) for the 1065 Partnership Returns and K-1 forms (along with a bit, not a lot, of correspondence on phone and email about quickbooks, which we use). I talked to my CPA about electing this year to be the final year to file these Partnership returns and K-1s and just move forward by splitting everything on our Schedule E's between the two co-owners. He told me that we can't do that and that it is a partnership.
In looking at the IRS definitions it states:
PartnershipA partnership is the relationship between two or more persons who join to carry on a trade or business, with each person contributing money, property, labor, or skill and each expecting to share in the profits and losses of the business whether or not a formal partnership agreement is made.
The term "partnership" includes a limited partnership, syndicate, group, pool, joint venture, or other unincorporated organization, through or by which any business, financial operation, or venture is carried on, that is not, within the meaning of the regulations under section 7701, a corporation, trust, estate, or sole proprietorship.
A joint undertaking merely to share expenses is not a partnership. Mere co-ownership of property that is maintained and leased or rented is not a partnership. However, if the co-owners provide services to the tenants, a partnership exists.
It appears to me that my CPA may be wrong on this. The main reason I care is I don't want to have to spend $1000 or more every year on the tax prep when all I probably need to do is file on the Schedule E (especially with just one or two properties). What do you all think?