How do I effevtively distribute properties in a package deal?

How do I effevtively distribute properties in a package deal?

Investor · Miami, FL · Member since 2017 · 30 posts · 6 votes
Hello, I bought ten properties for me and two investor and used my LLC as this was a package deal six properties belong to me, the other four devided amonst two investors. My accountant insist I must have documents outlining the terms of the money (Loan) they gave to me to purchase this deal. I do have a document each signed stating which properties each paid for (paid towards) and also stating that rents would be interest only payment to them further the properties would be transferred to the investors at the end of a year. This would effectively satisfy their entire loan amount to my company. My problem is this, how do I transfer ownership to these owners, by quit claim for $10 or actual cost each paid for the property in the deal? I'm not worried about capital gains as there will be no profit for me in the transfer. Also each month after removing my management fee I transfer rent and property expenses to the investors. One of them insist I pay them the entire amount then he transfer the fee back. Both insist they own real estate and have LLCs that I send the rents to but actually they don't as I'm the one who owns all these properties in my LLC. There are many moving parts here I know so I welcome any advice on how to transfer the properties to my investor and how to best class the rents I give to them, in my taxes. Either as interest payments or 1099 expenses? I wrote this on my phone, I'm in Miami still without power after Hurricane Irma so forgive my error of grammar/punctuation, I'm hot and can't sleep. :-(
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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    @Brian Halstead

    Get someone who has done it before or at least get a CPA and/or attorney to make tax efficient and legal. A title company can also shed light on the transferring of ownership but not tax consequences. Best to have all parties on the same page. 

  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    Holycow you've got yourself into a mess. You really should consult a attorney.

    Generally speaking, not legal advice, your manage fee is just that, a fee, it would fall under income, which is normally taken out before funds are paid to the owners if you where running a PM business, but that's hardly what I'd be conserned about.

    You mentioned that the investors thought they owed the properties, but really you own them in your LLC.

    This is classic fraud as defined by the SEC, and why you need an attorney. The investors could clean your clock faster than it took you to write that post, simply by filing a complaint with th SEC.

    I would have personally housed the properties correctly, with the 4 other properties in a entity of the investors choosing, that they own. 

    I would then put the properties I owned in my own entity.

    That cleans everything up so it where you have described it should be. The investors own the properties they think they own, and your under contract for 1 year to manage their properties.

  • Investor · Miami, FL · Member since 2017 · 30 posts · 6 votes
    9y

    @Levi T. I was afraid someone was going to say SEC. violation my investors and I are pretty tight.

    I also fully disclose this to them they knew I would own the properties initially and was quite ok with

    it. 

    So I am can get a lawyer too as @Carl Fischer suggest it goes both ways. I more concern with the 

    accounting aspects and tax implications.

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