Tax reporting of a single flip property vs business LLC

Tax reporting of a single flip property vs business LLC

Priest Lake, ID · Member since 2017 · 53 posts · 21 votes

Hi All!  I am wrapping up tax prep on my extension for 2018.  I am thinking creative thoughts about how to handle the real estate flip project that we began in 2018 and completed in 2019.  Let me know how you all think it should be handled on the taxes (I will be preparing my own taxes, and getting a look-over from a current professional before I send them in next week).

Here's what we did for this business / flip project: 

2018 - Set up 2-member LLC (in Oregon, where we lived) in preparation for doing property flips. We anticipated doing about 5 flips through this company. Got an EIN, set up bank account, got business cards. Funded the business checking account with funds from the HELOC on our personal residence.

Aug 2018 - purchased a SFH in Oregon for cash, in husband's personal name only. (don't ask why, total brain fart to not make the offer in the LLC name). We went to work on it ourselves, nights and weekends. Purchased a lot of assets for the "business" as we figured this would be the first of at least a few. Many tools, utility trailers, etc. Added fun, I was a licensed real estate broker, and did my one and only 2018 transaction as the buyer's agent for this property - received a cute little commission. I will do a Schedule C for that part time real estate business, which will end up a small loss.

Late 2018 - had a semi-brain fart and switched title to add me, as wife, on title. Still didn't put it in the LLC. No, I don't know why I didn't.

March 2019 - sold the home.  Received 1099-S from title company (in husband's name only).  I acted as seller's agent for real estate brokerage, and again, it was my one and only real estate transaction for 2019.  Make about $40k "profit" - net gain.

July 2019 - moved out of state, to Idaho. 

Now -once I've finished the 2018 taxes, we're closing the Oregon LLC down entirely. We will start fresh with business stuff up here in Idaho.

So, in contrast to our plans, there was only one real estate flip under that LLC business, and in the state of Oregon.

Can I simply scrap my plan of having a "business" that did flips, and NOT prepare a return for the LLC for 2018 or 2019, and put all costs of the rehab, including tools, into the Basis of the home, and just report everything in 2019 on a Form 8949 and Schedule D for the IRS? Close down the LLC in Oregon with the secretary of state and shut down the checking account?

I love that idea, but it seems too easy. 

Did I mess up that option by running the supplies and expenses (and a couple of subcontractors) through the LLC checking account? Or is it all still considered basis? THe more I think about it, the more I think YES, I can do that.

THANKS for all your input!  I'm going to sleep on it, and then make my move tomorrow and finish up my taxes! 

Tracey in North Idaho

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y
    Originally posted by @Tracey Hamilton:

    Hi All!  I am wrapping up tax prep on my extension for 2018.  I am thinking creative thoughts about how to handle the real estate flip project that we began in 2018 and completed in 2019.  Let me know how you all think it should be handled on the taxes (I will be preparing my own taxes, and getting a look-over from a current professional before I send them in next week).

    Here's what we did for this business / flip project: 

    2018 - Set up 2-member LLC (in Oregon, where we lived) in preparation for doing property flips. We anticipated doing about 5 flips through this company. Got an EIN, set up bank account, got business cards. Funded the business checking account with funds from the HELOC on our personal residence.

    Aug 2018 - purchased a SFH in Oregon for cash, in husband's personal name only. (don't ask why, total brain fart to not make the offer in the LLC name). We went to work on it ourselves, nights and weekends. Purchased a lot of assets for the "business" as we figured this would be the first of at least a few. Many tools, utility trailers, etc. Added fun, I was a licensed real estate broker, and did my one and only 2018 transaction as the buyer's agent for this property - received a cute little commission. I will do a Schedule C for that part time real estate business, which will end up a small loss.

    Late 2018 - had a semi-brain fart and switched title to add me, as wife, on title. Still didn't put it in the LLC. No, I don't know why I didn't.

    March 2019 - sold the home.  Received 1099-S from title company (in husband's name only).  I acted as seller's agent for real estate brokerage, and again, it was my one and only real estate transaction for 2019.  Make about $40k "profit" - net gain.

    July 2019 - moved out of state, to Idaho. 

    Now -once I've finished the 2018 taxes, we're closing the Oregon LLC down entirely. We will start fresh with business stuff up here in Idaho.

    So, in contrast to our plans, there was only one real estate flip under that LLC business, and in the state of Oregon.

    Can I simply scrap my plan of having a "business" that did flips, and NOT prepare a return for the LLC for 2018 or 2019, and put all costs of the rehab, including tools, into the Basis of the home, and just report everything in 2019 on a Form 8949 and Schedule D for the IRS? Close down the LLC in Oregon with the secretary of state and shut down the checking account?

    I love that idea, but it seems too easy. 

    Did I mess up that option by running the supplies and expenses (and a couple of subcontractors) through the LLC checking account? Or is it all still considered basis? THe more I think about it, the more I think YES, I can do that.

    THANKS for all your input!  I'm going to sleep on it, and then make my move tomorrow and finish up my taxes! 

    Here's what we did for this business / flip project:

    2018 - Set up 2-member LLC (in Oregon, where we lived) in preparation for doing property flips. We anticipated doing about 5 flips through this company. Got an EIN, set up bank account, got business cards. Funded the business checking account with funds from the HELOC on our personal residence. -

    OR is not a community property state- so you now have a formal partnership (1065 filing) if that LLC incurred any reportable income/expenses for the year. 1065s were due 3/15 or 9/15 with extension. 

    Aug 2018 - purchased a SFH in Oregon for cash, in husband's personal name only. (don't ask why, total brain fart to not make the offer in the LLC name). We went to work on it ourselves, nights and weekends. Purchased a lot of assets for the "business" as we figured this would be the first of at least a few. Many tools, utility trailers, etc. Added fun, I was a licensed real estate broker, and did my one and only 2018 transaction as the buyer's agent for this property - received a cute little commission. I will do a Schedule C for that part time real estate business, which will end up a small loss.

    Late 2018 - had a semi-brain fart and switched title to add me, as wife, on title. Still didn't put it in the LLC. No, I don't know why I didn't.

    Okay

    March 2019 - sold the home. Received 1099-S from title company (in husband's name only). I acted as seller's agent for real estate brokerage, and again, it was my one and only real estate transaction for 2019. Make about $40k "profit" - net gain.

    All expenses related directly to the flip, renovations, holding costs, ect get reported in 2019 as COGS against the Flip income. 

    July 2019 - moved out of state, to Idaho.

    Can I simply scrap my plan of having a "business" that did flips, and NOT prepare a return for the LLC for 2018 or 2019, and put all costs of the rehab, including tools, into the Basis of the home, and just report everything in 2019 on a Form 8949 and Schedule D for the IRS? Close down the LLC in Oregon with the secretary of state and shut down the checking account?

    If no income or expenses were incurred under the LLC name/ein then you can shut that down. 

    Your flip is still ordinary income though. It all goes on Schedule C. 2018 will report the random expenses incurred, tools ect....then in 2019 you report the home sale and the direct related expenses as COGS. 

    I love that idea, but it seems too easy.

    Did I mess up that option by running the supplies and expenses (and a couple of subcontractors) through the LLC checking account? Or is it all still considered basis? Thee more I think about it, the more I think YES, I can do that.

    If that checking account is under the LLC EIN and if you issued 1099s from that EIN you need to file 2018 and 2019 (whichever years incurred those expenses) then mark it final. The costs paid to subcontractors on the house do NEED to be capitalized and expensed as COGS against the sale in 2019, but if any thing was issued throuhg the LLC you may have some issues. 

    THANKS for all your input! I'm going to sleep on it, and then make my move tomorrow and finish up my taxes!

    Hope this helps! 

  • Priest Lake, ID · Member since 2017 · 53 posts · 21 votes
    7y

    So, I need to be reporting the 1099-S as gross receipts to the LLC business (on 2019 Schedule C) and related costs as COGS and expenses, and I DON'T report it on Form 8949 and Schedule D (Capital Gains) as proceeds - basis = gain?

    What is the determining factor in which way the sale and gain is reported?  THANK YOU!  

  • Priest Lake, ID · Member since 2017 · 53 posts · 21 votes
    7y

    New line of thinking - if the single flip project DOES qualify us as "dealers" in the eyes of the IRS, and the sale is reportable through the LLC, which is a 2-person LLC, then can we elect S-corp treatment, one member take a salary on a portion of the net profit, and K-1 the rest of the profit (qualifying for the 199A deduction on that portion) and only paying FICA tax on the salary? Am I thinking that through correctly? THank you!!

    @Natalie Kolodij

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y
    Originally posted by @Tracey Hamilton:

    So, I need to be reporting the 1099-S as gross receipts to the LLC business (on 2019 Schedule C) and related costs as COGS and expenses, and I DON'T report it on Form 8949 and Schedule D (Capital Gains) as proceeds - basis = gain?

    What is the determining factor in which way the sale and gain is reported?  THANK YOU!  

     Mmmm nope

    Your LLC created a separate tax entiity- a partnership to be filed on form 1065. However- if nothing was issued to that entitys EIN, it doesn't have a filing requirement and you can shut it down.

    Since the 1099S and everything seems to have been done under your and your husband's names. 

    Flipping is always ordinary income reported on schedule C. 


    Capital gains is for sale of investments (rentals, stocks ect)

    If you buy something with the intent to alter it and re-sell it for profit, that's a business to the IRS. 

    The fact that the item you chose to sell is a house doesn't matter. 

    They look at it the same as baker who buys flour, eggs, and sugar and sells a cake. 

    You bought a run down house, drywall, and paint and sold a nicer house. 

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