Question:
If a real estate partnership has a partner that is a single member LLC, and the LLC has an EIN, should the K-1 be reported on Schedule E page 1 of our Form 1040? Should we simply use the ending P&L rate to reflect the income on the schedule E page 1, or just pick up the income on the 1040 schedule E page 2?
Answer:
Real estate tax reporting for single member LLCs largely depend on how the entity is taxed. Given that the entity is taxed as a partnership, income and loss is reported on Part II of Schedule E. Please note that the actual partnership entity will be reporting the rental P&L via Form 8825. Furthermore, the single member LLC is disregarded for tax purposes. Below, are some reporting details to reference in the future.
Rental Property Reporting Partnerships/S Corporation
Form 1065/1120-S. If you have a partnership, you must use Form 1065, the form a partnership uses to report all of its business operations. An S corporation uses Form 1120-S to report its business operations. Your net rental income or loss will be reported on Schedule K, line 2 of Form 1065 or 1120-S (Schedule K is embedded into those forms).
Form 8825. This form acts like Schedule E, but for partnerships and S corporations. It is essentially very similar to Schedule E. Make sure to include full amounts of all income and expenses incurred by the partnership or corporation (these will be allocated to each partner or shareholder later).
Schedule K-1. This form reports the net rental income or loss that is attributable to each partner or shareholder in accordance with that partner or shareholder’s ownership interest. Each partner receives his or her own K-1 and must report the contents of that K-1 on his or her Form 1040, Schedule E, Part II.
