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Level 3
March 16, 2021
Question

Tax treatment of LLC owned building where 2 partners also live

  • March 16, 2021
  • 5 replies
  • 31 views

Hi all,

New client formed an LLC (with three members) and purchased a 3-unit building. Two of the three members moved in and occupy two of the three units and pay slightly below market rent back to the LLC.  The third unit is rented to an outsider at market rent.  Some considerations: 1.  Only depreciate the unit that is rented to an outsider?  2.  Pro-rate 2/3 of all expenses to personal use (distributions)?  3.  Any special considerations at time of sale to account for the business/personal split?  4.  Is there still potential for principal home exclusion if they sell the building down the road?

I am curious how other accountants would handle this.  Thanks all for the great advice!

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5 replies

qbteachmt
Level 15
March 16, 2021

It appears someone attended one of those "get rich in real estate" courses where you pay a fortune and get lied to.

Is each unit separately titled or deeded? In other words, can they sell the third unit only, at some point?

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ConnectoAuthor
Level 3
March 16, 2021

The units are not separately deeded and cannot be sold separately.

sjrcpa
Level 15
March 16, 2021

Does the LLC actually own the property?

The more I know the more I don’t know.