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Can unmarried Tenants in Common report investment property income/expenses on their Schedule E's or do they need a partnership entity?

Personal Finance & Money Asked by ScotchAndSteak on May 18, 2021

Thank you in advance to whoever decides to read this and offer their insight.

A friend and I own residential rental properties as Tenants in Common, 50/50 split under our TIC agreement. We have a federal tax question that our CPAs disagree on.

His CPA says we need to create a JV entity and get an EIN, create a partnership return for the JV, and issue K1s to ourselves.

My CPA says that’s unnecessary and that we can just each report 50% of the income and expenses — rent, P&I, insurance, etc. — under our own Schedule E.

From my research, it seems like the difference might lie in the question of whether we are a Qualified Joint Venture. However, everything I can find about QJVs is trying to answer questions for spouses, which we are not.

Which CPA do you agree with and why?

One Answer

Your friend's CPA must be wrong, but that doesn't mean that your CPA is right: Having signed a TIC agreement, you cannot be compelled to create a JV just to enable you to file taxes. The IRS has a "come as you are" approach. The IRS does not go around forcing people to change their business arrangements. Seriously, they have enough to do without interfering in your business.

A JV may or may not be advisable, but that's another question.

Answered by Orange Coast- reinstate Monica on May 18, 2021

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