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Level 3
January 7, 2020
Question

Multi member LLC partnership sale of rental property held in personal name of members

  • January 7, 2020
  • 6 replies
  • 87 views

Four family members received rental property from their father as a gift and thereafter established a multi-member LLC partnership to transfer the rental property into. The rental property has been depreciated during the duration of the LLC existence on the yearly tax return of the LLC Partnership Return. The members are now selling some of the rental property and I have been informed by the title company and one of the members that the property was never transferred to the LLC on the advise of their attorney. Also, the members now state that the property was inherited after their father passed away and they want to use the stepped up basis for the sale. Since an LLC can not depreciate property that it does not hold a title to and the sale of the property is in the names of the LLC members it must be handled on their personal returns. How do I handle this? My thoughts are to not claim anymore depreciation on the LLC return and claim the sale on their personal return using the adjusted depreciated basis as the cost.  Any suggestions are appreciated.

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6 replies

sjrcpa
Level 15
January 7, 2020

The people and the LLC need legal advice.

And is it too convenient that, now that there is a s ale (with a big gain?), that they inherited it giving rise to a larger basis than what they were using if it had been a gift?

This smells a bit.

The more I know the more I don’t know.
abctax55
Level 15
January 7, 2020

now state that the property was inherited after their father passed away...

So what does the will/ estate tax return say?

What have the property tax statements said (as in ownership..) all these years?

Personally, I'd put on my running shoes.

HumanKind... Be Both
Just-Lisa-Now-
Intuit Community Champion
January 8, 2020

"The rental property has been depreciated during the duration of the LLC existence on the yearly tax return of the LLC Partnership Return."

"Since an LLC can not depreciate property that it does not hold a title to and the sale of the property is in the names of the LLC members it must be handled on their personal returns."

 

Im so confused.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
George4Tacks
Level 15
January 8, 2020

"the property was never transferred to the LLC on the advise of their attorney." Get a letter from the Attorney with those facts, along with a nice big check for all the time you will now need to commit at the worst time of year.

Get a really big retainer and prepare amended LLC returns with no activity for every year that was filed with improper information. This will also require amended returns for all of the LLC members.   

I would be inclined to put on those sneakers, and run as fast as you can if they are unwilling to correct prior year returns for information that was not shared with you. 

 

Answers are easy. Questions are hard!
abctax55
Level 15
January 8, 2020

Dad's returns will have to be amended too - right?

And if those returns result in refunds from more than three years back....those refunds are lost - right?

My head hurts.

I suggest not just an attorney - TAX attorney !

 

HumanKind... Be Both