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Limited Liability Entities

Can a LLC be owned by another business?

Asked Tuesday, January 03, 2012 by an anonymous user
Yes, An LLC and a C Corporation may be owned by another business instead of individuals. S Corporations, Limited parnerships and Sole Proprietorships cannot be owned by other businesses.
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Partnerships

Is the loss reported on my K-1 fully deductible?

Asked Tuesday, January 03, 2012 by an anonymous user
An individual's share of partnership losses (reportable to a partner on a schedule K-1) may not exceed the adjusted basis of the partnership interest. The basis is generally the original capital paid, plus accumulated taxed earnings that have not been withdrawn, less withdrawals.
Partners are subject to the at-risk loss limitation and the passive activity loss limitation rules.
The at-risk limit affects the amount of the loss to the portion that that partner is personally liable for. Generally a passive loss is limited to either passive income or up tp $25,000 if there is active participation in a rental real estate activity.
There is no easy way to explain these rules. Please contact a local CPA to determine the deductibility of the loss reported on Schedule K-1. This area of the tax code is quite complex and confusing to many.
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Partnerships

What is "Active Participation"?

Asked Tuesday, January 03, 2012 by an anonymous user
You may be treated as actively participating if for example you participate in making management decisions or arrange for others to provide services. Examples of management decisions are, approving new tenants, deciding on rental terms, approving capital or repair expenditures and other similar decisions.
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Partnerships

Are the K-1 losses that were limited by the "At-risk" rules lost?

Asked Tuesday, January 03, 2012 by an anonymous user
No. The K-1 disallowed losses due to the At Risk limitation rules are not lost and can be carried over and may be deductible in future years. The term "At risk" means the exposure to the danger of economic loss. A person can claim a tax deduction in a limited partnership up to the amount he or she is at risk if the taxpayer can show it is at risk of never realizing a profit and of losing its initial investment
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Partnerships

Can I use my passive K-1 loss to offset my interest income

Asked Tuesday, January 03, 2012 by an anonymous user
Generally not. Interest income is defined as portfolio income, not passive income. Portfolio income includes interest, dividends, and gains on the sale of investment property. Passive K-1 losses can only be used to offset other passive income, except when the $25,000 special loss allowance for persons with active participation in rental real estate entities can be utilized.
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C Corporations

What is the difference between a C Corporation and a LLC?

Asked Tuesday, January 03, 2012 by an anonymous user
A limited liability corporation offers limited liability to its owners, but may elect to be taxed as a partnership which passes all the income and losses through to its owners. A C corporation is taxed at the federal level and profits are either retained by the corporation or distributed to the shareholders. A profit distribution is called issuing a dividend. These profits are then taxed as income in the shareholders personal taxes. With a LLC, the owner has options of how to be taxed. The IRS allows 3 choices. A Corporation tax like a general C corporation, Partnership taxation like a S corporation or as a Sole Proprietorship.
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Partnerships

Can my K-1 loss from my PTP offset other K-1 income?

Asked Tuesday, January 03, 2012 by an anonymous user
NO. PTP (Publically Traded Partnership) losses can only be used to offset income from that specific PTP.
It cannot be used to offset income from other PTPs or other K-1 entities.
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Limited Liability Entities

Does a LLC report its profit or loss on its personal tax return?

Asked Tuesday, January 03, 2012 by an anonymous user
A LLC similar to S Corporations, Limited partnerships and Sole Proprietorships report theor profit or losses on there personal tax returns.
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Subchapter S Corporations

S Corporation - include a nonresident alien?

Asked Tuesday, January 03, 2012 by an anonymous user
None of the shareholders can be nonresident aliens.
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