Does my C - Corporation Owe Personal Holding Company Tax as a Residential Rental Corp even with little interest income at 1% ?

Asked almost 2 years ago - New York, NY

I have a question on PHC on the line 18 Rental Income exemption ; 99% of Income is from rent , 1% from interest , but no dividends were paid out by the Corp . So test 1 is clearly met since over 50% of AGI is rental income . However I am not sure I am interepreting the wording for test 2 correctly - " Test 2 . The sum of taxable distributions ( Part VI , line 3 ) and the deduction for dividends paid after the end of the tax year ( Part I , line 12 ) is at least equal to : 1 . The excess , if any , of PHC income , over , 2 . 10% of ordinary gross income . " So I meet this because only 1% of ordinary gross income is interest which is less than 10% , the rest being rental income ? Is this a correct interpretation or should have at least some dividends been paid , at least as much as interest earned ?

Attorney answers (2)

  1. Dana Whitney Atchley

    Contributor Level 20

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    Answered . Under the facts you've described you should meet Test 2 because, as you've described matters, your non-rent income does not exceed 10% of your total income, meaning that the excess of your non-rent income, if any, over 10% of your total income equals $0. As such, the sum of the taxable dividends plus the deduction for dividends paid after the end of the year needs to be equal to or greater than $0. Since you paid no dividends, that sum is $0, and since $0 equals $0, you should meet Test 2.

    Please keep in mind that I've assumed when you speak of "rent income" you're referring to your net rent income, that is, gross rents less the deductions attributable to that rent. If that is not the case and if the deductions that are allocable to the rental income are substantial, then my conclusion is not valid.

    Finally, it would be more prudent if you paid out dividends at least equal to, but preferably a little greater than, the non-rent income.

    www.nytaxcounsel.com

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not... more
  2. Bruce Givner

    Contributor Level 19

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    Answered . It sounds like you do not have a personal holding company tax problem. However, since you even think you have a PHC problem you should have your return prepared by a licensed tax return preparer. Better yet: hire a CPA.

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Filing an income tax return is required for all businesses except partnerships, which file an information return instead.

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