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Home   Help for Accountants   Tax - ProSeries Community  
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04/19/2013 at 09:23AM PDT
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scneedshelp
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scneedshelp
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04/24/11 6:16pm PDT
Viewed by asker 04/25/11 7:26am PDT

Rental Real Estate Treated as Schedule C Income

I have a cient with 5 pieces of residential real estate and he and his wife actively and materially partifipate. They do the repairs, leasing of the property, etc. They both have full time jobs also but the husband is a pilot and is home a good bit during the week and spends a substaniial amount of his time dealing with rental property issues. Can I treat this as Schedule C income/loss and get the benefit of all the losses? Their income exceeds $100,000 and so they are often limited to a small deduction.

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essjay
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04/24/11 6:31pm PDT

You are on the right track with stressing the services they do, but they still sound like routine rental property services.  Some examples of "rentals" that qualify for schedule C  treatrment are"

Bed and breakfasts; motels and hotels; trailer parks with recreational facilities (Note the big difference in the type and volume of services provided to the residents)

AS far as whether they materially participate they rules are more than just leasing and repairing.  Read this link:

 http://www.irs.gov/businesses/...

"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that rnethod which best pays the treasury..." Judge Learned Hand - U S Court of Appeals
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04/24/11 6:41pm PDT
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Let's try that link again

http://www.irs.gov/businesses/small/article/0,,id=146335,00.html

 

"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that rnethod which best pays the treasury..." Judge Learned Hand - U S Court of Appeals
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04/24/11 6:53pm PDT

What is the typical length of rental lease?

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04/24/11 6:57pm PDT

The typical length is 1 year...the rentals are located in a college town and so most of the rental property is to college students who move in and out in year and who do not take care of the property.  My client spends a considerable amount of his time collecting rent and doing the repairs and maintentance to the property himself.

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04/24/11 7:04pm PDT

You have just described active particpation. And that type of rental is on Schedule E, not C.

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04/24/11 7:08pm PDT

scneedshelp
I hate to say this, but your clients do no more that 99% of residential real estate owners the country over.  The one-year rentals are typical of Sched E rental properties whereas "rentals" that qualify for Sched C treatment are usually short-term (motels, campgrounds, bed & breakfasts)

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04/24/11 8:01pm PDT

SCNEEDSHELP:  The following is the real estate professional requirements:

You are considered to be a real estate professional (i.e., in a real property trade or business) if:

1) more than one-half of the personal services you provided during the year were performed in a real property trade or business in which you materially participated; AND

2) the number of hours in which you materially participated in this real property trade or business was more than 750 hours; AND

3) you must materially participate in each rental real estate activity unless you filed an election to group all rental real estate activities as one (and materially participate in that activity).

A "real property trade or business" means any real property development, redevelopment, construction, reconstruction, acquisition, conversion, or rental operation, management, leasing, or brokerage trade or business.

Personal services performed as an employee are not treated as being performed in a real property trade or business unless you are a more than 5% owner of the trade or business.

For joint return purposes, the eligibility requirements are considered met if either you or your spouse separately satisfy the requirements.

 

"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that rnethod which best pays the treasury..." Judge Learned Hand - U S Court of Appeals
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04/24/11 9:00pm PDT

Try this previous discussion for reinforcement use of Sch E, not Sch C

http://community.intuit.com/posts/client-wanting-to-show-rental-income-expenses-on-sch-c

Will Rogers has been quoted as saying, “The only difference between death and taxes is that death doesn't get worse every time Congress meets.”
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04/25/11 6:06am PDT

This would be Schedule E and not Schedule C

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04/25/11 7:26am PDT

I appreciate all the help with my question.  I think I know what I'm going to do now.

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04/25/11 7:33am PDT

Your welcome...sorry the Solution was not what you were looking for.

"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that rnethod which best pays the treasury..." Judge Learned Hand - U S Court of Appeals
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