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Taxes!! Should a Realtor be Incorporated?

By
Real Estate Agent with Endless Summer Realty

Over the course of the last 12 years that I have been in the Real Estate Business I have had 3 different Accountants. I have never had any of them suggest that I incorporate. Recently while having a conversation with an Accountant, he was surprised to hear that I was not incorporated. I asked him why he thought that it was important and he gave me the following reasons:

1. Deductions...you can deduct mileage and business lunches and more. With the mileage credit alone, you can probably pay off the costs of incorporating.

2. Credibility......showing that you are a business and that you know how to run a business is impressive to clients and shows that you are a professional.

3. Liability.....separating yourself personally from the business is a good idea in a litigious society. Making your business responsible instead of you (and your assets) is always a good idea.

4. Establishing Credit.....For the younger Agents, this can be a good way to establish credit, through small business loans, or start a brand new credit profile through the business.

5. Other tax advantages...........Health Insurance paid for by your company and also retirement benefits or accounts also paid for by your new company.

All of these things sound fantastic, but there are many papers to file and fees to pay. I think that each Realtor should speak to their own accountant to see if this is something that would benefit them. There certainly seem to be enough points to the plus side of Incorporating, including being less likely to be audited!!! I will be investigating this on a personal level myself before my 2011 Taxes are due but if any of you have any thoughts, information or personal experience, please feel free to share your info with us all!

Comments(8)

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Roy Kelley
Retired - Gaithersburg, MD

Real estate professionals should consider alternatives for their business structure.  There are recurring costs to create a corporation, and to maintain the entity.  Much of the time the extra layers of costs are more than the benefits.  An experienced CPA is a must for the necessary advice.

 Life is good!

Kentlands. Photograph by Roy Kelley.  Canon PowerShot G11 Camera.

Roy and Dolores Kelley Photographs

 

Sep 22, 2011 01:11 AM
Bill Blankenship
Lisa Von Domek & Associates, LLC / Real Living Real Estate Group - Midlothian, TX

Good morning Diane,

Good points, but I was shocked to read none of your prior accountants had counseled you on this.   

Sep 22, 2011 01:18 AM
Clay R. Seay
Ocala, FL

Diane, good points to consider for 2012 financial planning. Now is the time to be asking those questions of our CPA's. Better to have the information so a cost verses benefit comparison can be made for our individaul situation.

Sep 22, 2011 03:06 AM
Diane Grady
Endless Summer Realty - Saint Augustine, FL

Hi Lisa:  I was also amazed that not one of the 3 had brought it up. That is why I am now exploring this. It seems that everything indicates that I should be incorporated and hopefully we can wrap up this discovery before the 2011 taxes have to be filed! I appreciate all the comments and look forward to whatever insight other Realtors or financial planners can offer up! Have a great day everyone!

Sep 22, 2011 03:53 AM
Bud & Beth McKinney
RE/MAX UNITED - Cary, NC
Cary/Raleigh/Apex NC - The Team That Cares, RE/MAX United

We are incorporated and glad we did so -- I feel safer this way.

Sep 22, 2011 09:18 AM
Kathleen Daniels, Probate & Trust Real Estate Svcs.
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Diane, Just this week an insurance agent ask me if I was incorporated.  I will be addressing this issue with my accountant soon.  I do believe as an independant contractor, which is essentially what I am as a broker associate, I am entitled to deduct mileage, cost of medical insurance, etc. At some point it will make sense to incorporate.  Broker/Owners ... definitely makes sense to incorporate. 

Sep 23, 2011 03:49 AM
Stefanie Cohen
Coldwell Banker Realty - Boynton Beach, FL
"I Love to Sell Real Estate and it Shows"

Diane,

I had an accountant for many, many years who had never mentioned incorporating. How surprised I was when last year my new accountant was shocked, that after over 15 years of actively selling Real Estate I had not incorporated. Needless to say I did, and have not regretted it. My accountant handles everything. Every now and then I receive some instructions on what I need to do, or forms I need to fill out...she handles the rest. If you have a good tax professional, you won't have to worry about what forms need to be filed or when.  Good luck with your decision!

 

Sep 24, 2011 02:11 PM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

Diane, all of that can be done with a DBA (fictitious business name filing) instead of being incorporated.  You do not need to be incorporated unless you have a team of agents, in my opinion.

Sep 24, 2011 05:24 PM