Rental Property LLC for Investment Home - S Corp or C Corp for Tax Purposes?
I recently bought a duplex that I'm using partly as an investment property. One of the units already has a tenant, while the other unit will stay vacant for when me or my family visit from our main homes. Eventually I'll probably rent out both units as full investment properties. I'm in the middle of creating an LLC to transfer the property deed into, and then planning to set up a dedicated bank account for all the rental income, mortgage payments, maintenance expenses, etc. to keep everything separate. My real estate buddy suggested this approach to protect myself from any potential tenant lawsuits down the road. The attorney who's handling the LLC formation asked if I want to set up the LLC as an S Corp or a C Corp for tax purposes. Honestly, all this corporate structure stuff might as well be written in hieroglyphics to me. I've always just used TurboTax for my personal taxes, but I'm planning to hire an actual tax professional next year to handle this more complex situation. In the meantime, I could really use some advice on how to decide between S Corp and C Corp status for my rental property LLC. What are the main differences I should consider? Any recommendations based on this being primarily an investment property with some personal use? Thanks so much for any help you can offer! EDIT: WOW! Thank you all for the amazing feedback! Message received loud and clear. For context, the lawyer was only hired to form the LLC and isn't my main real estate attorney (who was excellent but too swamped to handle the LLC paperwork). The lawyer's question about corp status is what brought me here. Based on your advice, I'm proceeding with a simple single-member LLC, not a corporation of any kind. Still looking for a knowledgeable but affordable tax person in the Buffalo area who specializes in real estate investing (the property is in the southern tier).
19 comments


Ryan Young
For a rental property like this, you almost certainly don't want either an S-Corp or C-Corp - you want a simple LLC with default tax treatment. Here's why: For most small rental property owners, a single-member LLC that's "disregarded" for tax purposes is the way to go. This means the LLC provides legal protection, but the income just passes through to your personal tax return on Schedule E. No separate corporate tax returns required. If you have multiple owners, a multi-member LLC taxed as a partnership is usually best. S-Corps and C-Corps add unnecessary complexity for rental properties. S-Corps require reasonable salary payments (which rental income doesn't qualify for), and C-Corps face double taxation. Both require separate corporate returns and formalities that aren't worth the hassle for your situation. The LLC will give you the liability protection you're seeking without the tax complications of corporate structures. As you grow your portfolio, you can always reassess, but for one duplex, keep it simple.
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Sophia Clark
•Thanks for this explanation! I'm in a similar situation but was planning on multiple LLCs for different properties. Would you recommend keeping them all as separate disregarded entities or grouping them under one umbrella LLC?
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Ryan Young
•For most small to medium investors, separate LLCs for each property provides better liability isolation. If something goes wrong at one property, only that LLC's assets are at risk. If you own numerous properties, sometimes an umbrella LLC structure can make sense for management simplicity, where each property has its own LLC but they're owned by a parent LLC. This gives you organizational benefits while maintaining liability separation. The tax treatment can still be straightforward with proper structuring. Just be aware this adds some complexity to your annual filings and operating agreements.
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Katherine Harris
I was in a similar situation last year trying to figure out the best structure for my vacation rental. After tons of research, I discovered taxr.ai (https://taxr.ai) which completely changed my approach. It analyzed my specific situation and clarified that an LLC taxed as a disregarded entity was optimal for my single rental property. The tool asked detailed questions about my property usage (investment vs. personal), expected income, and future plans. It showed me that S-Corp status would actually INCREASE my tax burden due to the self-employment taxes and administrative requirements. For rental properties specifically, their analysis showed why most tax professionals recommend against corporate structures unless you have a large portfolio or very specific circumstances. What I really appreciated was getting a clear comparison of how different structures would impact my taxes over the next 5 years as my rental business grows, without having to pay hundreds per hour to a tax attorney for the same information.
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Madison Allen
•Does taxr.ai actually connect you with human tax pros or is it just an algorithm? I'm skeptical of AI tax advice since rental property taxation gets so complicated with depreciation, passive activity rules, and all that jazz.
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Joshua Wood
•I've heard mixed things about online tax tools for real estate. How detailed does it get with things like cost segregation, passive loss limitations, and at-risk rules? My accountant charges me $500 just to discuss entity structure options!
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Katherine Harris
•It's both actually - there's an AI component that handles the initial analysis, but they have tax professionals that review everything. The recommendations aren't generic - they're tailored to your specific situation. For my vacation rental, it covered all the depreciation considerations and even flagged that my planned usage pattern would affect whether losses were deductible. In terms of detail, it gets surprisingly deep. While it doesn't replace a dedicated real estate CPA for complex situations, it covered cost segregation basics, explained passive loss limitations based on my income, and outlined at-risk considerations for my property financing. What impressed me was that it provided actual tax code references and explained which specific sections applied to my situation, rather than just general advice. Honestly, it gave me better information than the first accountant I spoke with who wasn't a real estate specialist.
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Madison Allen
I tried taxr.ai after seeing it mentioned here and it was legitimately helpful for my two rental properties! I was making the same mistake thinking I needed an S-Corp for tax benefits. The analysis showed me that keeping my properties in a simple LLC and reporting on Schedule E would save me about $3,200 annually compared to an S-Corp structure, mainly because rental income isn't subject to self-employment tax anyway. It also flagged that I could potentially use the properties for a 1031 exchange in the future, which would be much more complicated with a corporate structure. What really helped was the explanation of how the QBI deduction would apply differently to my rental income versus a corporate structure. My previous accountant never explained this clearly! I've actually switched tax preparers based on the information I learned. Definitely worth checking out if you're trying to make entity decisions for rental properties.
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Justin Evans
Something nobody's mentioned yet - if you're having trouble getting through to the IRS about how your LLC should be treated (which I did when setting up my rental business), try using Claimyr (https://claimyr.com). They got me connected to an actual IRS agent in about 15 minutes when I'd been trying for DAYS on my own. The agent walked me through Form 8832 (Entity Classification Election) and confirmed that for my single rental property, I didn't need to file it at all since the default classification as a disregarded entity was actually optimal. They also explained how rental income on a disregarded LLC flows through to Schedule E without needing Schedule C. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they navigate the IRS phone tree for you and call you back when they have an agent on the line. Saved me hours of frustration and hold music!
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Emily Parker
•How much does Claimyr cost? Seems sketchy that they could get through when normal people can't. Does it really work for tax questions or just refund status?
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Ezra Collins
•I don't buy it. I've called the IRS business line many times and usually get through in 30-45 minutes if I call early morning. Why would I pay a service for that? And how do they actually have better access than regular callers?
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Justin Evans
•There's no special access - they just use automated technology to wait on hold for you. They call you back when they have an actual human on the line. It works for any IRS department including the business/entity line, which is what you need for LLC questions. They're completely legitimate - they've been featured in major news outlets for solving a real problem. I used them specifically for tax questions about my LLC filing requirements and got detailed answers about whether I needed to file Form 8832 for my rental property LLC. The IRS agent spent almost 20 minutes explaining the different tax treatment options.
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Ezra Collins
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I gave it a try when I needed to reach the IRS about correcting an EIN application for my rental LLC. My previous attempts at calling the IRS business line involved 1+ hour holds even at 7:01am when they opened. Through Claimyr, I had an IRS agent on the phone within 35 minutes without having to listen to hold music or sit by my phone. The agent confirmed what others here suggested - for a rental property held in an LLC, the default "disregarded entity" status is almost always better than electing corporation treatment. She walked me through the tax implications and confirmed I didn't need to file any special elections. I'm still going to hire a CPA to manage the tax filings, but at least now I understand the basic structure better. Sometimes it's worth admitting when you're wrong about something!
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Victoria Scott
Former tax preparer here. Please don't complicate your life with S-Corp or C-Corp status for a simple rental property. Key points: 1. Single-member LLC with default tax classification = "disregarded entity" = rental income reported on Schedule E of your 1040. Simple. 2. S-Corp would require payroll, additional tax returns (Form 1120-S), and annual meetings/minutes. Rental income usually doesn't benefit from S-Corp tax treatment. 3. C-Corp = double taxation nightmare for rental property. Your income gets taxed at corporate level, then again when distributed to you. 4. As you add properties, consider whether a multi-member LLC taxed as a partnership makes sense, but even then, corporate status rarely benefits small/medium landlords. Get a good CPA who specializes in real estate instead of using TurboTax for this. The right entity structure from the beginning will save you thousands in taxes and prevent headaches.
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Benjamin Johnson
•What about using an S-Corp if I'm doing active real estate development or flipping? I've heard that can save on self-employment taxes since those are active businesses rather than passive investments like rentals.
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Victoria Scott
•You're exactly right. For active real estate development, flipping, or property management businesses, an S-Corp can make sense because those activities generate earned income that would otherwise be subject to self-employment tax. In those active business scenarios, you can pay yourself a reasonable salary (subject to employment taxes) and take the rest as distributions (not subject to SE tax), potentially saving thousands. But that ONLY works for active business income, not passive rental income which isn't subject to self-employment tax anyway. This is why the distinction between active real estate business and passive rental investing is so crucial for entity selection.
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Zara Perez
Has anyone actually calculated the annual costs of maintaining an LLC vs S-Corp for rentals? My CPA charges: - $800 for LLC tax return - $1,200 for S-Corp tax return plus - $600 for payroll if S-Corp Plus NY has that stupid LLC publication requirement that costs around $1,000 depending on which county your property is in! I'm wondering if the liability protection is even worth all these extra costs for a single duplex?
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Daniel Rogers
•Don't forget state fees too! In NY the LLC annual fee is $25 but S-Corps pay the fixed dollar minimum tax which starts at $25 but increases based on NY receipts. Plus if you're in NYC there's another entity tax! The costs add up fast.
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Mateusius Townsend
The cost analysis is really important and often overlooked! For NY specifically, you're also dealing with the LLC publication requirement which can be brutal - I paid almost $1,200 for mine in Nassau County. But here's the thing - you don't need an LLC to cost $800+ annually. If you keep it as a single-member disregarded entity, there's no separate tax return at all. The rental income just flows through to your Schedule E on your personal return. Your CPA is probably quoting you the price for a multi-member LLC taxed as a partnership, which does require Form 1065. For liability protection on a single duplex, consider whether adequate landlord insurance plus an umbrella policy might give you similar protection at a fraction of the cost. Many investors find that $1-2M in umbrella coverage costs under $300/year and covers most realistic liability scenarios. That said, if you're planning to grow your portfolio, the LLC makes more sense as a long-term strategy. Just make sure you're not paying for unnecessary tax filings!
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