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 Home > Research > Which Entity? > Key points for Certain Industries

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Key Points for Certain Industries

Real Estate: Will the real estate you buy be considered investor property or dealer property? In general, if your intent at the time of purchase is to buy the piece of property to rent out, it is usually considered investor property. If your intent at the time of purchase is to fix up the property to resell it without renting it out, it is usually considered a dealer property. Here are some of the tax differences:

Investor Property

Dealer Property

Intent at time of purchase is to rent out.

Intent at time of purchase is to fix up to resell

Hold for long term

Immediate resale for short term

Income on schedule E

Income on schedule C

Depreciation is allowed

Depreciation is NOT allowed

Rental Income on E, no SE taxes

Rental Income on C, with SE taxes

Can use the Installment Sale

All taxes on profit are due in the year of sale, no matter is sales is all cash.

Eligible for 1031

No 1031 possible.

Income passive, subject to passive loss rule

Loss deductible not limited to passive loss rules.

Can not be used to fund IRA

Income can be used to fund IRA, Keoghs.

Traders: Do you trade stocks in the stock market? Are you considered a trader or investor? This is a key fact you need to know. If you are deemed a trader you will be entitled to business deductions, an investor is not. Also, if you are a trader or investor, a C corporation will be the wrong entity for you. The corporation will either be deemed a Personal Service Corporation or a Personal Holding Corporation. An LLC would be a much better choice.

Internet Business: The Internet is not a free way to avoid paying sales tax if you sell a product. It recommended to speak to a CPA firm that understands multistate taxation and Internet taxation.

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Which Entity?

Which Entity is Best for Your Business?-Discover key questions you need to ask BEFORE you form your entity.

What is the Best Legal Structure; S Corporation, C Corporation or LLC? -A key set of reasons to help you determine what may   be the best entity in your situation.

There Are Five Primary Approaches to Help You Determine Which Entity Is Best in Your Situation

Fundamental Questions to Answer Before You Decide on The Best Entity

Service Owned Business: Examine with and without a Partner

A Product Oriented Business

Selling a Product with a Partner

Key Points for Certain Industries

California LLC vs an S corporation- Which is Better? - Learn why understanding state taxation is key!

If Your Business Venture Involves Financing or Net Losses, You Must Read This Section! - A simple S corporation may not    be the best entity when losses are involved.

Why be a Sole Proprietor when There are Better Options - Discover tax advantages with C corporation and S corporation.

Warning: Do You Have Multiple Corporations?- This common strategy may cost you more than you think!


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