S-Corp Leasing From LLC
I have set up an S-Corp for my business and I intend to hold the land and buildings in an LLC. The question I have not seen answered is, can the S-Corp lease the buildings and land from the LLC where I am an active member? If so, is the monthly mortgage, tax, and interest a reasonable lease amount?
Also, for the sake of time and money we are initially buying the land personally and intend to transfer it to the LLC. Are there any problems associated with this transaction?
Thanks,
Rick
You need to seek professional advice on the structure including the relationship of the entities, the price charged between entities and the support for the charges. If it is not done properly it can be disallowed upon audit.
The property has to be partially or totally destroyed due to a natural disaster or must be condemned via Eminent Domain by a government body that has Eminent Domain authority.
Here are some links for you:
Code: http://www.exeterco.com/section_1033_internal_revenue_code.aspx
Regulations: http://www.exeter1031.com/section_1.1033_internal_revenue_service_regulations.aspx
Summary of Various tax-deferral strategies: http://www.exeterco.com/Summary_Tax_Strategies.aspx
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thanks for the cites.