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All Forum Posts by: Michael Plaks

Michael Plaks has started 107 posts and replied 5257 times.

Post: Do i need to create a business to deduct business expenses?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340

@Dan Trinh

Technically, you DO own a business, from the tax law perspective. There is no requirement to formally create a business entity. The only requirement is to conduct business activities, which you do.

As mentioned by @Ashish Acharya, there're no tax benefits from creating an LLC. You can deduct all business expenses, including your travel to NV, with or without an LLC.

Creating an LLC may provide you with legal protection, which is completely separate from taxes and should be discussed with an attorney.

Post: Staying logged in on BP

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340

@Carl Fischer

I periodically experience glitches with BP - unable to tag people, unable to copy/paste, a message I already posted still shows as an unposted draft right below the posted copy of it, etc.

Usually these glitches disappear on their own after awhile, with no action on my part. Just wait couple hours, I suggest.

Post: Tax Saving Idea Thread

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340

@Brandon McLean

Umm, this is not a tax savings idea thread, at least not so far. This is a "reckless slogans from Grant Cardone and similar clowns" thread. :)  Those, err, visionaries love to proclaim how "everything is deductible" and "you are entitled to..." and "let the IRS underwrite your lifestyle" and similar bull.

No, I'm not giving you hard time. I'm having a major issue with them and what they "teach."

Some specific pointers.

  • cannot deduct your utility bills and such and cannot pay them from the LLC. These are personal expenses, and only a portion of them can be deducted via home office
  • cannot treat drinks with your band as a business expense, with an occasional exception like maybe a celebration of a new album release
  • cannot deduct "business attire or stuff I will wear at a show." No, you cannot, there're very specific rules against it, despite the YouTube webinars encouraging you to deduct them (the symphony players lost a court case against the IRS trying to deduct their performance tuxedos)
  • and so on.

I know it's tempting to think you're sticking it to the IRS, but in the end they will stick it to you. Use professional advice, not some superficial garbage from the Internet. Professionals can save you big bucks legally. Peace.

Post: Looking for a CPA...

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340

@Benjamin O'Brien

I suspect that @Nicholas Aiola is right: the real problem is not the bill, but the value. For instance, what does his $500/hr give you? It is surely a high cost, but what do you get from it? If you learn how to save $5,000 - then it's a great bargain.

Post: The New 20% Pass-Through Deduction and You

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340
Originally posted by @Seth Parmelee:
@Jay Hinrichs my realtors association just came out with a letter stating that the IRS just came back and said that real estate agents are not brokers and thus qualify for the 20% deduction. Besides the fact that amount of net income does not matter I didnt understand the whole we are brokers but now we aren’t brokers. All I know is we are considered service industry or something like that but I guess the firm is maybe? Why can’t they write these things so us normal people can understand it.

In simple language, here it goes.

Until the newest clarifications, the high-earning Realtors, especially brokers, were at risk of losing the new deduction. To everybody's relief, the IRS said to not worry, Realtors are safe.

Post: The New 20% Pass-Through Deduction and You

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340
Originally posted by @Terrell Garren:

@Natalie Kolodij - I'm pretty sure others would agree in thanking you for your professional thoughts and insights regarding this topic on multiple threads. We are fortunate to have your free opinion that would otherwise cost $100 /hour. Thank you.

Natalie is awesome. 

As to $100/hr? I'm afraid not. Plan for $250 to $500.

Post: Bad News for Buy and Hold Residential Investors

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340

@Brian Schmelzlen and @Natalie Kolodij

Pardon my ignorant question, as I have not had a chance to study the TRegs yet.

Doesn't aggregation apply for the calculation of the limit for the above-threshold income only? You seem to imply that the aggregation is somehow relevant for the ToB determination, and I don't think it is. 

Post: The New 20% Pass-Through Deduction and You

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340
Originally posted by @Jack B.:

Wouldn't it technically be a business legally if it is an LLC? Heck even a Sole Proprietorship or S-Corp should qualify. Too many people think a business is only something that is an LLC, and apparently the IRS feels the same way, despite it not being true. LLC's are merely one form of business entity. I have a Sole Proprietorship. Some of my rentals required a business license issue by the city. Just because I chose a SP over an LLC doesn't mean it's not a business.

LLC has nothing to do with the "trade or business" definition. Section 199A (the 20% deduction) applies to all forms of business, including sole proprietorship. All of them have to pass the "trade or business" test, regardless of how they are organized. Holding renting properties, with or without LLCs, may or may not qualify, case by case.

Post: Bad News for Buy and Hold Residential Investors

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340
Originally posted by @Daniel Dietz:

@Brian Schmelzlen, would the same 'bad news' apply if properties are held in a 3 way LLC that is taxed as a pass through partnership (K-1)? We have rentals and no flips this year.

Yes, it would. 

Post: Bad News for Buy and Hold Residential Investors

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,317
  • Votes 6,340
Originally posted by @Calvin Lin:

What about someone who uses a multi-member partnership and file a 1065 and receive income on K-1 personally?  Does that qualify?

 There is almost no chance that it will qualify as a trade or business, unless you run this partnership