Self Employed Real Estate Agent Help

My son and daughter-in-law file a joint return. In Oct. 2007 she received her real estate license and works as an independent contractor/agent for a local broker. Please help with the following questions or correct my assumptions if they are faulty.

  1. She is not an employee of the broker so I assume that makes her self employed and must complete Schedule C.
  2. What is the correct business code for a real estate agent. I can't find anything that really fits.
  3. She rents space in the brokers office and has recurring business expenses, advertising, telephone etc. I assume these are deductible on her Schedule C.
  4. Can she take a 179 deduction for startup expenses like her business computer, cell phone, office furniture etc.?
  5. She uses her vehicle for both business and personal and has kept careful records. Is taking the mileage allowance easier or more beneficial then actual expenses?
  6. Is the cost of her real estate school and license a business expense or a lifetime learning credit?
  7. Since she started her business late in the year (October), she did not make a sale and consequently had no business income in 2007. Can her business expenses be deducted from her joint account with her husband who did have income over 0K?

Sorry for so many questions but I appreciate any and all help from the experts.

Reply to
runtwoday
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Correct.

She is a Statutory Nonemployee. She files Schedules C and SE.

If you don't like 531210 Offices of Real Estate Agents & Brokers how about 531390 Other Activities Related to Real Estate

Yes. A good log of phone calls is recommended.

You realize Sec 179 expenses cannot exceed total earned income?

And a cell pone used to be, maybe still is, Listed Property.

Most real estate salespeople put on humongous mileage and find that swamps ou the actual expenses.

Her first license is not a buiness expense. If the school was an "eligible educational institution" as defined in IRS Publication

970 as qualifying for loans from the Dept of Education, she can probably qualify for an education credit or deduction.

Was she ready, willing and able to work with clients last year? If so, she was in business even if not fortunate enough to generate income.

Reply to
Arthur Kamlet

in article OKmdnQ0ad_2wdSXanZ2dnUVZ snipped-for-privacy@comcast.com, runtwoday at snipped-for-privacy@gmail.com wrote on 2/17/08 9:31 PM:

Most likely

How about 531210, Offices of real estate agents and brokers.

yes

If they are really start up expenses, no, they will be amortized.

Which every one gives her the greatest deduction.

Education to enter a NEW trade or business is not deductible but it may qualify for the lifetime learning credit.

The best thing she could do is download a copy of IRS Pub 583, Starting a Business and Keeping Records. And IRS Pub 334, the Tax Guide for Small Business. These should answer all her questions. If she is still confused, she should find a good tax advisor who specializes in accounting for small business.

All freely provided advice guarantee correct or double your money back

Frank S. Duke, Jr. CPA Cincinnati, OH USA

Reply to
Frank S. Duke, Jr.

What about the ability to expense $5000 in startup costs (and $5000 in organization costs) in the first year of business, subject to the $50,000 limit?

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A related question: For a software company, does software and books purchased before the company is formed qualify as a startup cost? (One may write software, design websites, and so on before opening the doors for business.)

The spouse's income is already over 100K, so the joint AGI may be too high for the lifetime learning credit. Phaseout starts at 94K and ends at 114K for married couples, and is not available for MFS.

Here's something I don't understand in publication 535.

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Education expenses. Ordinary and necessary expenses paid for the cost of the education and training of your employees are deductible. See Education Expenses in chapter 2.

You may also deduct the cost of your own education (including certain related travel) related to your trade or business. You must be able to show the education maintains or improves skills required in your trade or business, or that it is required by law or regulations, for keeping your license to practice, status, or job. For example, an attorney can deduct the cost of attending Continuing Legal Education (CLE) classes that are required by the state bar association to maintain his or her license to practice law.

Education expenses you incur to meet the minimum requirements of your present trade or business, or those that qualify you for a new trade or business, are not deductible. This is true even if the education maintains or improves skills presently required in your business. For more information on education expenses, see Publication

970.

Paragraphs 2 and 3 seem to contradict each other. Paragraph 2 says you can deduct the cost to maintain your skills, but paragraph 3 says you cannot deduct costs that qualify you for the minimum requirements. Does this sound contradictory to you? I see "maintain your skills" and "meet the minimum requirements" as the same thing.

I'd say that the cost of the real estate license is deductible, but would it be a startup cost or organization cost?

Also, if real estate school is required by law and regulations, would be it be deductible by paragraph #2?

Reply to
removeps-groups

If you don't meet the minimum requirements, your skills are irrelevant, since you aren't allowed to do the work. Once you're allowed to do the work, maintaining your ability to continue working can be deductible.

Seth

Reply to
Seth

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