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Posted

SMLLC, a disregarded entity,  engaged in a combination of real property investment and commercial rentals,

who regularly borrows unsecured funds from 2 individuals for both operating and investment purposes.

His main source of income is employment/part owner of a Structural Engineering Firm.

Since his real estate activity doesn't rise to a trade or business level, my tentative conclusion is that he is not required to issue 1099 INTs ?

Posted

A bank would normally issue a .64 cents 1099-int, it would probably be a good idea  to issue one if he indeed paid interest, I would say no if the interest is being accrued and not paid.

Posted

I agree that Form 1099-INT is not required to be issued by a payer unless that payer is paying the interest in the course of his trade or business.  No trade or business, no 1099-INT requirement.

  • Like 1
Posted

Doesn't the fact that he registered an LLC with the state provide de facto evidence that he has a business?   Why else would you create an LLC if not to conduct business?   Not arguing, just asking.

Tom
Modesto, CA

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Posted

LLCs are created for all kinds of purposes other than to conduct business.  The main purpose of an LLC is to attempt to shield an owner from liability for what is in the LLC.  LLCs are formed to hold property and ease gifts of shares of that property to family members.  That can be done with real estate or other investments.

  • Like 2
Posted
19 hours ago, cbslee said:

SMLLC, a disregarded entity,  engaged in a combination of real property investment and commercial rentals,

who regularly borrows unsecured funds from 2 individuals for both operating and investment purposes.

I would consider this activity a business and issue the 1099s. 

  • Like 4
Posted
20 hours ago, EricF said:

LLCs are created for all kinds of purposes other than to conduct business...

They certainly are.  A few years ago the proprietor of Elmo's Alternators brought me his usual cardboard box full of gas tickets, bank statements, deposit slips, Burger King receipts,  invoices, a half-eaten sandwich, and beaucoup wadded-up Walmart tickets (normal fee's $225, but $500 for him since I have to pay a girl to unroll and iron the Walmart tickets flat enough to add up).  Noting the new name (Elmo's Alternators, LLC) on an invoice, I said "El; this might complicate things; did you take on a partner or do anything new?" 

"Not a thing," he replied, "but everybody's doin' it. It sounds better!" :P

  • Like 2
  • Haha 2
Posted

One of my clients said her son formed an LLC for his painting business because it limited his liability for taxes. All he had to do was file a piece of paper with the Secretary of State.  He told her once the LLC was formed, he didn't have to pay tax on any of his income.  After an embarrassing period of silence accompanied by my "deer in the headlights" look, I changed the subject. 

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  • Haha 3
Posted

I had someone tell me that he'd been told that as long as he left the money in his SMLLC and did not send himself a 1099, none of the money was taxable.  He said a CPA had told him that!  Either there was a HUGE misunderstanding somewhere (possible), or the guy giving info wasn't a CPA (possible), or he was selling/giving the kind of tax "advice" that lands the listeners into long-term opportunities to wear orange jumpsuits (also quite possible).  

  • Like 4
Posted
On ‎1‎/‎25‎/‎2019 at 1:16 PM, ILLMAS said:

A bank would normally issue a .64 cents 1099-int, it would probably be a good idea  to issue one if he indeed paid interest, I would say no if the interest is being accrued and not paid.

I thought banks only issued 1099-INT if the amount was $10 or more.

  • Like 1
Posted
6 hours ago, Randall said:

I thought banks only issued 1099-INT if the amount was $10 or more.

Depends on the bank.  I've seen them for forty-eight cents (less than the cost of the stamp to mail the form).  Most of them skip it until the $10 threshold kicks in - but not all of them!

  • Like 1
Posted
22 hours ago, Randall said:

I thought banks only issued 1099-INT if the amount was $10 or more.

It is my understanding they are not required to until the amount reaches $10, but many of them find it easier to issue them to every one with interest instead of sorting to only send those that are necessary. 

  • Like 2
Posted
On 1/27/2019 at 9:43 AM, Randall said:

I thought banks only issued 1099-INT if the amount was $10 or more.

You might be on to something, I believe one of my client received a brokerage statement with a .64 cent 1099-Int.

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