Nothing makes us cringe more than seeing real estate being held in a C-corporation or S-corporation for tax purposes. If you own the real estate for your bar, restaurant, or nightclub, you have likely been advised by your lawyer or accountant to place it into a separate LLC. There are many legal and tax advantages to separating your real estate from your operational entity and placing it into an LLC.
We just wrote an article explaining why the real estate for your bar, restaurant, or nightclub should be structured as a single-member LLC (if you have a single owner) or LLC partnership (if you have multiple owners) for tax purposes. The benefits of a partnership for real estate include:
- Real estate rental income is not subject to self-employment tax, so there’s usually no reason to put it in an S-corp or C-corp.
- Partners in a partnership are not taxed on the contribution of appreciated real estate to the partnership, regardless of their ownership percentage afterward.
- Under a C-corporation, the gain on the sale of real estate will be double-taxed, and the distribution of the real estate to shareholders will trigger a taxable gain for the corporation. The shareholder will also have to recognize dividend income on the FMV of the property distributed.
- A partnership can easily distribute real estate held by the partnership to the partners tax-free.
- If one of the partners sells his/her interest, the buyer can receive a step-up in basis (via sec 754 election) and increased depreciation deductions.
Check out the full article below!
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