Moving rental property from Sch E to 1065

Technical topics regarding tax preparation.
#1
LDCPA  
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Husband & wife CA residents own a rental reported on sch E.
They want to move it to 1065 to take advantage of CA PTE.
If they hold the title jointly, can they simply start filing a 1065 going forward as a general partnership?
Would it better to form an LLC 1st and elect to file a 1065? CA annual LLC tax/fee is a minimum $800. If they have adequate insurance, I see no tax reason as to why an LLC should be formed instead of filing as a GP.
As to a 1065 presentation, is it acceptable to copy the depreciation schedule from 1040 sch E to 1065 and continue with it?
 

#2
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Lots of people aren't terribly comfortable with it, but everything I've seen says you can go back and forth as you like in a community property state
~Captcook
 

#3
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I'm finding that it would only be worth it for higher income entities. Unless the taxpayers are in a very high tax bracket, or the state taxes are very high, it would not be worth the extra tax prep fees, work, etc. Say the rental income is $50,000 and assume state taxes are 8%; that results in state taxes of $4,000. Even if we assume taxpayers are in the 32% bracket, that is only a $1,280 tax savings, right? Is it worth the hassle/cost of preparing a 1065 for that? Is their rental really lucrative?
 

#4
LDCPA  
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Seaside CPA wrote:I'm finding that it would only be worth it for higher income entities. Unless the taxpayers are in a very high tax bracket, or the state taxes are very high, it would not be worth the extra tax prep fees, work, etc. Say the rental income is $50,000 and assume state taxes are 8%; that results in state taxes of $4,000. Even if we assume taxpayers are in the 32% bracket, that is only a $1,280 tax savings, right? Is it worth the hassle/cost of preparing a 1065 for that? Is their rental really lucrative?


Overall I agree, the numbers have to make sense to go through with it. In this case, I ran the numbers and it could make sense.
What I'm not sure about is if they were to file as a GP, does the property need to be retitled to the GP?
I believe if they were to form an LLC, the title would need to be changed to the LLC. So that would be another hassle and cost.
 


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