- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Parents have LLC with residential property.
They want to transfer the property to child's LLC.
Are parents protected by Lifetime Gift tax or would then taxed immediately?
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Are both LLCs "Disregarded Entities" (a Single Member LLC that has not made an election to be taxed as a corporation)?
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
If not, the property is deemed to be distributed to the parents who then give it to the child and then the child contributes to their LLC.
:Parents can use their lifetime estate and gift tax exemption for the gift. either way.
The more I know the more I don’t know.
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
They are just converting to Inc. status.
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
thank you very much. would it make a difference if they were INC's
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Rental, owned outright. No mortgage.
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
"would it make a difference if they were INC's"
They, which party? Inc, which type?
It's not advisable to hold real estate in an S Corp.
Don't yell at us; we're volunteers
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
I think what you mean is that it is often not a good idea to hold rental property in an S Corp when there is no other business activity. Certainly, if I own a factory that has $100 million in annual sales, the building itself can be in my S Corp. Or I might want to own it myself and lease it to the company, but then I get sued by the employees and visitors if anyone is injured there.