Participating in REI w/out filing 1040

Participating in REI w/out filing 1040

Real Estate Agent · Chicago, IL · Member since 2017 · 75 posts · 37 votes

*Note: this post is intended for investors who actively DO NOT automatically file a 1040 every year, unless they've incurred a tax liability.

I'm wondering what difficulties investors who understand (have read the pertinent details of the tax code) have faced when engaging in investment opportunities that normally require an investor to furnish tax returns, and what solutions have they come up with.

From my experience in banking, I understand that institutional lenders normally require a borrower to furnish yearly personal financial statements and tax returns. I think the latter requirement could be overcome with a letter from the IRS confirming a $0 tax liability for the years requested; however, I haven't seen this scenario unfold as most people never take the time to fully understand the contracts they (don't) enter into.

What are some situations you as an investor have faced that would normally require a tax return that you were able to work around and how so? (maybe it was a syndicated deal, JV, etc?)

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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    8y

    @Blake B.

    If you make money certain amounts like single under 65 years old the magic number is$10,400-over that you must file. Just because you end up with a zero tax liability doesn’t mean you are not required to file a 1040. 

    It is virtually impossible today to get a loan from a bank without tax returns. Bank balances don't seem to matter in today's environment. Unless you have a personal relationship with a bank and they understand you may not file returns each year, it will be very difficult to get a loan from a bank. DTI is key to bank loans today and 1040s supposedly prove it. 10 years ago not a problem. Today next to impossible. LOCs are easier in most cases but not sure it can be done with out tax returns. Non residents may have a way to do it-not sure.

    If you get a loan without the 1040s I would attend a clinic on how you did it. Interesting question. 

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

    @Blake B.

    I am not sure if the IRS will grant you a letter to confirm that you had $0 tax liability without filing a tax return. 

    The IRS allows you to request an account reconciliation for a year which will be what you owned in taxes, paid in taxes and any outstanding debts with them.

    Banks require tax returns because it is their best effort to confirm that you make money to pay off the mortgage in the worst case scenario that the rental becomes vacant.

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