Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
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

Updated almost 14 years ago on . Most recent reply presented by

User Stats

28
Posts
7
Votes
Ashley C.
  • Real Estate Investor
  • Richmond, VA
7
Votes |
28
Posts

Audits and taxes for LLCs choosing s-corp election

Ashley C.
  • Real Estate Investor
  • Richmond, VA
Posted

I recently attended a bootcamp where one of the speakers was a tax guy. He was apoplectic when he talked about CPAs who set up clients in LLCs with an S-corp tax election in part to save on self-employment taxes. Swear to Jesus, thought he'd stroke out right on stage.
:protest:

His take was that this S-corp election requires Schedules C and SE, putting a red AUDIT ME sign on your back and exposing investors to a high risk of audit (more highly audited than any other type of return). He advised using a multi-member LLC taxed as a partnership, and using other tax strategies to make back the 15% or so you've lost in self-employment taxes. In other words, the high risk of a painful audit outweighs the benefit of self-employment tax savings.

It's not a critical issue for me at this point, but now I'm curious. I brought it up to my CPA, and now she wants to take this guy on and go 15 rounds.
:pissed:

Any thoughts?

Most Popular Reply

User Stats

17,995
Posts
17,199
Votes
J Scott
  • Investor
  • Sarasota, FL
17,199
Votes |
17,995
Posts
J Scott
  • Investor
  • Sarasota, FL
ModeratorReplied

If you keep your proportion of dividends down (compared to salary), you should be fine. People get in trouble when they try to define "reasonable salary" as some ridiculously low amount and then pay the LARGE difference in dividends.

Not much of a sample size, but I've had LLCs taxed as S-Corps for more than 10 years now (real estate and non-real estate), and have never been audited...

Loading replies...