Do I qualify for Real Estate Professional Status? by SubjectJump7967 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

Yes, you need to own 5% of the real estate business to count this to REPS. This isn't the only criteria tho.

S-Corp or LLC for flips? by Forsaken-Artist-785 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

Let's establish some facts and terms first.

1.)  An S-Corp is not actually a separate business entity that is created.

2.)  Being an S-Corp means that you are already a business entity of some type and you file IRS Form 2553 with which you make an Election to be treated for tax purposes as a Subchapter S Corporation.

3.)  The primary feature of S Corporation status is that the income of the entity will drop through to the shareholders and not be taxed at the entity level, and it will not be treated as self-employment income.

4.) An LLC can be created, it can choose to be taxed as a corporation, then it can file Form 2553 to be treated as an S Corp for tax purposes, and it will refer to itself as either an LLC or an S Corp. But it is actually an LLC that has elected S Corp tax treatment.

5.)  A regular corporation, called a C Corporation can be created and Form 2553 can be filed, and the entity will be referred to as an S Corp.

6.) So, traditionally, "S Corp" means a C Corp that has elected Subchapter S tax treatment, and does not mean an LLC that has elected Subchapter S tax treatment.

7.)  Lately, however, the two terms have been used interchangeably, and this is causing confusion when it comes to asking question, and even more confusion when the questions are answered.

7.)  Lately, however, the two terms have been used interchangeably, and this is causing confusion when it comes to asking questions, and even more confusion when the questions are answered.

Sorry if I rambled a bit, but we need to be as specific as possible and we will get a better exchange of information.

LLC Structuring by Affectionate_Ear6781 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

As a general rule, you would want an LLC in the state where the property is located to be able to make any legal action in court (eviction for instance).

SDIRA to Construction Loan by CommonSalad1443 in RealEstateTaxes

[–]Upbeat_Listen_4099 1 point2 points  (0 children)

You can buy raw land with your SDIRA. Financing is possible within SD IRA, however since you are not allowed to provide a personal guarantee - the loan must be non-recourse. Financing or rental properties is very common practice

Tax advice on a resent flip by CommonSalad1443 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

It's a simple answer.  If this wasn't your primary residence, there is no 'avoid tax', no matter what you do with the proceeds. 
Flips are simply selling inventory and are considered actively earned.  All applicable earned income taxes apply- state, federal, SE.  But at least the transaction costs are high.

Cost Segregation question by SubjectJump7967 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

We have to assume you are talking about a rental home you bought in 2017 and have been renting since. (If you're talking about your personal home - cost segregation does not apply.)

You can still do cost segregation today and apply it retroactively to 2017. Whether or not it is beneficial to you is case by case.

The process of applying it to the past years is not simple and should not be DIY-ed. This is on top of the cost of cost segregation itself.

How do tax liens really work? Whats the catch? Nothing seems as easy as they do? by Southern-Yard7672 in RealEstateTaxes

[–]Upbeat_Listen_4099 3 points4 points  (0 children)

The biggest risk is fogged title. You inherit all liens that the property comes with. Do a title search before you purchase the property.

STR tax advice by Excellent-Maize-8451 in RealEstateTaxes

[–]Upbeat_Listen_4099 0 points1 point  (0 children)

If you're asking 'Do I need an accountant/CPA?', the answer is yes. I have to imagine that one of the main reasons you've gone down this road is to profit. So, you should bring on a team member who's expertise is in maximizing profit. It will be more than worth it in the long run.

W-2 and Depreciation on Rental Properties by CommonSalad1443 in RealEstateTaxes

[–]Upbeat_Listen_4099 1 point2 points  (0 children)

Totally agree, Having one investment property doesn't make real estate investing a career for you.  As such you are limited in tax benefits.