Tax implications of "Investor" vs "Dealer"

Tax implications of "Investor" vs "Dealer"

Member since 2019 · 1 post · 1 vote

I have house hacked a few times now where we buy a foreclosure, renovate, then sell a house at the two year mark so taxes have not been an issue. We now want to flip a house on the side, outside of our primary residence. My wife and I both have 9 to 5 jobs and this is just a project and is in no way a business for us. We would only be flipping one house within a calendar year.

If we only flip one house, say in six months, within a calendar year, would I be able to file my gains as an "investor" and avoid the additional FICA taxes that come along with being classified as a "dealer"? I understand that I would be paying the income tax rates, but since this is not a business or job for us, and more along the lines of a hobby, I would like to avoid the additional 16ish% that comes along with the self-employment tax.

I have looked through many resources and can't seem to find a straight forward answer. Any help would be appreciated.

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
3y

@Derek Whitener A flip is ordinary income either way, subject to the self employment tax.

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  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Derek Whitener:

    I have house hacked a few times now where we buy a foreclosure, renovate, then sell a house at the two year mark so taxes have not been an issue. We now want to flip a house on the side, outside of our primary residence. My wife and I both have 9 to 5 jobs and this is just a project and is in no way a business for us. We would only be flipping one house within a calendar year.

    If we only flip one house, say in six months, within a calendar year, would I be able to file my gains as an "investor" and avoid the additional FICA taxes that come along with being classified as a "dealer"? I understand that I would be paying the income tax rates, but since this is not a business or job for us, and more along the lines of a hobby, I would like to avoid the additional 16ish% that comes along with the self-employment tax.

    I have looked through many resources and can't seem to find a straight forward answer. Any help would be appreciated.

    I suggest you take a quick look at 


    Tax rules for real estate professionals
    https://www.aicpa-cima.com/res...
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    3y

    @Derek Whitener A flip is ordinary income either way, subject to the self employment tax.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    3y
    Quote from @Derek Whitener:

    I have house hacked a few times now where we buy a foreclosure, renovate, then sell a house at the two year mark so taxes have not been an issue. We now want to flip a house on the side, outside of our primary residence. My wife and I both have 9 to 5 jobs and this is just a project and is in no way a business for us. We would only be flipping one house within a calendar year.

    If we only flip one house, say in six months, within a calendar year, would I be able to file my gains as an "investor" and avoid the additional FICA taxes that come along with being classified as a "dealer"? I understand that I would be paying the income tax rates, but since this is not a business or job for us, and more along the lines of a hobby, I would like to avoid the additional 16ish% that comes along with the self-employment tax.

    I have looked through many resources and can't seem to find a straight forward answer. Any help would be appreciated.

    If you do one flip, then you might be able to avoid the SE taxes. 

    If not, talk to your tax advisor to help you avoid the SE Taxes. 

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  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    3y

    There is a court case where a taxpayer sold one house and the IRS reclassified it from a capital asset to ordinary income.

  • Accountant · Edina, MN · Member since 2020 · 172 posts · 97 votes
    3y

    They consider a lot of things when determining how to classify such income. Included in those considerations is frequency of transactions and intent. 1 is arguably few enough to not consider it ordinary but if it's 1 per year and the IRS sees you're doing it mainly to avoid taxes it could cause problems. I agree to meet with a tax planning CPA to discuss options. 

    Are you working with someone @Derek Whitener

  • Accountant · Houston, TX · Member since 2023 · 148 posts · 41 votes
    3y
    Quote from @Derek Whitener:

    I have house hacked a few times now where we buy a foreclosure, renovate, then sell a house at the two year mark so taxes have not been an issue. We now want to flip a house on the side, outside of our primary residence. My wife and I both have 9 to 5 jobs and this is just a project and is in no way a business for us. We would only be flipping one house within a calendar year.

    If we only flip one house, say in six months, within a calendar year, would I be able to file my gains as an "investor" and avoid the additional FICA taxes that come along with being classified as a "dealer"? I understand that I would be paying the income tax rates, but since this is not a business or job for us, and more along the lines of a hobby, I would like to avoid the additional 16ish% that comes along with the self-employment tax.

    I have looked through many resources and can't seem to find a straight forward answer. Any help would be appreciated.


     Yeah it's not just the self-employment tax you need to worry about.

    Going from investor to dealer means those properties are considered inventory and the gains on disposal are now ordinary instead of capital, possibly subject to higher marginal rates.

    I found this:

    https://www.therealestatecpa.com/knowledgebase/avoiding-the-...

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Basit Siddiqi:

    There is a court case where a taxpayer sold one house and the IRS reclassified it from a capital asset to ordinary income.

    I'm full time real estate with no W2. On an audit recently, they did the same thing to me. They changed the status on a house I had sold to ordinary income. I was told I could appeal to the next highest level, but I have enough tax writeoffs and chose not to continue the process. Who knows what the next level would want to change to my disadvantage. ;-) Audits take a lot of your time for preparing and defending. You have to decide what's the best use of your time.
  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y
    Quote from @Account Closed:

    I recommend appeals. First, they cannot raise any NEW issues not considered in exam. In other words, they cannot make it worse for you.

    Second, Appeals officers are far better trained and follow the law as opposed to internal procedures. If you have a strong argument and well prepared, your chances are good,

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Michael Plaks:
    Quote from @Account Closed:

    I recommend appeals. First, they cannot raise any NEW issues not considered in exam. In other words, they cannot make it worse for you.

    Second, Appeals officers are far better trained and follow the law as opposed to internal procedures. If you have a strong argument and well prepared, your chances are good,

    Good to know. But, they can start auditing you annually and who has time for that? 
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