Real-Estate Professionals – Do You Have More Deductions?
Recently the IRS issued Headliner 271
Tips on Rental Real Estate Income, Deductions and Recordkeeping. This headliner is full of good info, but I thought it needed some expansion for Real Estate Professionals. So with that in mind, I have included some facts from IRS Publication 925 Passive Activity and At Risk Rules:
“Generally, rental activities are passive activities even if you materially participated in them.
However, if you qualified as a real estate professional, rental real estate activities in which you materially participated are not passive activities. For this purpose, each interest you have in a rental real estate activity is a separate activity, unless you choose to treat all interests in rental real estate activities as one activity. See the instructions for Schedule E (Form 1040) for information about making this choice.
[Stacie says: Be careful here, I have seen preparers treat rental real-estate owned by a real-estate professional as non-passive even when all interest are not treated as one activity. Although it is possible to meet the material participation requirement, its unlikely when there are many rental properties.]
“If you qualified as a real estate professional for 2008, report income or losses from rental real estate activities in which you materially participated as nonpassive income or losses, and complete line 43 of Schedule E (Form 1040). If you also have an unallowed loss from these activities from an earlier year when you did not qualify, see Treatment of former passive activities under Passive Activities, earlier.
Qualifications.
Extend The Due Date To Pay Your Corporate Income Taxes
Do you have a profit in the current year, but because of certain economic conditions, or other factors you expect to have a net operating loss next year?
If the answer is yes, you may be able to delay payment of your corporate income taxes.
Yes – Really, you can delay payment of corporate income taxes if the right conditions exist.
Generally, if you request an extension of time to file your tax return, you are extending the due date of the return, but not the due date for paying your income tax. As corporate tax payers know, their income taxes are due in full by the 15th day of the third month following the corporation’s year-end.
However, you may be able to extend the due date for paying your corporate income taxes by filing Form 1138 Extension of Time for Payment of Taxes by a Corporation Expecting A Net Operating Loss Carry back.
In order to take advantage of this extension of time to pay your tax, you must also extend the due date of your corporate income tax return using Form 7004 Application for Automatic Extension of Time to File Certain Business Income Tax. Payment is delayed [and therefore not deposited with Form 7004] because taxes that normally would be deposited will be reduced or possibly eliminated by the carry back of the net operating loss from the following year.
File the Form 1138 after the beginning of the tax year where you expect a net operating loss, but before the original due date of the tax return.
The extension for payment is in effect until the return for which the extension is requested is due to be filed – including extensions.
Note: Not all payments are extended. If you were required to make estimated payments throughout the year, these will most likely not be extended. Only payments that would be due after you file Form 1138 are extended.
