1 : We have an LLC (2 member, my wife and I) set up to hold our real estate
asset (condo). It has been a year, now. The first year we did some rehab but
this year we will accrue some cash and next year even better. In other words,
starting to make a little money. This is in California, if it matters (I assume
not).
2 : Our question is about health insurance premiums. We'd
like to deduct this expense or whatever we can and are not sure how to properly
do so or what amount we can do this. For example, if we clear 1000 a month and
our combined premiums are 500, we assume we do NOT expense this as a normal
business expense, but rather against our personal profit at the end of the
year? Or how does this work? What is the effective actual benefit we will
receive, just so that I understand it?
Answer :
1 : In general, The IRS does allow a husband and wife who
are co-owners of a business to make an election to be qualified as a joint
venture, where each spouse reports business income on a Sch C rather than on a
partnership Form 1065. But IRS regulations specifically prohibit spouses who
are co-owners of an LLC from making that election. However, Joint ventures for
the purpose of this act cannot be in the name of a state law entity, and an LLC
is formed under state law. When a married couple co-own an LLC, the IRS by
default treats the company as a partnership and requires the spouses to report
their share of income on Form 1065. The other option the married couple have
would be to elect to have their LLC treated as a C or S Corp, under which one
or both spouses can receive a wage from the LLC for actively participating in
the business.
2 : The actual deduction occurs at the partnership level and is passed to the partner via lower income on the Sch K-1.
2 : The actual deduction occurs at the partnership level and is passed to the partner via lower income on the Sch K-1.
If the partnership pays for the health insurance premiums for its partners, it
deducts the expense as guaranteed payments and reports the amount to each
partner on their respective Sch K-1s as guaranteed payments. The partner then
picks up the guaranteed payment as income and reports “self employed health insurance”
deduction. The guaranteed payment offsets the self employed health insurance
deduction for a net zero effect on taxable income, thus the single deduction
described above on the K-1.When a partner pays his (her) own medical insurance
premiums, the self-employed medical insurance deduction is allowed if there is
self-employment income. In prior years, this topic..Read More..
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