QUESTION

What are her legal options if she is taxed on profit but received no dividends?

Asked on Aug 25th, 2012 on Taxation - Michigan
More details to this question:
My mother invested in an apartment complex. She was told by her property manager that she made no profit last year, yet her tax accountant states otherwise. The property manager continues to deny this.
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5 ANSWERS

Elder Law Attorney serving Hollister, CA at Charles R. Perry
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There should be some kind of statement that says whether there is a profit or loss. I would contact the tax accountant to get a copy of the papers he is using to say there is a profit, and then go to the property manager and/or persons who control the investment. The law does not require a distribution just because there is a profit, though there may be something in the documents controlling your mother's investment that gives her distribution rights. This documentation should be reviewed.
Answered on Aug 29th, 2012 at 10:33 PM

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Tax Law Attorney serving Greenwood Village, CO at ColoTech, LLC
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More data is needed to answer this question. The tax return of the investment must be examined. Technically, if the investment showed "no profit", in most cases, there would be no taxable distributions to the shareholders.
Answered on Aug 29th, 2012 at 2:27 PM

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Real Estate Attorney serving Battle Creek, MI
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It is very possible the complex had taxable profits, but no money to distribute to the owners. This is quite common. In fact, it would be unusual if the money available for distribution to the owners would be the same as the taxable profits.
Answered on Aug 29th, 2012 at 12:35 PM

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Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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It is possible that even though there were no "profits" as such, there may have been amounts which are properly taxed as income. The apartment manager should provide you with any documentation that he has presented to the IRS or that he has on file. This may include a copy of the complex's tax return (Is it a corporation, partnership? Has there been a Subchapter S election?). Inquire of the manager whether or not he has filed a Form 1099 with the IRS.
Answered on Aug 29th, 2012 at 12:34 PM

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Peter James DeRose
You have more than a tax problem. With respect to taxes, your Mother must be involved in a partnership, limited or general, a corporation or an LLC. For each of those entities, a tax return is filed to determine whether or not tax is owed. The entity would then provide your Mother with an income statement for use on her tax returns. This should be determined in consultation with her tax accountant. It is typical in an estate planning setting to have an entity show a profit but not make a distribution. Although, at a minimum a distribution is made to pay the amount of the tax only. It also sounds like your Mother has an issue with the Property Manager. The Property Manager owes your Mother a fiduciary duty. The Manager must disclose all accounting or other papers involved with the apartment complex on demand. You should have these documents scrutinized by a competent and experienced lawyer to determine if your Mother has a cause of action against the Property Manager. Remember, when it comes to hiring a lawyer, experience counts.
Answered on Aug 28th, 2012 at 9:56 PM

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