Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 3 years ago, 07/24/2021

User Stats

13
Posts
3
Votes
David McPhail
  • Killeen
3
Votes |
13
Posts

Flip house capital gains tax

David McPhail
  • Killeen
Posted
My question is what are my options for capital gains taxes? I am going to sell a flip house and profIt about $30k. Do I roll this into a new flip house, purchase investment property or down payment on the purchase of my own residence? Also I live in Texas?

User Stats

696
Posts
660
Votes
Richard Sherman
  • Rental Property Investor
  • Salem, OR
660
Votes |
696
Posts
Richard Sherman
  • Rental Property Investor
  • Salem, OR
Replied

You need an accountant!  I am not one, but I will give you what I THINK I know.

 Flipping is a BUSINESS and houses are your inventory, so everything you know about 1031s etc DO NOT APPLY.    Now, if you are using the term broadly, that you bought a house, did repairs with the intention of renting it, but saw that prices were high and decided to sell after 1 year, maybe not, you might be able to use 1031 etc.

I would talk to an accountant, will be very worth it for a couple hundred bucks

User Stats

1,239
Posts
1,097
Votes
Michael Ablan
  • Real Estate Broker
  • Watertown, NY
1,097
Votes |
1,239
Posts
Michael Ablan
  • Real Estate Broker
  • Watertown, NY
Replied

Definitely speak with an accountant.  The only way to avoid paying tax on a gain is to 1031 exchange it into a similar property. 

Steadily logo
Steadily
|
Sponsored
America’s best-rated landlord insurance nationwide Quotes online in minutes. Single-family, fix n’ flips, short-term rentals, and more. Great prices.

User Stats

3,926
Posts
4,384
Votes
Jason D.
  • Rental Property Investor
  • St. Petersburg, Fl
4,384
Votes |
3,926
Posts
Jason D.
  • Rental Property Investor
  • St. Petersburg, Fl
Replied
@David McPhail if you're flipping, you pay short term capital gains. There's no way around it.

User Stats

3,681
Posts
3,074
Votes
Ashish Acharya
Tax & Financial Services
Pro Member
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
3,074
Votes |
3,681
Posts
Ashish Acharya
Tax & Financial Services
Pro Member
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
Replied

@David McPhail

@Richard Sherman is absolutely right. 

Flipping does not generate capital gain. It will be an ordinary income taxed at higher rate. 

Upside is that capital gain does not qualify for new 20% “pass through deduction”, but flipping income does. 

What we need to understand is that, unless the profit you generated is used within the flipping activity such as payroll for your acquisition managers or marketing expenses, you will have to pay taxes on the the cash you generated via flipping. 

Yes rolling a profit into another flip house is a cost of the business but it will generate more profit on top the profit you already had assuming it’s a good deal. so you will have more taxable income,  not less as you think.

Using the profit for personal purpose does not decrease your taxable income,ever. 

You will be paying around 40% on taxes. You could have saved 15% self employment taxes after you salary, if you had run your flip via s Corp. 

Yes, you can make this complicated and save taxes, you just need to sit down with your professional. 

business profile image
Investor Friendly CPA®
5.0 stars
208 Reviews

User Stats

8,908
Posts
9,270
Votes
Dave Foster
Professional Services
Pro Member
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
9,270
Votes |
8,908
Posts
Dave Foster
Professional Services
Pro Member
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied

@David McPhail, Yep,  You cannot 1031 if your primary intent in purchasing the property is for resale (fix n flip).  1031 eligible property is property you purchase with the intent to hold for productive investment use.  So you could adjust your model and buy, fix, rent, and evaluate after a bit.  Even through a refinance in the middle so you don't slow your model down much.

Or a very interesting exercise would be to pro forma your taxes at ordinary income with the 20% pass through deduction vs cap gains vs costs of holding and 1031ing.

  • Dave Foster
business profile image
The 1031 Investor
5.0 stars
85 Reviews

User Stats

2,905
Posts
3,670
Votes
Linda Weygant
Pro Member
  • Investor and CPA
  • Arvada, CO
3,670
Votes |
2,905
Posts
Linda Weygant
Pro Member
  • Investor and CPA
  • Arvada, CO
Replied

Once more for the people in the back...

FLIPPING IS ORDINARY INCOME, NOT CAPITAL GAINS.  There are a few exceptions when intent to hold may come into play, but by and large, your flipping income is going to be subject to ordinary income tax and probably self employment tax.

It's not capital gains and you don't get out of the tax through 1031 or investing in something new or anything else.  It doesn't matter if you hold it more or less than a year.

The IRS does not care if you buy a house, fix it up and sell it or you buy bread, lunch meat and mayonnaise and sell sandwiches.  To them, it is the exact same business model.  You are simply buying and selling improved inventory.

According to the IRS, flipping is NOT investing.  For the most part, you have just bought yourself a job, whether you're swinging the hammer yourself or supervising the hammer swingers.

User Stats

53
Posts
23
Votes
Yasuha J. Dorce
  • Realtor
  • Miami, FL
23
Votes |
53
Posts
Yasuha J. Dorce
  • Realtor
  • Miami, FL
Replied
Originally posted by @Linda Weygant:

Once more for the people in the back...

FLIPPING IS ORDINARY INCOME, NOT CAPITAL GAINS.  There are a few exceptions when intent to hold may come into play, but...

 Real helpful thanks Linda. 

User Stats

8,001
Posts
3,546
Votes
Basit Siddiqi
Tax & Financial Services
Pro Member
#1 Classifieds Contributor
  • Accountant
  • New York, NY
3,546
Votes |
8,001
Posts
Basit Siddiqi
Tax & Financial Services
Pro Member
#1 Classifieds Contributor
  • Accountant
  • New York, NY
Replied

@David McPhail

As others have mentioned.

Flipping, the act of buying a property with the intent of selling it in the near future is considered ordinary income and not capital gain. You will not receive a preferential tax rate on the income and will be taxed at your marginal tax rate. 
The good thing is that you live in Texas and as long as the flipped property is also in Texas that you will pay no state income tax.

business profile image
Basit Siddiqi CPA
4.9 stars
69 Reviews

User Stats

4
Posts
0
Votes
Jerod Howard
  • Contractor
  • Albany, LA
0
Votes |
4
Posts
Jerod Howard
  • Contractor
  • Albany, LA
Replied

so can I build sell,  use profit to build and sell,  then dump all the proceeds into a rental ?

User Stats

45
Posts
27
Votes
Ana Klein
  • Accountant
  • Milwaukee, WI
27
Votes |
45
Posts
Ana Klein
  • Accountant
  • Milwaukee, WI
Replied

@Linda Weygant your post on point! NOT capital gains

User Stats

5,002
Posts
5,818
Votes
Michael Plaks
Pro Member
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
5,818
Votes |
5,002
Posts
Michael Plaks
Pro Member
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
Replied
Originally posted by @Jerod Howard:

so can I build sell,  use profit to build and sell,  then dump all the proceeds into a rental ?

Yes, you can. But the profit from selling your builds will be taxable as ordinary income + self-employment tax. Whatever is left can be invested in rentals.

  • Michael Plaks
  • User Stats

    13
    Posts
    4
    Votes
    Brandon Borchers
    • Flipper/Rehabber
    • Hoquiam, WA
    4
    Votes |
    13
    Posts
    Brandon Borchers
    • Flipper/Rehabber
    • Hoquiam, WA
    Replied

    @Basit Siddiqi

    I understand from the many comments, flipping is business income listed on Schedule c. For some reason I cannot figure out, I have no idea where to enter this income on the schedule.

    Here is the breakdown. I owned a SFR in my single member LLC. I owned this property for 17 months. I did not receive a 1099S from the title company, but do know I need to report this. Do I enter this as "other self employed income (1099k, cash, check). Or would I enter this as sale of business property? Or maybe somewhere else. Would entering my gross proceeds, which I could essentially pull from my hud 1, work as a reference?

    Or am I totally off base?

    I am using Turbo tax and know I should have a CPA. Sorry.

    CLOSED Title logo
    CLOSED Title
    |
    Sponsored
    CLOSED Title is the Investor Friendly Title Company CLOSED Title, founded by real estate investors. Double closings, assignments, we do it all.

    User Stats

    8,001
    Posts
    3,546
    Votes
    Basit Siddiqi
    Tax & Financial Services
    Pro Member
    #1 Classifieds Contributor
    • Accountant
    • New York, NY
    3,546
    Votes |
    8,001
    Posts
    Basit Siddiqi
    Tax & Financial Services
    Pro Member
    #1 Classifieds Contributor
    • Accountant
    • New York, NY
    Replied
    Originally posted by @Brandon Borchers:

    @Basit Siddiqi

    I understand from the many comments, flipping is business income listed on Schedule c. For some reason I cannot figure out, I have no idea where to enter this income on the schedule.

    Here is the breakdown. I owned a SFR in my single member LLC. I owned this property for 17 months. I did not receive a 1099S from the title company, but do know I need to report this. Do I enter this as "other self employed income (1099k, cash, check). Or would I enter this as sale of business property? Or maybe somewhere else. Would entering my gross proceeds, which I could essentially pull from my hud 1, work as a reference?

    Or am I totally off base?

    I am using Turbo tax and know I should have a CPA. Sorry.

    I just took a look at schedule C and I didn't see a line that you referenced "other self-employed income(1099K, cash or check)" but yes flips do get reported on schedule C. Flipping is a unique activity for tax purposes since the houses are considered "inventory".

    I think Turbotax does have a customer support chat/phone call for you to ask your questions.

    business profile image
    Basit Siddiqi CPA
    4.9 stars
    69 Reviews

    User Stats

    13
    Posts
    4
    Votes
    Brandon Borchers
    • Flipper/Rehabber
    • Hoquiam, WA
    4
    Votes |
    13
    Posts
    Brandon Borchers
    • Flipper/Rehabber
    • Hoquiam, WA
    Replied

    @Basit Siddiqi

    Thanks a lot for looking into that, I was able to get my question answered. Thanks for the quick reply.

    User Stats

    1,323
    Posts
    734
    Votes
    Teri Feeney Styers
    Pro Member
    • Real Estate Agent
    • Grand Junction, CO
    734
    Votes |
    1,323
    Posts
    Teri Feeney Styers
    Pro Member
    • Real Estate Agent
    • Grand Junction, CO
    Replied

    @Basit Siddiqi Not Schedule C - Schedule 1 Line 5. The LLC should have filed its own taxes and passed the income through.

  • Teri Feeney Styers
  • User Stats

    3,635
    Posts
    4,364
    Votes
    Natalie Kolodij
    Tax & Financial Services
    Pro Member
    • Accountant
    • Charlotte, NC
    4,364
    Votes |
    3,635
    Posts
    Natalie Kolodij
    Tax & Financial Services
    Pro Member
    • Accountant
    • Charlotte, NC
    ModeratorReplied
    Originally posted by @Teri Feeney Styers:

    @Basit Siddiqi Not Schedule C - Schedule 1 Line 5. The LLC should have filed its own taxes and passed the income through.

    If it's a single member LLC it goes on his 1040 on schedule C.

    business profile image
    Kolodij Tax & Consulting
    0.0 star
    0 Reviews

    User Stats

    3,635
    Posts
    4,364
    Votes
    Natalie Kolodij
    Tax & Financial Services
    Pro Member
    • Accountant
    • Charlotte, NC
    4,364
    Votes |
    3,635
    Posts
    Natalie Kolodij
    Tax & Financial Services
    Pro Member
    • Accountant
    • Charlotte, NC
    ModeratorReplied
    Originally posted by @Brandon Borchers:

    @Basit Siddiqi

    I understand from the many comments, flipping is business income listed on Schedule c. For some reason I cannot figure out, I have no idea where to enter this income on the schedule.

    Here is the breakdown. I owned a SFR in my single member LLC. I owned this property for 17 months. I did not receive a 1099S from the title company, but do know I need to report this. Do I enter this as "other self employed income (1099k, cash, check). Or would I enter this as sale of business property? Or maybe somewhere else. Would entering my gross proceeds, which I could essentially pull from my hud 1, work as a reference?

    Or am I totally off base?

    I am using Turbo tax and know I should have a CPA. Sorry.

     I don't know how to make turbo tax do the right thing

    But your sales price on the flip is your gross income 

    The cost of the house and all it's renovations and expenses are Cost of goods sold 

    business profile image
    Kolodij Tax & Consulting
    0.0 star
    0 Reviews

    User Stats

    6
    Posts
    0
    Votes
    Matthew Hurst
    • Gainesville, FL
    0
    Votes |
    6
    Posts
    Matthew Hurst
    • Gainesville, FL
    Replied

    Every situation is different - here is some general information on whether selling real property is taxed as capital gains vs ordinary income + self-employment tax.

    There is a 9-factor test.  Apparently it's more complicated than just whether the property was rented.  

    https://www.thetaxadviser.com/...