Rental Property Investor · NH · Member since 2018 · 50 posts · 28 votes
My wife and I are finally getting started with rental properties after months of research and a lot of property hunting. We're going into contract on two duplexes, with one in her name, and one in mine, for financing reasons.
We're looking to meet with an attorney and tax planner, so we'll absolutely ask these questions there as well, but I wanted to ask the forum first.
I work a full time w2 job. She will be transitioning full time into a "real estate professional" for tax purposes. Soul proprietorship sounds like a bad idea unless I only help out with the rentals occasionally, but neither of us plan to take a salary as my w2 job will support us on its own.
Based on the facts provided, are there suggestions for how to structure the rental business and what type of entity if any to use?
If you will not have an LLC, you will report the activity of two duplexes on Schedule E of 1040. You are not required to treat this as a partnership.
If spouses file a joint return, the joint venture between spouse is a qualified joint venture that is not treated as a partnership.
However, there might be some tax benefit in your situation to treat this as a partnership (LLC tax as a partnership ).For instance, this treatment could reduce a married couple's SE tax bill when one spouse has wage income above the Social Security tax ceiling ($128,700 for 2018). Using partnership treatment to allocate SE income to the spouse with wages and away from the second spouse could produce a lower SE tax liability.
Hi Daniel! You'll find some here do LLC's while others do sole proprietorship. I've met with several RE attorney's about which is right for me. I'm a small time investor such as yourself. Both attorneys in a nut shell said this... If you're lucky an LLC will separate your personal assets and other investments from the investment property should someone sue you. However, that's not always even the case.
If someone falls off your roof an insurance policy starts paying immediately while an LLC just sits there. Up to 5 or 6 houses you can get a very affordable "umbrella policy" which will cover everything in your life up to several million. It's cheap too like $300-400/year cheap.
LLC's can also be expensive and complicated for a number of reasons. There are fees associated with them every year, they are more complicated for tax purposes and it's much harder to pull money out of LLC's then properties in your own name.
But don't get me wrong, I'm sure there's attorney's that would love to charge you to write LLC's for you. It's just not necessary though... There are no tax benefits for an LLC that are not there for a sole proprietorship as they are both "pass-through entities."
I guess I'm specifically curious about how my wife and I together would file if we are both active in the business. Some information I've read implies that we would be considered a partnership, which may have drawbacks to one sole proprietor, and one of us more of a part time helper.
First congratulations on doing the split financing. So many investors don’t know the the benefits of that.
Asset protection is the main reason for having LLCs as mentioned by @Saberian Younger
The answer to your question will become obvious when you do your taxes. The option to have your wife in real estate is good if you have rental losses and a lot of depreciation. Hopefully you can offset some of your W2 income with rental expenses and depreciation. That is how it was for me starting out.
It’s a new ball game with the new tax laws and I am still assessing.
If you will not have an LLC, you will report the activity of two duplexes on Schedule E of 1040. You are not required to treat this as a partnership.
If spouses file a joint return, the joint venture between spouse is a qualified joint venture that is not treated as a partnership.
However, there might be some tax benefit in your situation to treat this as a partnership (LLC tax as a partnership ).For instance, this treatment could reduce a married couple's SE tax bill when one spouse has wage income above the Social Security tax ceiling ($128,700 for 2018). Using partnership treatment to allocate SE income to the spouse with wages and away from the second spouse could produce a lower SE tax liability.