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-   -   Claiming a Home Office after entity change to LLC (https://www.askmehelpdesk.com/showthread.php?t=830866)

  • Mar 1, 2017, 02:48 PM
    BobKoz
    Claiming a Home Office after entity change to LLC
    From 1998 to 2016 I had a Sole Proprietorship, in 2016 I changed it's entity to a multi member LLC (husband & wife - Member-Managed). As a Sole Proprietor I always claimed my Home Office, Office equipment depreciation and business use of vehicle on our Joint tax return 1040, schedule E.

    As stated in 2016 the business became an LLC (not filing as Corp, filing as partnership), in filing this first years taxes do I continue claiming my Home Office, Office equipment depreciation and business use of vehicle on our Joint tax return 1040, schedule E, and the Company business on forms 1065 and K-1s -- Or does everything get filed on our 1065 and K-1s, which then gets entered on our 1040?

    I figured since the LLC is a pass-through entity our Home Office, Office equipment depreciation and business use of vehicle should be entered on our Joint tax return 1040, schedule E and not through 1065 and K-1s..

    I received one answer but it wasn't from an expert familiar with a multi member LLC, I'm asking for one answer to this question:

    Does our Home Office and Office equipment depreciation get claimed through a 1065, or do they go directly on our Schedule E?


    I'd appreciate some legal help,
    Thank you,
  • Mar 1, 2017, 03:36 PM
    AtlantaTaxExpert
    I ma not that well versed in partnership returns, but it would seem to me that the partnership should reimburse you for the costs associated with the home office, then claim the expense on the partnership return.

    For sure, you CANNOT claim it on Schedule C, because partnership income and expenses are reported on Schedule E page #2.

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