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Owner Occupied Multi Unit Rental

Bert0611
Level 3

New Client  owns a 4 unit apartment building.  The building is titled to the TP.  Prior accountant listed the activity on the Schedule E to an LLC.  The TP has been paying his rent to the LLC and from what I can tell has been taking all expenses.

I can't find anything that supports this way of handling a rental. 

Thoughts, concerns direction would be appreciated.

 

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1 Best Answer

Accepted Solutions
Terry53029
Level 14
Level 14

 @Bert0611   I would inform client that his prior returns are incorrect, and should amend the past three years. Then tell him you would do this years tax correctly. The decision to amend is his. If the deprecation is correct I wouldn't worry if he did not amend, but if that is messed up also, Unless he wants to correct his past years you can not do this years, and send him on his way

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15
So the TP owns the 4 plex and is living in one unit, but his paying himself rent as an SMLLC?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Bert0611
Level 3

Yes,  that apparently was the advice from his previous accountant.  I believe it's been going on for 5/6 years.  I believe i would need to amend those prior years not sure this would qualify as a change in accounting since it is not correct.  That's why I am looking for some advice.

 

Roberta

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BobKamman
Level 15

Maybe that's why he wanted to find a new accountant. 

Could some of the expenses allocated to his unit be considered a management expense -- he has to be onsite to make repairs, collect rent and call the cops when there are loud parties?  Isn't he really overpaying his taxes, if he is counting his own rent as income?  He's not deducting it elsewhere, is he?

'Oh what a tangled web we weave/When first we practice to deceive'

Just-Lisa-Now-
Level 15
Level 15
It sounds like advice from some seminar so you could write off all your home repairs.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Terry53029
Level 14
Level 14

 @Bert0611   I would inform client that his prior returns are incorrect, and should amend the past three years. Then tell him you would do this years tax correctly. The decision to amend is his. If the deprecation is correct I wouldn't worry if he did not amend, but if that is messed up also, Unless he wants to correct his past years you can not do this years, and send him on his way