Hi Everyone,
My GC want to be paid in cash. Its a gut rehab which will be over $100k. I will not be paying it all upfront. I am not concerned about him disappearing or doing a poor job as I have known him many years. I know paying in cash is NOT illegal but wondering what I should be aware of if I agree to this or if there are any other concerns that could become a problem for me.
Thanks in advance.
Nope, no chance.
With a $2,000-$3,000 job sure but anything over $10,000 needs to be documented electronically.
Offer to wire or write him a check.
I've heard way too many horror stories of contractors disappearing.
For that much of a rehab, I'd also have a scope of work contract that says how much they'll get paid after what work is complete.
Hi @Rene Bee
I would issue receipts that he signs and progressive/final lien waivers. Have a formal agreement drawn up as well. Best of luck!
Nope, no chance.
With a $2,000-$3,000 job sure but anything over $10,000 needs to be documented electronically.
Offer to wire or write him a check.
I've heard way too many horror stories of contractors disappearing.
For that much of a rehab, I'd also have a scope of work contract that says how much they'll get paid after what work is complete.
I may front a contractor some money to start (never cash) from there I only pay him for work completed (need pictures for proof). I have seen investors get scammed by contractors too many times!
Hi Everyone,
My GC want to be paid in cash. Its a gut rehab which will be over $100k. I will not be paying it all upfront. I am not concerned about him disappearing or doing a poor job as I have known him many years. I know paying in cash is NOT illegal but wondering what I should be aware of if I agree to this or if there are any other concerns that could become a problem for me.
Thanks in advance.
There's no logical reason for an honest GC to be paid in cash. Anyone honest is paying their workers by check, demonstrating regular deposits in their business bank accounts for their accountants and the IRS, and paying their vendors by check. Having to truck it on down to the local BOA to deposit a bunch of cash is a PITA.
The only logical reason for a GC to be paid in cash is to have no paper trail of payments made to him. That's a big red flag for you.
@JD Martin My GC also wants to be paid in cash. I’ve worked with him for about 24 years now. I’ve learned to work around his quirks and oddities. We get along great. I don’t worry about him running off or sit waking from me.
In your case IDK. If you get a contract, pay a small amount up front, then check to make sure progress is being made on a consistent, timely basis and only pay out more based upon this manner then you might be fine.
My contractor has personal reasons for needing to be paid in cash. He’s pretty much a 1-2 man show. He has access to tons of sub-contractors who he bills for some of them and I can pay by check for those or others they send me their own invoices and I pay them directly.
You just never fully know the reason why someone might want the cash. If they’re running a large company that way then definitely red flags.
Legitimate contractors do not take cash under the table. I would run from this guy immediately and look for a licensed contractor that isn't shady.
It isn't illegal to pay in cash, but you have to wonder why he wants that. The only reason I can think of is that he doesn't want to pay taxes. If he's willing to be dishonest in one area of life, he's willing to be dishonest in others.
@JD Martin My GC also wants to be paid in cash. I’ve worked with him for about 24 years now. I’ve learned to work around his quirks and oddities. We get along great. I don’t worry about him running off or sit waking from me.
In your case IDK. If you get a contract, pay a small amount up front, then check to make sure progress is being made on a consistent, timely basis and only pay out more based upon this manner then you might be fine.
My contractor has personal reasons for needing to be paid in cash. He’s pretty much a 1-2 man show. He has access to tons of sub-contractors who he bills for some of them and I can pay by check for those or others they send me their own invoices and I pay them directly.
You just never fully know the reason why someone might want the cash. If they’re running a large company that way then definitely red flags.
@Rene Bee
Also remember if you pay cash and do not account for it then when you go to sell it your cost basis is $100,000 less..
As mentioned you can pay anyone cash but if you pay them more than $600 you still have to 1099 them.
If it was a few grand ok to pay cash, someone wanted me to pay them $100k - does not matter how long I have known someone that would cause me concern.
@Rene Bee paying cash or non-cash doesn’t limit risk of him ghosting you. You’ll just need to be smart and only pay as services are rendered.
I find it amusing for those who note this is a red flag when a large portion of our cash society do not pay full share of taxes.
I think the percentage is closer to 100% than 0% for people who don't pay full taxes, and that includes most the REI investors on this forum. How many threads have we seen where people give advice on how to maximize business deductions.
It’s a $100k renovation but how much of it is materials va labor? How many people are in the contractors crew? Maybe you buy the materials directly, or make payment after materials are delivered and put labor payments on a draw. Or maybe use this to your advantage and ask for a discount since he’s netting higher profits.
@Rene Bee He can want cash so what. Lots of people want cash including contractors I have known a long time. Does not matter they get a check and I deduct it as an expense on my return. Any bank will have problems with that much money. You don't know what you don"t know. Steer clear.
Chance are an IRS agent is reading this since this is a public forum and they might be interested in who this contractor is.
If he wants cash, then he can cash your check. :-)
If your bank will not cash the check, then you can go up there with him and they should cash it then.
Explain to the contractor that that’s how you pay for accounting purposes.
Hi Everyone,
My GC want to be paid in cash. Its a gut rehab which will be over $100k. I will not be paying it all upfront. I am not concerned about him disappearing or doing a poor job as I have known him many years. I know paying in cash is NOT illegal but wondering what I should be aware of if I agree to this or if there are any other concerns that could become a problem for me.
Thanks in advance.
Cash is still supreme. And it is still legal.
Remember, you aren't his daddy or momma. Your obligation to the IRS is yours alone and his is his own. You fill out a 1099 and include it in your return.
If he wants to be paid in cash it's a very simple process.
You have a record of the cash withdrawal from your bank, you make a note in your books. You give him his cash with a receipt that he signs.
I just went through an IRS audit, at my request, because I amended a return. It was a little more complex return, it included property purchases (Subject Tos), rehabs, property sales, property holds, rentals, lease options, an installment sale and assignments. It also had a lot of cash transactions. My local contractors in Phoenix AZ
are "unbanked". To the IRS I provided all my bank records with notes and receipts of the cash deposits & cash withdrawals and what each was for, including the receipts, including the HUDs, rents, and so on. It took a mac truck to deliver the paperwork. (Just kidding on that but it was a lot of paper, neatly organized by subject, by date and easy to follow).
At the end of all that, the agent reduced my tax liability by the amount of an average person’s yearly income and awarded me a refund I'm embarrassed to comment on. Even with all of the cash transactions, there was no problem whatsoever because I kept records and receipts. A good businessman is going to do that anyway.
I pay all my contractors in cash, normally. A few won't take cash but that's their business not mine, so I give them cashier's checks. When I buy Subject To, I give the seller $10,000 - $20,000 in cash so they can move and not have to wait for bank clearance. It makes them convinced the gig is over and it’s time to move. I don’t have problems with holdovers. A lot of these are pre-foreclosure and have lost their bank account, so giving them a check is problematic. I just call ahead to my bank and make sure they have on hand what I need. My transactions always go through escrow and with HUDs so everything is documented.
When everything goes electronic, we lose our freedom for accepting “easy”. I’m hearing about people losing their bank account because they had a different opinion on something or other. I won’t go that path. Send your contractor my way, I think I like him already.
What to do if your Wells Fargo deposit is missinghttps://www.cnn.com/2023/08/04/business/missing-bank-deposit-wells-fargo-explainer/index
@Rene Bee
You’re going to want a tax write off so don’t pay in cash. And your contractor doesn’t want to pay taxes so that’s why he wants cash. It’s a win for your contractor and his workers to pay in cash so they don’t pay any income tax. And a loss for you because you can’t write anything off. Not to mention, many of these people run off with our cash or don’t finish the project. I’d pay more for someone else to do it properly.
I think this way to much for cash only something seems wrong. I would make sure to report stuff on your end for taxes you don't want something coming back on you. and if you did do cash only you better be getting a very good deal.
@Rene Bee
You’re going to want a tax write off so don’t pay in cash. And your contractor doesn’t want to pay taxes so that’s why he wants cash. It’s a win for your contractor and his workers to pay in cash so they don’t pay any income tax. And a loss for you because you can’t write anything off. Not to mention, many of these people run off with our cash or don’t finish the project. I’d pay more for someone else to do it properly.
@Rene Bee
You’re going to want a tax write off so don’t pay in cash. And your contractor doesn’t want to pay taxes so that’s why he wants cash. It’s a win for your contractor and his workers to pay in cash so they don’t pay any income tax. And a loss for you because you can’t write anything off. Not to mention, many of these people run off with our cash or don’t finish the project. I’d pay more for someone else to do it properly.
@Rene Bee
You’re going to want a tax write off so don’t pay in cash. And your contractor doesn’t want to pay taxes so that’s why he wants cash. It’s a win for your contractor and his workers to pay in cash so they don’t pay any income tax. And a loss for you because you can’t write anything off. Not to mention, many of these people run off with our cash or don’t finish the project. I’d pay more for someone else to do it properly.
I give them 1099's and report it as expenses, part of the rehab. I don't care if they hate that I report it, it's the law. I spent the money on the project and I want to deduct the cost. They can always go work for someone else. What they do on their end is out of my control. They actually, are very unlikely to be audited.
Think of it this way, if one of my contractors did something I get sued for and I don't acknowledge them as existing, by at least issuing 1099's, the judge will have a very funny look on his face when I say "so and so" did it and I can't prove he even exists or that I haven’t acknowledged him to the IRS. Then the case gets sent to the IRS to investigate what I've been doing by not paying employee taxes. They assume that since I didn’t issue 1099’s they must be employees. Don’t get into telling circular tales with the IRS. They will stop believing you at some point.
Granted, that's the worst case scenario, but why open the door to it. I use a lot of cash, I just follow the law and the contractors have to be lawful themselves to stay out of trouble. It's pretty simple.
There are so many reasons to treat it like a business, that it's just not a big deal.@Rene Bee
You’re going to want a tax write off so don’t pay in cash. And your contractor doesn’t want to pay taxes so that’s why he wants cash. It’s a win for your contractor and his workers to pay in cash so they don’t pay any income tax. And a loss for you because you can’t write anything off. Not to mention, many of these people run off with our cash or don’t finish the project. I’d pay more for someone else to do it properly.
I give them 1099's and report it as expenses, part of the rehab. I don't care if they hate that I report it, it's the law. I spent the money on the project and I want to deduct the cost. They can always go work for someone else. What they do on their end is out of my control. They actually, are very unlikely to be audited.
Think of it this way, if one of my contractors did something I get sued for and I don't acknowledge them as existing, by at least issuing 1099's, the judge will have a very funny look on his face when I say "so and so" did it and I can't prove he even exists or that I haven’t acknowledged him to the IRS. Then the case gets sent to the IRS to investigate what I've been doing by not paying employee taxes. They assume that since I didn’t issue 1099’s they must be employees. Don’t get into telling circular tales with the IRS. They will stop believing you at some point.
Granted, that's the worst case scenario, but why open the door to it. I use a lot of cash, I just follow the law and the contractors have to be lawful themselves to stay out of trouble. It's pretty simple.
There are so many reasons to treat it like a business, that it's just not a big deal.