09/25/2026
Here's a detail that trips up a lot of real estate owners who set up an S-Corp without fully thinking it through: shareholders only get tax basis for capital they personally put in or loans they personally make. The company's own mortgage debt doesn't count.
In a partnership structure, it's the opposite. Each partner gets basis for their share of the entity's debt, even debt they haven't personally guaranteed. That basis is often what lets an owner actually use the depreciation losses real estate generates, which is the whole tax benefit people go into these deals expecting.
The general framework that tends to hold up:
One property, one owner: single-member LLC.
One property, multiple owners: LLC taxed as a partnership.
Active real estate operations like management or development: a separate operating entity, sometimes an S-Corp, layered next to the property-owning LLC.
Worth getting right at formation rather than restructuring later.
Full article on the blog:
Generic entity advice doesn't apply to real estate. Why LLCs and partnerships almost always win, and why S-Corps create tax problems that often can't be undone.