< Back to IRS

Jamal Brown

How to properly allocate between 1065 Ordinary vs Rental Real Estate Income when partners do repairs themselves

I'm a tax preparer working on a partnership return for some clients who are very hands-on with their rental properties. I haven't dealt with a real estate partnership where the owners are this involved in years, so I'm second-guessing myself. The partnership owns multiple rental units - some with long-term tenants and others they rent through Airbnb. What's complicating things is that the partners personally handle a substantial amount of the property maintenance and repairs. This year they've replaced sheetrock in several units that became vacant, fixed plumbing issues, and have purchased quite a bit of tools and equipment specifically for property maintenance. My question is about the proper allocation on Form 1065: Should any of these expenses (especially their own labor and the tools purchased) be treated as ordinary income/expenses, or should everything go on Line 2 of Form 8825 as rental real estate income/expenses? I'm particularly unsure about how to handle the tools and equipment they've purchased exclusively for property maintenance purposes. Would appreciate any insights or recommended resources on this distinction for partnership returns! Thanks in advance.

This is a common issue with hands-on real estate partnerships. Generally, all expenses directly related to the rental activities should be reported on Form 8825, including repairs, maintenance, and tools used exclusively for the rental properties. The key distinction is whether the partnership is in two separate businesses: (1) rental real estate and (2) a service business for repairs/maintenance. From what you've described, it sounds like the partners are simply maintaining their own properties rather than operating a separate repair business. Their personal labor doesn't create a deductible expense - they're just working as partners in the rental business. For the tools and equipment, if they're used exclusively for maintaining the rental properties, they should be reported on Form 8825. Depending on the cost, these might need to be capitalized and depreciated rather than expensed immediately.

0 coins

Thanks for the response. That's what I was thinking too, but wanted confirmation. So even if they spend significant time doing these repairs themselves (probably 15-20 hours weekly), there's no way to compensate them for this "sweat equity" other than through their partnership distributions?

0 coins

Correct, partners can't deduct the value of their own labor or pay themselves wages that would be deductible on the partnership return. Their compensation comes through their distributive share of partnership profits. If they're spending that much time (15-20 hours weekly), they should be aware this likely qualifies them as real estate professionals for tax purposes, which could be beneficial if the rentals generate losses that would otherwise be subject to passive activity loss limitations. This would allow them to offset their rental losses against other income types.

0 coins

I was in a similar situation with my rental properties and found https://taxr.ai super helpful for sorting through these partnership tax issues. I uploaded my previous tax documents and got a clear analysis of how to properly categorize these expenses. What helped me most was seeing how the IRS views partner labor vs. actual expenses. The tool showed me exactly where to report items like tools and materials on Form 8825 and when certain larger purchases needed to be depreciated instead of expensed. It also helped determine when my activities qualified as "material participation" for tax purposes.

0 coins

Did it actually give you specific guidance on Form 1065 allocations? Or is it more general tax advice? I've seen so many "AI tax tools" that just regurgitate general info you could find anywhere.

0 coins

I'm curious how it handles the gray area of partners who are doing extensive work themselves. Did it cover anything about guaranteed payments as an alternative to treating everything as rental activity?

0 coins

It provided specific guidance on where to allocate different expenses on Form 1065 and Form 8825 based on my specific situation. It wasn't just generic information - it analyzed my actual documents and partnership structure to give customized recommendations. For the extensive work question, it actually did cover guaranteed payments as an option, explaining when they're appropriate and when they're not. In my case, it showed that guaranteed payments wouldn't be ideal since our work was directly tied to property improvement rather than partnership management.

0 coins

I tried taxr.ai after reading about it here, and it was surprisingly helpful for my situation. I've been doing my own partnership returns for our three rental properties but always struggled with the proper allocation of expenses. The system analyzed my previous returns and identified several misclassifications I'd been making between ordinary income and rental real estate. I was putting all my tool purchases under rental expenses, but it showed me that some larger equipment purchases should have been capitalized and depreciated. Also helped clarify that my partner's construction work on our properties couldn't be deducted as a labor expense but could affect our status as real estate professionals. Definitely worth checking out if you're handling these complex partnership situations.

0 coins

For anyone dealing with IRS questions about partnership returns, I had a great experience using Claimyr (https://claimyr.com) to actually get through to the IRS. After spending hours trying to get clarification on a similar ordinary vs rental income issue on our partnership return, I was about to give up getting any official guidance. Claimyr got me connected to an IRS agent in about 15 minutes when I had been unable to get through for weeks. The agent was able to specifically address how to handle partner-performed improvements on rental properties and tool purchases for our Form 1065. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c

0 coins

How does this actually work? Seems sketchy that a third-party service can somehow magically get you through to the IRS when their lines are always jammed.

0 coins

I don't buy it. I've tried everything to get through to the IRS for partnership questions. Even my CPA says it's nearly impossible these days. There's no way some random service can consistently get people through.

0 coins

It works by using an automated system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a call connecting you directly to them. It's not "magic" - it's just technology doing the waiting for you. The reason it's effective is because most people give up after being on hold for 30+ minutes, but their system will wait however long it takes. For my call, it was about 45 minutes of hold time that I didn't have to personally sit through.

0 coins

I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway since I was desperate for guidance on our partnership's rental vs. ordinary income allocation. Got connected to an IRS representative in about 35 minutes (which is remarkable since I had previously spent multiple days trying). The agent clarified that for our situation, since we weren't offering repair services to others, all expenses related to maintaining our rental properties should go on Form 8825. She also explained that while we can't deduct our own labor, the materials and depreciated tools we use for repairs are legitimate rental expenses. This saved us from incorrectly trying to split our activities between two different business types on the 1065.

0 coins

When I was in a similar situation, I found that maintaining a detailed time log of all repair/maintenance activities was helpful for two reasons: 1) It helped document material participation for real estate professional status 2) It allowed precise allocation of expenses between properties It's also worth considering whether forming a separate property management LLC might make sense in your case, especially if the partners are spending significant time on maintenance. This can sometimes create a cleaner tax structure, though it adds administrative complexity.

0 coins

Does creating a separate management LLC actually solve the labor deduction issue though? Wouldn't that just shift where the income is reported rather than creating a new deduction for the partners' time?

0 coins

You're right that it doesn't create a new deduction for the partners' labor directly. What it can do is create a clearer business structure where the management LLC charges the partnership a fee for services, which can include some compensation for the partners' time. However, this approach does add complexity and requires careful planning to avoid self-employment tax issues or having the arrangement disregarded as not reflecting economic reality. It's definitely something to discuss with a tax professional who specializes in real estate partnerships rather than implementing based on forum advice.

0 coins

Bit late to the discussion but wanted to add that we have a similar partnership structure for our rentals. We confirmed with our CPA that tools under the de minimis safe harbor threshold ($2,500 per invoice for most taxpayers) can be expensed immediately rather than capitalized, even for partnerships.

0 coins

I've been using the de minimis safe harbor too, but I thought the threshold was only $500 for partnerships without an applicable financial statement? Has this changed recently?

0 coins

You're correct to question this - the de minimis safe harbor threshold is indeed $500 for taxpayers without an applicable financial statement, which would include most small partnerships. The $2,500 threshold only applies to taxpayers with audited financial statements. So for most rental partnerships like what's being discussed here, tools and equipment purchases under $500 per item can be expensed immediately, while anything over that amount generally needs to be capitalized and depreciated. This is an important distinction that could affect how @StarSurfer and others are handling their tool purchases on Form 8825.

0 coins

Great discussion here! I want to emphasize something that might get overlooked - the distinction between repairs and improvements is crucial for Form 8825 reporting. When your partners are doing work themselves, you need to carefully categorize what they're doing. Replacing sheetrock in vacant units and fixing plumbing issues are typically repairs (deductible immediately), but if they're substantially improving the properties beyond their original condition, those costs might need to be capitalized as improvements and depreciated. Also, regarding the Airbnb units versus long-term rentals - make sure you're consistent in treating both as rental real estate activities on Form 8825. The IRS generally considers short-term rentals like Airbnb as rental real estate rather than ordinary business income, especially when the average rental period is 7 days or less and the owner doesn't provide substantial services. Keep detailed records of what work is being performed and the materials used for each property. This will be essential if you ever face an audit or need to justify the repair vs. improvement classification.

0 coins

This is really helpful clarification on the repair vs. improvement distinction! I'm curious about the record-keeping aspect you mentioned - what level of detail do you recommend for documenting the work performed? For example, if the partners spend a Saturday replacing drywall in multiple units, should they be tracking hours per unit, or is it sufficient to document the overall materials cost and general description of work performed? I want to make sure we're maintaining adequate documentation without creating an administrative burden that discourages their hands-on involvement. Also, regarding the Airbnb classification, does the substantial services test change if they're providing things like cleaning between guests and restocking amenities? Or does that still fall under rental real estate as long as the core activity is providing lodging?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today