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The most frequently asked tax questions, answered by our network of licensed accountants.
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Is there a limit on the number of owners a LLC has?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
No. There is no limit on the number of owners (members) for a LLC or a Limited partnership or a C Corporation. There are limits for S Corporations and Sole Proprietorships.
How does a Single Member LLC file its tax return?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
A single member LLC files as a disregarded entity on a Schedule C. It does not file as a Form 1065 Partnership tax return.
What are some disadvantages of selecting to be a Partnership compared to other entities?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
Just as in a sole proprietorship, partners are still responsible for unlimited liability, both personal and business. Therefore, everything you own is at risk. Also, you cannot make certain important business decisions without the agreement of the partner.
A general partnership offers few tax benefits to business owners.
What are benefits of forming a Partnership?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
A partnership is a business in which two or more people agree to share ownership and management responsibility for a business. Often partners get together due to complementary skills. If you pick your partners for their skills, you may split responsibilities among the partners. You no longer have to be good at every aspect of the business, but may divide the duties according to each partners' expertise. Some benefits of forming a Partnership are it is easier to raise capital in a partnership than a sole proprietorship. You no longer have to depend solely on your borrowing power you also have the borrowing capability of your partner(s). In this way it is much easier to grow your business. By sharing in the profits, partners generally work harder and strive for success. You no longer have to depend on only your drive to succeed.
Can my K-1 loss from my PTP offset other K-1 income?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
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.
It cannot be used to offset income from other PTPs or other K-1 entities.
Are the K-1 losses that were limited by the "At-risk" rules lost?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
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
Can I use my passive K-1 loss to offset my interest income
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
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.
What is "Active Participation"?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
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.
Is the loss reported on my K-1 fully deductible?
Asked Tuesday, January 03, 2012 by an anonymous userCPA Answer:
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.
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.
My parents are divorced. Which parent is responsible for filing out the FAFSA form?
Asked Thursday, December 29, 2011 by an anonymous userCPA Answer:
If your parents are separated or divorced, the Custodial parent is responsible for filling out the FAFSA. The custodial parent is the parent with whom you lived the most during the past 12 months. This is not necessarily the same as the parent who has legal custody. If you did not live with one parent more than the other, the parent who provided you with the most financial support should fill out the FAFSA. This is probably the parent who claimed you as a dependent on their tax return. If you have not received any support from either parent during the past 12 months, use the most recent calendar year for which you received some support from a parent or lived with either parent.