Investor · Boston, MA · Member since 2016 · 11 posts · 9 votes
My business partner and I purchased a property almost a year ago with cash under the name of our LLC. We recently did a cash-out refi using a conventional mortgage. This required us to quit claim it into one of our own personal names. Income and expenses associated with the property still flow through our LLC account and we consider the property to be jointly owned. As far as we're both concerned, it remains part of the LLC.
What will be the implications when we go to file our tax returns? Would it be kosher to pass everything through the LLC even though it is not technically owned by the LLC? I like to think that the IRS only really cares about your "honest to god" intentions in something like this (and that should be evident here). But maybe I'm being naive.
It will tricky on your part because of the following reasons
1) The 1098 issued by the bank will be to one of you individually. If you file the partnership return, you will likely include on the form the mortgage interest paid. 2) If the IRS ever questions the mortgage interest on the partnership return, they will ultimately want to see the mortgage statement and then ask for additional documents.
Did you look to obtain a portfolio loan / commercial loan instead of conventional financing?
Real Estate Broker · Columbus, OH · Member since 2018 · 330 posts · 396 votes
4y
Would definitely take this question to your accountant but I imagine the IRS will look at who owns it regardless of "intentions". You're basically using a government backed loan to make your terms better then want the advantages of using an LLC.
Investor · Boston, MA · Member since 2016 · 11 posts · 9 votes
4y
Talked with my CPA and he believes that because the asset was never actually sold and it is still considered to be a business asset, we should be fine to file under the partnership return. Was just curious to see what others did in this scenario.
At the time that we refinanced (Feb/March 2021) investment property terms were much more favorable on "conventional paper". Fannie/Freddy released new guidelines in March though that seek to limit the number of investment properties that are financed through them. Commercial paper is now much more appealing and we're now taking that route on our refis.
Talked with my CPA and he believes that because the asset was never actually sold and it is still considered to be a business asset, we should be fine to file under the partnership return. Was just curious to see what others did in this scenario.
At the time that we refinanced (Feb/March 2021) investment property terms were much more favorable on "conventional paper". Fannie/Freddy released new guidelines in March though that seek to limit the number of investment properties that are financed through them. Commercial paper is now much more appealing and we're now taking that route on our refis.
The title is no longer in the llc name, so the llc no longer owns the property....period. I surely hope you changed the property insurance to reflect the change.