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Renting apartment below fair market value - Is it considered a rental property for tax purposes?

So I've got this apartment outside the US that I rented to a friend for all of 2023 at below fair market value. When doing my taxes in TurboTax, I selected "Rental Properties and Royalties (Sch E)" option. During the interview process, TurboTax asked me two specific questions: 1. Days rented at a fair rental price 2. Personal use during the year Since I'm renting it below fair market value to my friend, I put "0" for both questions. TurboTax still continued with the interview, and I entered all my expenses, total rent collected, etc. This resulted in a significant loss on paper. From what I've been reading, if a property is rented below fair market value, it's actually considered a personal property, not a rental property for tax purposes. Is this true? If so, why did TurboTax still treat it as a rental property? I'm confused about this. After some research, I realized question #2 should have been 365 days, which would make it a personal property, not a rental. But I'm still unsure about the tax implications. My friend only pays the maintenance fees as rent - nothing directly to me. I would have paid these maintenance fees anyway even if the apartment was empty. Other expenses like property taxes and insurance actually result in an overall loss. I'm not worried about claiming the loss, but someone told me I need to report the maintenance fees as income without being able to deduct any expenses (even from that income). This contradicts what a TurboTax rep told me: "When you rent below fair market price, you would be considered to be renting 'not for profit.' If your expenses (mortgage interest plus property taxes) were more than the rent you received, you are not required to report the income." I'm taking the standard deduction if that matters. Thanks for any help!

StarSailor}

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I'm confused about one thing - if the apartment is outside the US, don't you have to report it on FBAR and Form 8938 regardless of whether it's rental or personal? My accountant told me all foreign properties need to be disclosed even if they don't generate income.

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Miguel Silva

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Foreign property itself isn't reportable on FBAR or 8938 - those forms are for foreign financial accounts and assets. You'd only report the foreign bank account used to receive rental income or pay expenses. The property itself is reported on Schedule E if it's a rental or not at all if it's personal. The foreign rental income would be reported on your tax return regardless of whether it's held in a foreign account or not. But the FBAR/8938 reporting is about the accounts, not the property.

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Mei Lin

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That's actually a good point I hadn't considered. I do have a foreign bank account I use for collecting the maintenance fees and paying property expenses. I'll need to make sure I'm reporting that correctly. Thanks for bringing this up!

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This is a really complex situation that highlights how confusing tax software can be with edge cases. You're absolutely right that TurboTax should have caught this - when you entered "0" for both fair rental days and personal use days, that's mathematically impossible since the property exists somewhere for 365 days. Based on what others have explained here, it sounds like you need to go back and correct your filing. You should enter 365 days for personal use (since below-market rentals to friends/family are considered personal use), which would take you out of the Schedule E rental property track entirely. The good news is that if your maintenance fees are less than your property taxes, you likely don't need to report any income at all. But you should definitely get professional help or use one of the tools mentioned here to make sure you're handling the foreign aspects correctly - there are additional considerations for foreign properties that go beyond just the rental vs. personal determination. Don't feel bad about the confusion - this is one of those areas where the tax code is genuinely unclear and even tax professionals sometimes get it wrong!

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This is such a helpful summary of everything discussed here! I'm definitely going to need to amend my return. One question though - when I go back to correct this in TurboTax, should I completely start over with the rental property section, or is there a way to edit it to change from 0/0 days to 365 personal use days? I'm worried about messing up other parts of my return if I have to delete and restart that whole section. Also, does anyone know if there are penalties for having filed this incorrectly initially? I'm not trying to avoid taxes - I actually reported a loss that I apparently shouldn't have been able to claim anyway. Just want to make sure I handle the correction properly.

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Nia Harris

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Great question about LLC conversions! I've handled several similar situations and wanted to add a few practical considerations: Regarding your timing question - the 12/31/24 effective date approach is definitely the cleaner route administratively. You're right that it avoids the complexity of short-year returns, and since your partner has 0% allocation anyway, there's no meaningful tax difference between the dates. One thing to watch out for: make sure your operating agreement doesn't have any specific termination procedures that need to be followed when a member exits. Some agreements require formal notice periods or buyout procedures, even for members with minimal stakes. Also, consider having the exiting partner sign a release agreement as part of the conversion process. Even though they have no financial stake, this protects against future claims and provides clean documentation for your records. For the Airbnb property specifically - verify that the property deed and any related financing documents won't need updates when the LLC converts to single-member. Some lenders have clauses about ownership changes that could be triggered. The conversion process itself is usually straightforward, but the documentation cleanup often takes longer than expected. Start gathering all your LLC formation documents, operating agreements, and any amendments now so you're ready when you file the 8832.

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This is really helpful advice, especially about checking the operating agreement for termination procedures! I hadn't thought about potential lender notification requirements for the Airbnb property either. One question - when you mention having the exiting partner sign a release agreement, what specific language should that include? I want to make sure we cover all the bases since this partner technically had membership rights even without financial stake. Also, do you know if there are any specific IRS forms or schedules that need to be filed alongside the 8832 for this type of conversion, or is the 8832 sufficient on its own?

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For the release agreement, you'll want to include language where the exiting partner waives any claims to LLC assets, profits, distributions, or management rights. Key provisions should cover: (1) acknowledgment they're voluntarily withdrawing membership, (2) confirmation they have no ownership interest in LLC assets including the Airbnb property, (3) release of any future claims against the LLC or remaining member, and (4) agreement not to compete or interfere with LLC business operations. Regarding IRS forms, the Form 8832 is typically sufficient for the entity classification change. However, you may also want to file Form 8832 with "SUPERCEDING ELECTION" checked if there was any prior entity election. The final partnership return (Form 1065) should indicate it's a final return, and then the SMLLC income gets reported on the owner's Schedule C or E depending on the activity type. One additional tip - consider timing the conversion after any major Airbnb bookings or seasonal peaks to avoid complications with guest contracts or platform agreements during the transition period.

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Alice Pierce

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I've been through a similar conversion process and wanted to share some additional insights based on my experience: For your Form 8832 timing question, I'd actually lean toward the 12/31/24 effective date as well. The administrative simplicity of avoiding short-year returns usually outweighs any minor benefits of an earlier conversion date, especially when the partner has 0% allocation anyway. One thing I learned the hard way - make sure to update your EIN situation properly. When you convert to SMLLC, you'll generally keep the same EIN, but some banks and vendors get confused about the entity status change. I recommend sending updated W-9s to all your business contacts after the conversion to avoid 1099 reporting issues. Regarding the retroactive ownership agreement in point #3 - I'd strongly advise against this approach. Instead, consider having the partner execute a formal assignment of their membership interest (even if valued at $0) to your client with current dating. This maintains the integrity of your historical records while achieving the same practical result. Also, don't forget about your state's annual report requirements. Some states require you to file an amendment or updated report when membership changes, even for conversions like this. The penalties for missing these filings can be surprisingly steep. Have you considered whether any business licenses or permits might need updating after the conversion? Some licensing authorities treat SMLLC differently than partnerships, especially for rental properties.

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Great point about the EIN and W-9 updates! I hadn't considered the potential 1099 reporting complications that could arise from the entity status change. That's definitely something I'll need to stay on top of. Your suggestion about the formal assignment of membership interest instead of a retroactive agreement makes a lot of sense from a documentation integrity standpoint. It achieves the same end result while maintaining a clear paper trail that won't raise red flags. The licensing question is particularly relevant since this involves an Airbnb property. I'll need to check with the local jurisdiction to see if there are any short-term rental licensing requirements that might be affected by the LLC conversion. Some cities have gotten pretty strict about these permits lately. One follow-up question - when you updated your W-9s with vendors and banks, did you encounter any resistance or requests for additional documentation to verify the entity change? I'm trying to anticipate any potential roadblocks in that process.

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Has anyone used the corporate credit card approach? My accountant suggested getting a separate credit card for my S-Corp, putting all client-reimbursable expenses on that card, and then recording the reimbursements as direct payments against those specific expenses in my accounting software rather than as income.

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Jamal Brown

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I do exactly this! QuickBooks has a feature specifically for client reimbursable expenses where you can tag expenses as "billable to client" and then when you create the invoice, it adds them automatically. When the client pays, it closes the loop without ever hitting your income statement. Works perfectly with a dedicated company card.

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That's super helpful, thanks! I'm using QuickBooks already but hadn't set it up that way. Will look into the billable expense feature. Sounds like it would solve my tracking headaches.

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This thread has been incredibly helpful! I'm in a similar situation as the original poster - just converted to S-Corp this year and have been struggling with how to handle client meal reimbursements properly. One thing I wanted to add that might help others: make sure you're keeping contemporaneous records of the business purpose for each meal. The IRS requires documentation of who you met with, what business was discussed, and the specific business relationship. Even with client reimbursement, you still need this documentation to support that it was a legitimate business expense in the first place. I learned this the hard way when my previous accountant told me I just needed receipts, but during a review, I realized I was missing the business purpose documentation for about half my meals. Had to go back through old calendars and emails to reconstruct what each meal was for. Now I write the business purpose right on the receipt when I get it, or immediately add it to my expense tracking app. Also, for anyone using the separate credit card approach that @Zoe mentioned - make sure that card is officially in your S-Corp's name, not just a personal card you designate for business use. The legal separation is important for maintaining your corporate protections.

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Myles Regis

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This is exactly the kind of detailed advice I wish I had when I first switched to S-Corp! The contemporaneous records point is so important. I've been sloppy about documenting the business purpose and just realized I could be in trouble if audited. Quick question - when you write the business purpose on the receipt, do you include client names or keep it more general for privacy reasons? Also, what expense tracking app do you recommend that makes it easy to add this kind of detail on the go? Thanks for the tip about the corporate credit card too. I've been using a personal card that I only use for business - sounds like I need to get a proper corporate card in the S-Corp's name.

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You're absolutely right to question this situation. Generally speaking, you should only need to file state tax returns in states where the partnership actually conducts business activities or owns income-producing property. The fact that a general partner resides in NY or NJ typically doesn't create a filing obligation for you as a limited partner. However, that $157 showing up on your NY K-1 is concerning and definitely needs clarification. Even small amounts can potentially trigger filing requirements in some states, and New York is particularly aggressive about non-resident taxation. I'd recommend getting written documentation from the general partner explaining exactly what that $157 represents and whether it constitutes NY-source income. If they're telling you to ignore the forms, they should be able to provide you with a clear explanation of why those amounts don't create filing obligations for the limited partners. Don't just take their word for it - ask for specifics about the nature of that income allocation and get their advice in writing for your records.

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Freya Ross

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This is excellent advice! I've been following this thread as someone new to partnership investments, and the point about getting written documentation is crucial. I learned the hard way with other tax situations that verbal assurances from business partners don't hold up well if you ever face an audit or penalty situation. Drew's suggestion to ask specifically what that $157 represents is spot on. Even if it's a small amount, understanding the source could help determine if it's truly NY-source income or just some kind of administrative allocation error. Some partnerships do weird things with their accounting that create phantom income allocations to states where no real business activity occurred. Thanks for sharing your expertise on this - it's helping me understand what questions I should be asking about my own K-1s!

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As someone who's dealt with similar multi-state partnership issues, I'd strongly recommend being very cautious about ignoring any state K-1s that show actual dollar amounts, especially that $157 on your NY form. New York has some of the most aggressive non-resident tax enforcement in the country. Here's what I'd suggest: First, contact the partnership's tax preparer directly (not just the GP) and ask them to explain exactly what generated that $157 allocation to NY. Sometimes it could be something like a small bank account earning interest in NY, or a portion of management fees allocated to a NY-based service provider. Second, consider the cost-benefit analysis. Filing a simple non-resident return in NY for $157 of income would likely result in minimal or zero tax owed, but it establishes a clear record of compliance. The penalty risk of not filing (if you actually should have) could far exceed the cost of just filing the return. I learned this lesson the expensive way when I ignored what I thought was an "informational only" K-1 from Pennsylvania. Two years later, I got hit with penalties that cost way more than just filing the return would have. When in doubt, err on the side of caution with state tax obligations - especially with New York!

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Jean Claude

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This is really helpful perspective, especially coming from someone who learned the hard way! Your point about contacting the partnership's tax preparer directly is brilliant - they would have the most detailed knowledge about how those state allocations were actually calculated. I'm curious about your Pennsylvania situation - was it a similar case where you received a K-1 with a small amount and assumed it was informational? What kind of penalties did you end up facing? This would help me understand the real risks of getting this wrong. Your cost-benefit analysis approach makes a lot of sense too. Even if filing the NY return costs a few hundred dollars in prep fees, that's probably much less than potential penalties plus interest if NY decides I should have filed.

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Jean Claude

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I'm going through this exact same situation right now - just did my ID verification last week and got the same 9-week timeline. Reading through everyone's experiences here is both reassuring and nerve-wracking! It sounds like there's a pretty wide range of actual wait times. I'm going to try setting up that IRS account to check my transcript like others mentioned, and maybe look into that taxr.ai thing since trying to decode all those IRS codes myself sounds like a nightmare. Thanks to everyone sharing their experiences - it really helps to know I'm not alone in this frustrating process!

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Sasha Ivanov

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Welcome to the waiting game club! šŸ˜… I just went through this whole process a few months back and I know exactly how you're feeling. The uncertainty is honestly the worst part. Based on what I've seen here and my own experience, it really does seem to vary wildly - some people get lucky with 4-6 weeks while others wait the full 9+ weeks. Setting up that IRS account is definitely worth it, though fair warning their website can be finicky. If you do try taxr.ai like others mentioned, I'd be curious to hear how it works out since I'm always looking for better ways to make sense of IRS communication. One thing that helped me was trying not to check daily since it just made the anxiety worse. Hang in there - at least you've cleared the biggest hurdle with the in-person verification!

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Miguel Diaz

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I just went through ID verification myself about 2 months ago and can share my experience. They told me the same 9-week timeline, but I actually got my refund in 7 weeks. What really helped was checking my transcript weekly (not daily - that just drove me crazy) and watching for specific codes. The key ones to look for are: 971 code (which shows they received your ID verification), then eventually the 846 code (refund issued). My transcript didn't move for like 4 weeks straight after verification, then suddenly everything updated at once. The waiting is absolutely brutal when you're counting on that money, but from what I've seen most people do get it within that 9-week window or sooner. One tip: if you haven't already, make sure your direct deposit info is correct - that'll save you an extra week or two versus waiting for a paper check. Hang in there!

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Kayla Morgan

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Thanks for sharing your timeline Miguel! That's really helpful to know about the specific codes to watch for. I'm pretty new to all this tax stuff and didn't even know about transcripts until reading this thread. The 971 and 846 codes you mentioned - do those show up in a specific order or can they appear at the same time? Also wondering if the "transcript didn't move for 4 weeks" thing is normal or if that usually means there's an issue. I'm trying to set realistic expectations for myself since I'm definitely one of those people who would obsessively check daily if I'm not careful!

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