S Chapter. Commercial Rentals. No Payroll. QBI

Technical topics regarding tax preparation.
#41
WEISSEA  
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California and Nevada
Is there anything stopping IRS from recharacterizing the activity of a rental property s-corp s/h? for purposes of calculating QBI?"

No, IRS has authority to recharacterize distributions into wages subject to FICA( Joeseph Radike vs US(CA-7 895 F2d 1196).
In this case they could argue that a reasonable salary would be the cost of hiring a Property Manager who typcially may charge 8-10% of gross rents.

Rather than expose your client to the risk of recharacterization with subsequent employment tax and loss of QBI, I would look into converting the S corp to an LLC(or SMLCC) where the statutory ground is much firmer and generally a much better choice for holding rental proeprties.
 

#42
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WEISSEA wrote:What about the social security rules. Social Security does not consider rental income to be earned income.


Services rendered by an officer or employee of a corporation are considered to be liable for social security and Medicare.
 

#43
philly  
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New York
For rental property how do you compute UBIA cost basis limitation of 2 1/2% ? ( in reference to CaptCook post)
Is it the basis for section 199A gross basis of the asset minus accumulated depreciation or is the deduction based the gross cost basis ?
If it is based upon net basis after depreciation then a real estate entity that has no W-2 wages and a very low net basis would receive a very small deduction if above the 315k income level.
 

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