You should ascertain that all of the professional services and costs are arranged correctly and accurately reported for the requirements of tax conformity, if you have decided to rent out your property for profit. Why don’t we talk about a few of these costs.
Insurance
Just like the majority of insurance premiums, this is usually pre-paid in advance for a particular period of time. One example here would be: you purchased insurance with this exact property on March 2012 for $1200. April 2012 to March 31, 2013 would be the coverage lifetime of this plan. As the protection period will exceed the current tax year, you should allocate the premiums pertinent to the current year only and carry forward the balance for the next filing period. In this particular scenario the permitted insurance premium tax deduction could be $900 (9 months April to Dec 2012) or $100 per month of eligible rental property use.
Take note that a lot of Insurance companies commonly combine premium plans between business and personal customers at a discounted charge. You must make sure that you just allocate the portion that is applicable for your company rental property from this deduction. The personal and non-business related use could be allowable on your individual income tax return. Lastly, Title insurance is not applied as an expenditure and has to be included in the Cost Basis of the property.
Cleaning and Maintenance
If it is related to day to day cleaning and maintenance of common places, then day-to-day repair of the property can be an authorized expenditure. These types of costs will also be confined to the days which are permitted rental property hours and not personal use days. To make certain the property is in fine shape and working order, you can try what a number of other property owners do, and hire a local hired company to keep up with the rental property. This could include such expert services as window cleaning, dusting furniture, cleaning home appliances and repairs. Only these sorts of professional services are allowed, any sort of structural repairs and/or changes must be allotted to the Cost Basis of the rental property.
Repairs
Every now and then, there may be some sort of need to mend an appliance, do a bit of painting, or some undertaking that does not require a major reconstruction of the rental property framework. These types of expenditures which are common and necessary are allowable depending on the leasing time period.
Never include any times which will be considered to be personal use times, since costs are only tax deductible against the income of the property. Only those costs that are directly related to the authorized leasing time period are permitted.
You can obtain the various forms discussed in this article on the IRS’s webpage. Refer to IRS Publication 527 for additional information.
Portland CPA+John Huddleston has written extensively on tax related subjects of interest to small business owners. Since 2002, he has owned Huddleston Tax CPAs. He is a graduate of Washington State University and the University of Washington School of Law.
Watch this video for more about Huddleston Tax CPAs:
When your business travel expenses are ordinary and necessary as they pertain to your rental property business they may be deductible. Some expenses you will be able to deduct are the costs of using your own car to obtain money from tenants or to perform maintenance at a leasing residence. Commuting to work is a personal expense, which is not permitted for write-offs. Any kind of costs acquired as a result of journeying a distance from your own home to the property to make improvements aren’t going to be tax deductible. That is typically recovered using a cost recovery process such as depreciation.
Actual Expenses
All expenses pertaining to travel out of the home in connection with the leased premises are typically recorded with this approach. IRS Publication 463, Chapter 5 describes the way in which all these expenses must be reported and backed up with invoices or receipts. A few software apps can be found with iPod, Quick Books, Mint, and more which will help you back up your files; but you will have to keep a concrete report to support the write offs. It’s vital that these records be claimed, together with important documents , on either a Schedule C or Schedule E. For those who have more than one property, your expenditures need to be allocated to the residence where the costs were incurred. Do not include personal costs in your business deductions.
Mileage Method
Here you write off your actual distance traveled. You’d utilize today’s standard mileage taxation rate of $0.55.5 per mile.
Use of community transport including Zip Cars, metro bus companies, and auto rentals should have a direct relationship to the real estate property, and you should maintain documentation to back this. To show how your public transport use is solely business associated, it is recommended that you keep receipts of all costs and apply all charges for transport such as Zip Cars and/or automobile rentals to a business account tied directly to the rental property business.
You can obtain the different documents outlined in this information on the IRS’s webpage. Check with IRS Publication 527 for more info.
Seattle CPA+John Huddleston has written extensively on tax related subjects of interest to small business owners. He is a graduate of Washington State University and the University of Washington School of Law.
This valuable article discusses the assorted IRS tax forms you need as a landlord to be able to thoroughly record, and report, your rental revenue to the Internal Revenue Service. In accordance with the sort of legal entity which manages the rental, the tax forms necessitated are different, as detailed here (individual, partnership, corporation, or LLC). For more information on legal entity ownership, look at the article within this Guide, called Best Rental Property Ownership.
TIP: You can find all of the documents described directly below on the IRS’s homepage: http://www.irs.gov/Forms-&-Pubs. If you’re using tax preparation computer software, the software will have all of the appropriate forms.
Individual Ownership
Shared ownership with a wife or husband, mutual tenancy with legal rights of survivorship, and tenancy in common will be included in this.
Form 1040. Foremost, you will need Form 1040, the form submitted by all independent taxpayers. At line 17 of the first page of Form 1040 is your net leasing profit or financial loss, subjected to taxes. You should be aware that as a law abiding property owner with rental property income and expenses, you will not be allowed to utilize the simplified Forms 1040A or 1040-EZ.
Schedule E. Schedule E is a certain addendum of Form 1040. It has a number of usages, though the function applicable to your needs is reporting of rental earnings and costs. The one portion of Schedule E that you should fill in is the section marked as “Part I”. There are several important notes you must bear in mind, including: when you own the rental mutually with anyone other than your significant other, report only the revenue that you received and the expenditures which you sustained. Keep in mind, , that you’ll have to keep track of your expenses relating to rental and non-rental usage when you are renting a portion of your home, or whenever you only rented for a part of the entire year. Read the set of articles titled Tax Deductible Rental Property Expenses, available in this Guide, for more details.
Form 4562. Form 4562 is required to determine depreciation for your rental, which you’ll want to deduct on line 18 of Schedule E. For additional info, view the article entitled, Depreciation Expenses for Rental Property, that is available in this Guide.
Partnership/Corporate Ownership
A general or limited partnership, or S corporation is an example.
Form 1065/1120-S. If you have a joint venture, you must use Form 1065, the form a joint venture utilizes to report everyone of its business operations. Form 1120-S is employed by an S corporation to report business activities. Schedule K, line 2 of Form 1065 or 1120-S is where the total leasing loss or profit are reported (Schedule K is embedded inside these documents).
Form 8825. Form 8825 is for partnerships and S corporations, but it acts similar to Schedule E. It’s essentially similar to Schedule E. Be sure that all profit and operating costs incurred by the corporation or partnership are provided in their entire amounts (they are going to be allocated to each business partner or shareholder later).
Schedule K-1. The total leasing profit or deficit as a result of each investor or partner is reported by this tax document, in line with the property ownership interest of that shareholder or business partner. The information of the K-1 received by each and every partner will have to be reported on his or her Form 1040, Schedule E, Part II.
Limited Liability Company Ownership
You could file as if you were an independent property owner since, for tax purposes, a single-member LLC is actually a disregarded entity (notice above). A multiple-member LLC can decide to be taxed as a partnership or as an S corporation (look above).
Seattle CPA +John Huddleston has written extensively on tax related subjects of interest to small business owners. He is a graduate of Washington State University and the University of Washington School of Law.
There aren’t many deductions for business owners that are more dreaded than home office deductions. Some tax experts are convinced that claiming this tax deduction increases the chance of an audit, although the IRS is insistent that this is just not the truth. Either way, if you abide by the rules, and maintain proper records, you should have nothing to fear.
The key to this tax deduction is that rental property owners may claim this write-off if they are active, which is to say you must be doing more than cashing checks. If you routinely spend a substantial amount of time preparing and maintaining properties, you will likely qualify as an ACTIVE rental property owner.
Once you have met this requirement you’ll also have to meet the basic home office deduction thresholds. For starters, you need to use the home office exclusively for your rental business on a regular basis.
Additionally, you must meet one of the following requirements:
1. This office must be your principle space for running your business.
2. You must have no other location from where you run the administrative end of your property managment rental business.
3. You use the office to meet clients and potential clients.
4. You use a separate structure on your property for conducting business.
After you have applied the threshold tests above and determined that the work area in your home does in fact meet the requirements for the home office deduction, you need to look into what kind of expenses can be written off. There are direct and indirect types of home office deductions. Direct expenses only benefit the home office area of your home such as cleaning or painting. Indirect expenses benefit the entire home and must be apportioned out between the office area and the rest of the house. Mortgage interest, insurance, property taxes and utilities are typical examples of indirect expenses. Square footage is the typical means of determining the proportion of the home office in relation to the entire house to come up with a percentage. A 2,000 square foot home with a 200 square foot home office area would mean 10% of the indirect expenses could be written off as part of the home office deduction. You can also depreciate the house structure (not the value of the land) in the same percentage over 40 years. However, this may complicate matters if the house is sold.
As you don’t want any trouble if you do get audited, you want to keep good records to confirm that you were entitled to take the deduction and that it has been accurately reported. You should document the home office space by a diagram and/or photograph that supports your square footage calculation. It is a good idea to use your home office address on your business cards and other forms of communication and to have business mail delivered to the office address. You should keep a log of client meetings and other time spent working there. Records you should keep to prove expenses include: utility bills, property tax statements, insurance premium notices, 1098 mortgage interest statements and receipts for other relevant home office expenses.
This is a basic guide to home office deductions. This is not a substitute for the expert counsel of a Tax Accountant.
Tax CPA+John Huddleston has written extensively on tax related subjects of interest to small business owners. He is a graduate of Washington State University and the University of Washington School of Law.
Small Business Webcast offers free educational webcasts to those in the small business community. Tax Experts who are well versed in tax preparation, bookkeeping, business valuations, and payroll services are the instructors.
There are many deductible expenses tied to owning a rental property. Here we will expand on expenses regarding professional fees, interest, and advertising expenses, these are expenses you might deduct from your gross rental income in order to calculate the net rental income.
Interest
If you’re renting a room in your home, or if it is a duplex and you’re occupying the other unit, you will need to pro rate the mortgage expense. (See the article titled Personal Use of Rental Property, included in this guide, for more on how to calculate personal use). Now if you are renting the property as its own living unit, you can deduct all of the mortgage interest you paid on Schedule E. Also, if you own only a part interest in the rental, you must multiply the total amount of mortgage interest paid on the property by your ownership interest. Be aware, however, that certain expenses you pay to obtain a mortgage (such as title/recording fees and commissions) are capitalized as part of your depreciable basis for the property, and are not expensed. See the article titled Depreciation Expenses for Rental Property, included in this Guide, for more on depreciation expense. Other types of interest may also be deductible, if you incurred the interest solely for the benefit of the rental property.
Advertising
Promoting your rental property on the open market, through marketing efforts such as posting newspaper ads or paying for internet marketing, is a tax deductible expense.
Professional fees
You can deduct professional fees incurred in connection with the rental. For example, if you paid an attorney to create a rental agreement, or to initiate court proceedings to evict a tenant, you may deduct these fees. Furthermore, one can deduct expenses paid to a tax accountant/CPA for preparing the Schedule E of your tax return from the previous year. Be sure to pro rate the total fee between the Schedule E and the rest of the tax return based upon the percentage of time the respective sections of the return took. Any fees for preparation of any section of the return separate from Schedule E must go on Schedule A as personal tax prep expense. And, in the event that you pay any management fees or commissions to a realtor group for overseeing your rental, you may deduct these expenditures as well.
Tax CPA+John Huddleston has written extensively on accounting and other tax related matters of interest to small business owners. He is a graduate of Washington State University and the university of Washington School of Law.
This write-up discusses deductible startup expenses for rental properties. You may be permitted to deduct a number of expenses incurred as you prepare your rental property, but before actually letting the rental property.
Note: Startup expenses discussed here, are dissimilar from the expenses allowable as a deduction (in section 195 of the Internal Revenue Code.) Within that section 195, certain expenses incurred as startup expenditures of an active trade or active business are deductible up front up to $5,000, with the balance amortizable over a fifteen-year period. However, in this section 195 of the Internal Revenue Code, rental activity isn’t included because rental activity is thought to be a passive activity not as an active business or trade. Find more information on active versus passive rules in the article titled Tax Deductible Rental Losses.
NOTE: “Rental activity” starts right when you place a property on the market, not when you have actually rented it.
Expenses to Obtain Mortgage
Expenses such as recording fees, mortgage commissions, and abstract fees, are capitalized and develop into part of your basis in the property. This means that you’ll have to depreciate these particular expenses, instead of expensing them all at once. See the article entitled Depreciation Expenses for Rental Property, included in this Landlord Tax Guide, for a more in depth discussion on depreciation.
Points
What are points? They are charges paid by a borrower to take out a mortgage or a loan. This points or charges may also be called origination fees, or premium charges, or maximum loan charges. Points are essentially prepaid interest. Thus, they are deductible as interest, but you cannot deduct the full amount at once. Rather, you must amortize the points over the life of the loan. Figuring out the quantity of points to amortize per year is no simple venture. Talk to a tax professional.
Repairs vs. Improvements
You need to capitalize and depreciate all improvements to the property previous to putting the property on the market. Improvements are those that prolong the use of the property or materially increase the property’s market value. Repair expenses, on the other hand, you may freely deduct. A repair maintains your property in good working condition without adding to its value or prolonging its use. Within the Landlord’s Tax Guide there is more on deductions and depreciation, you would like to read further.
Tax CPA+John Huddleston has written numerous articles on accounting and other tax issues effecting small businesses. He holds a Masters in Tax Law from the University of Washington.
This article of the Landlord’s Tax Guide (Guide) discusses the types of entities for the ownership of rental properties. You’ll see below different types of entities have their respective pluses and minuses. However, the general aim is to limit liability and protect your real estate from any unsecured creditors.
When forming an entity, you will have to go to SOS.WA.GOV to complete the registration.
Note: This tax guide wont serve to replace the expert council of a certified public accountant or tax attorney. You should seek qualified professional counsel when setting up an entity and transferring ownership of a rental property.
Individual Ownership
This is the simpler and more popular method of establishing ownership. This is when you purchase a rental property in your own name. The significant disadvantage of this type of ownership is that your creditors may be able to force a sale of the rental property if they receive court mandate against you, or they could potentially compel you into involuntary bankruptcy. A big plus to this form of ownership is that the process is simple, without complex forms or heavy filing fees.
Legal Entity Ownership
Legal entities include general partnerships, limited partnerships, limited liability companies, and corporations. The differences between these entities are important. We’ll outline them below. The major advantage to entity ownership is that your personal creditors won’t be able to force a sale of the rental property, because you do not own it. The general partnership is the only type of entity that does not require registration with the Secretary of State. As far as taxes are concerned, the type of entity chosen does not matter a tremendous amount because in most cases, rental income “passes through” from the entity and is taxed on your personal tax return (but do note the cautionary note under corporations). See the article entitled Necessary Tax Forms for Reporting Rental Activity, included in this tax guide for landlords, for more on how rental income is taxed.
General partnership. This form of ownership takes place when two or more persons co-own a business for profit. Now with this general partnership each partner has equal management privileges, but also each partner is personally liable for any incurring debts of the partnership. And as a consequence a general partnership is most often not preferred.
Limited partnership. The limited partnership is tricky considering the fact that this form of ownership requires one limited partner and at least one general partner. The limited partner isn’t personally liable for the debts resulting from the partnership, but also has no management rights. Now the general partner has sole management rights, and also personal liability for the debts resulting from the partnership. This arrangement also is usually not suggested.
Limited liability partnership/company (LLPs or LLCs). A limited liability company and a limited liability partnership are quite similar entities, both providing for limited liability to partners/members. This means that you will not be personally liable for the debts of the entity, except in cases when the debt stems from your own wrongdoing. This mode of ownership is often preferable because of limited liability and also there are fewer formalities that require observance than with corporations.
Corporations. Corporations enable limited liability and perpetual existence. And yet on the other hand, they necessitate the observance of certain formalities in order to retain the limited liability guard. Without these formalities, a court may “pierce the corporate veil” and hold you personally culpable. It is for this reason that LLCs and LLPs are frequently more desirable for your purposes. Furthermore, for tax purposes, corporations are split into “S” corporations and “C” corporations. When a corporation is taxed as a “C” corporation, it will pay tax on rental income, and then you will pay tax once more when the corporation pays you dividends. And you should steer clear of this “double taxation” snare.
Accountant+John Huddleston has written several articles on accounting and taxes. He is a graduate of Washington State University and the University of Washington School of Law.
It is a very important that you give yourself due consideration in deciding where to buy, how to go about it, and what kind of practice to purchase.
Take your Time
Pace yourself. You are building the foundation of your future. Where do you want to live, how responsive will the community be to your new practice, how much of a rapport do you already have with the community?
Deciding on Location
Where is it that you would like to live? You’ll want to be a big part of this community, so you’ll need to make sure it’s a good fit. Establishing a connection with the locals will help your business succeed. And ensuring a shorter commute could also pay off. Trading off time spent in commute with time spend amongst family and friends is not a bad deal.
Establish yourself amongst people you can relate to and people you can enjoy. Your practice and your interpersonal life will reap the benefit. Intercity or rural–what’s best for your family? Let the location of your competition inform your decision. Will your spouse be able to find work? Will your kids end up in a school district that will nurture them and grant you piece of mind?
Deciding on the Ideal Practice for You
Lay out a working business plan. What size of dental practice do you anticipate? And do be careful to leave room for growth. Will you be establishing a specialized or generalized dental practice. Can you establish relationships with other practices in the community that can give you referrals? Does working a full five-day schedule with a large list of clients appeal to you? Or maybe you’d prefer a smaller practice that allowed for more time off. Naturally, these decisions will affect your finances and may dictate your level of day-to-day stress too.
Get the Proposed Business Appraised
Seek an appraisal through a certified public accountant. And opt for a professional that has experience with dentistry practices. This will help you establish a clearer point of view. This will give you necessary information in making a purchase and could save you plenty.
Assemble a Team of Professionals
Trying to save money by being completely self-sufficient is a poor decision when you plan on purchasing a dental practice. You’ll have to rely on the expertise of others as your patrons will have to rely on you. Trusted advisors can save you plenty of trouble. Here are a few people you’ll need:
A certified public accountant with a successful track record of aiding dentistry practices and other small businesses on maximizing deductions and remaining tax compliant. You should seek a Certified public accountant who can help you develop tax strategies. You will want a certified public accountant that can advise you on how to structure your business entity (LLC, PLLC, Sole Proprietorship, S-Corp, C-Crop).
A Bookkeeper that is already well-versed in an accounting software system like Quickbooks. A certified Quickbooks Advisor is a level of distinction in which a bookkeeper certified by by Intuit as proficient with the bookkeeping program.
A legal professional to review documents and legally protect your interests.
A consultant also will likely prove useful in helping you avoid pitfalls.
Establish a relationship with a bank early on. Getting prequalified, and ready to finance, informs how much you can afford when putting in an offer.
An insurance agent will evaluate risk and assess the value of the business to see exactly how much coverage you’ll need.
It is wise to seek advice from a mentor or business confidant of some kind, perhaps a veteran dentist who once went through the same process you’re going through now.
A marketing expert-preferably someone with knowledge of internet marketing.
When starting a dentistry practice, go into it with a team that can make sure you get it right.
Tax CPA John Huddleston has a law degree and masters in tax law from the University of Washington School of Law. He has been a guest tax expert on the radio. He advises small businesses in the Seattle Bellevue Tacoma & Everett area on various tax and accounting issues. His firm, Huddleston Tax CPAs, also provides tax preparation service, quickbooks consulting, business valuation, general accounting and bookkeeping service. Profile information on CPA John Huddleston and the CPAs employed by Huddleston Tax CPAs is available at CPA Profile, Seattle CPA.
Preparing Form 656 and Supporting Documentation in Filing for an Offer for Compromise of Back Taxes
An Offer for Compromise (OIC) is a tax debt settlement offer from the IRS to taxpayers, both individuals and businesses, who are unable to pay their tax dues in full. There are certain strict criteria that determine eligibility to file for the OIC and if you do meet these requirements, you’ll need to fill out Form 656 and submit a number of supporting documents to be evaluated for the offer.
Preparing Form 656 OIC
You need to fill out a Form 656 to file for an OIC in two circumstances. In the Doubt as to Collectability situation, there exists a reasonable amount of doubt over your ability to pay the full amount of your claims within the specified period. In the Effective Tax Administration case, your contention for a tax settlement is that paying the full amount of the dues will create economic hardship for you.
Now that you know the circumstances in which you will need to prepare Form 656, here’s what you should remember when completing the form
You will need to give the names of both the parties if you are pursuing a joint offer for joint liabilities. When you owe a joint liability and both you and your partner are submitting for an offer, then you will want to do so on Form 656, just one single form. You may owe a liability, such as employment taxes for yourself and hold other liabilities, such as income taxes, with another person. If, only you are submitting this form, then you have to list all liabilities on one of Form 656. In case both of you want to submit this application, then you have to include all tax liabilities on your Form 656 and the other person must show only the joint tax liability on their Form 656.
You will have to provide the relevant information in every field on the form.
Each person submitting the offer should enter their social security numbers.
You need to give the EIN of all businesses, except corporate concerns, that you own, either wholly or partly.
If your claim to an Offer of Compromise is based on a Doubt as to Collectability, you need to also furnish a completed Form 433A if you are an individual taxpayer and Form 433B if you are a business taxpayer.
If your claim to an OIC is based on Effective Tax Administration, then apart from submitting a Form 433B or 433A, you’ll also need to fill out the info in the “Explanation of Circumstances.” You can also include supplementary bits of relevant information on separate sheets along with your social security and employer identification numbers.
When supplying the total amount of your offer, you cannot include a sum that the IRS owes to you or any amount that you’ve already paid in taxes.
All persons submitting the offer should sign the 656 Form and provide the date. They must provide as well the titles and names of authorized corporate officers, trustees, Powers of Attorney, and executors wherever requested.
You may want the IRS to contact a a friend, a family member, or any other acquaintance to discuss your case in order to understand your circumstance more fully. In that case, you’ll need to tick the “Yes” box in the “Third Party Designee” field. And, if you want your attorney, Certified public accountant, or an enrolled agent to represent your case, you will need to furnish the 2848 Form and submit it in addition to your offer.
Ensure that you disclose the name and if possible, the address of the Offer in Compromise preparer to increase the chances of your offer being accepted by the IRS. And after you have gathered all the documents for submission, be sure that you make copies for your personal records. Apart from these documents, you might also submit additional documents that you think will corroborate your claim for this offer.
Applying for an Oic is a complicated process. Make sure to spend ample time over the Form 656 and provide the entire set of supporting documents to strengthen your chances of acceptance.
Booklet 656 form 433-B is needed for those business owners that have businesses that are any other entity than sole proprietorship. This form is used in calculating the minimum offer you can make the IRS when pursuing an offer in compromise, unless you are able to provide evidence otherwise.
How to complete form 433-b
Section 1 is where you’ll provide an employer identification number, partners, officers, LLC members, major shareholders, and frequency of tax deposits.
Section 2: In section 2, you are to provide business asset information, including: bank accounts, investment accounts, and notes receivable. Also, here you’ll provide information regarding vehicles, equipment, and real estate.
Section 3: This section asks for your business income. The form requests your average gross monthly business income based on documentation from the most recent 6-12 months. Now, if you also provide a profit and loss report for this period, you can give an average amount of profit from these figures instead.
Section Four is where you are going to impart the specifics of business expenses. This would be details such as, your average gross monthly expenses of the more recent period 6 — 12 months (all documented). And, if you do provide a profit and loss statement for this period, you can give an average amount here.
In calculating an offer
If you plan to pay off the offer amount within a period of 5 months, follow the formula below to calculate the amount.
[ 48 x Business income in excess of expenses] Total available assets
If you decide to pay beyond the five month mark, your base minimum offer increases to the following amount:
[Business income in excess of expenses x 60] Total available assets
Whichever method you use, you must exceed zero.
The sixth section
In section 6, you are going to provide details for example whether your business has filed bankruptcy before, and whether your company has whatever other affiliations that could owe money to your company. In this section, you are also requested to share details on whether you have sold any assets at a discount in the past ten years.
