Two Member LLC; Now Single Member LLC

My client has reported rental properties for many years on his jointly filed 1040 schedule E. In February, 2009 he and his wife signed a (two member) LLC agreement to house these rental properties. His wife died in September, 2009.

I am confused on how I would report this on his 2009 1040. Do I transfer all the assets to the LLC in February, and continue to depreciate as before until September, and then transfer the assets back to the 1040 Schedule E and continue on with deprectation for the rest of the year?

Would I need to be sure the total depreciation is no more than what it would have been if they had stayed in one entity? Do I need to separarate all expenses and income similarly?

This seems to be soooooo much trouble because it is a jointly filed husband and wife LLC. He inherited ALL her property through joint tenancy. The end result of passing these assets, the income and the expenses back and forthe will make no difference in the end amount due and oweing in taxes.

I really just want to report this as a diregarded entity for the entire year as a schedule E 1040 item, but I am assuming this would be a no no. Any guidance would be appreciated.

Reply to
mmurrell
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Although in general, a 2-person (or more) LLC is a partnership, in this case, you have a husband+wife partnership type LLC, so as long as there's a joint return, I don't see a problem keeping this on 1040 Schedule E for the whole year.

Depreciation will change in September as a result of the adjustment to FMV for her half (that also starts over at year 1). I take it that since he acquires via joint tenancy, they were NOT in a community-property state.

Reply to
D. Stussy

The attorney got a federal ID number for the LLC. I am concerned about an IRS notice of "non filing" for the LLC partnership. Is this concern unfounded?

Reply to
mmurrell

Yes.

Reply to
D. Stussy

The husband and wife exception to filing a partnership return does NOT apply to LLC's. Only single-member LLC's can file via Schedule C.

Reply to
Brew1

Why would that be? For tax purposes an LLC is not recognized. So I'd imagine it should be the same rule as for a partnership in every respect.

Reply to
Stuart A. Bronstein

Stu

When you ask why, my favorite answer is Because.

See this link, and the statement that an LLC does not qualify for a qualified joint venture:

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Reply to
Arthur Kamlet

However, the LLC is owing a RENTAL property - which goes on Schedule E.

Reply to
D. Stussy

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