Capital Gains Tax after Fix N Flip or Partner with Owner

Capital Gains Tax after Fix N Flip or Partner with Owner

Morristown, TN · Member since 2017 · 200 posts · 22 votes

Hi. My parents need to sell there home and I was planning on fix and flipping it for them since I've already been researching all about this investing option and know more about the logistics involved than they do. They owe 189K in equity with an ARV of around 280K. After putting together a Scope of Work, It seems it needs about 50K in repair work, leaving about 35K in profit after 5 percent in selling costs (using no realtors).

I'll be the project manager of the fix and flip, budgeting, planning, and hiring the contractors, as well as financing the rehab part of the loan. Originally, I had intended to simply have them transfer the deed to me subject to the existing financing or simply buy the house from them for what is owed on the house using a short term hard money loan, but the more i think about it, the more it might not be a good idea for any deed transfer. They owned the house for around 10 years, so am I correct in thinking they won't pay an capital gains tax if they sold it themselves? Whereas, if I take the deed before starting the fix and flip, I would be subject to this tax (and possibly self employment tax too) since I'd have the deed for a few months? If this is the case, wouldn't it be better to just partner with my parents so no deed transfers at all and we split the profit?

I like this idea, but I'm not sure a hard money lender would approve a loan application without me taking title? I'd be hard pressed enough to fine one willing to do a rehab only loan. 

How would you guys handle this situation? Should I be added to the deed, or would I still be subject to capital gains since I haven't owned it for 2 years? If the lenders requires my partner or I to have deed, should I have them cosign the loan (I really don't like this idea).

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Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y

@Tim Ivory the best scenario would be have your parents keep the house, fix and sell it, and take the profit. Your parents will be exempt from capital gains, you would pay short term capital gains if you took title and resold.

Now, about the "deal"....

A hard money lender probably wont fund the project because it is owner occupied. The loan would most certainly have to be in their name as well.

You would need to get an unsecured loan, such as a personal loan or line of credit. If you have great credit and income, not a problem, but if not, that could be a hurdle.

It may be easier for them to do some fixes themselves and you find a deal outside the family. But if you can make it work, it could be good practice and less risk if something goes wrong.

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  • Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Tim Ivory the best scenario would be have your parents keep the house, fix and sell it, and take the profit. Your parents will be exempt from capital gains, you would pay short term capital gains if you took title and resold.

    Now, about the "deal"....

    A hard money lender probably wont fund the project because it is owner occupied. The loan would most certainly have to be in their name as well.

    You would need to get an unsecured loan, such as a personal loan or line of credit. If you have great credit and income, not a problem, but if not, that could be a hurdle.

    It may be easier for them to do some fixes themselves and you find a deal outside the family. But if you can make it work, it could be good practice and less risk if something goes wrong.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    7y
    Originally posted by @Tim Ivory:

    Hi. My parents need to sell there home and I was planning on fix and flipping it for them since I've already been researching all about this investing option and know more about the logistics involved than they do. They owe 189K in equity with an ARV of around 280K. After putting together a Scope of Work, It seems it needs about 50K in repair work, leaving about 35K in profit after 5 percent in selling costs (using no realtors).

    I'll be the project manager of the fix and flip, budgeting, planning, and hiring the contractors, as well as financing the rehab part of the loan. Originally, I had intended to simply have them transfer the deed to me subject to the existing financing or simply buy the house from them for what is owed on the house using a short term hard money loan, but the more i think about it, the more it might not be a good idea for any deed transfer. They owned the house for around 10 years, so am I correct in thinking they won't pay an capital gains tax if they sold it themselves? Whereas, if I take the deed before starting the fix and flip, I would be subject to this tax (and possibly self employment tax too) since I'd have the deed for a few months? If this is the case, wouldn't it be better to just partner with my parents so no deed transfers at all and we split the profit?

    I like this idea, but I'm not sure a hard money lender would approve a loan application without me taking title? I'd be hard pressed enough to fine one willing to do a rehab only loan. 

    How would you guys handle this situation? Should I be added to the deed, or would I still be subject to capital gains since I haven't owned it for 2 years? If the lenders requires my partner or I to have deed, should I have them cosign the loan (I really don't like this idea).

     I agree with Jason, but you might be paying SE taxes on top of ordinary taxes as ordinary income( not short term capital gains). 

    If you want to walk out with maximum possible cash-

    1) You parents should sell the house. 

    2) After they sell it, they can just gift you the money that you guys agreed upon. There will be no gift tax consequences if they have not gifted more than 22M throughout their life. 

    As far as repair money, Your parents can just pull out home equity line of credit on the house. They have enough equity to fund the repairs. The interest will be more than half compared to HML, and they will be easily get approved.

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  • Morristown, TN · Member since 2017 · 200 posts · 22 votes
    7y

    Thanks guys! I pretty much came to this conclusion after making the thread but now I'm much more confident this is the way to go - I'll suggest they keep the house and take out a home equity line of credit while I act as a the project manager so to speak for a cut.

    It's good no one will pay capital gains tax, but what kind of tax can I anticipate for either of us in the state of TN (even a rough estimate would be helpful)?

    1. How much is normal tax after the sale goes through, if any.

    2. Having been gifted the money, when and how much do I pay taxes?

    I realize these are pretty specific questions and I should probably pay someone for there valuable time, so I understand if you guys won't go to far into details and specifics. Bare with though, I hope to read a book or two all about these sort of things,  but for the time being, I think I should focus on making money, not saving non existent money, lol. Cheers!

  • Morristown, TN · Member since 2017 · 200 posts · 22 votes
    7y

    It also occurred to me, couldn't I do a 1031 exchange to avoid the capital gains tax? I'm still keeping option B on the table:

    1. Get HML, buy house, rehab, pay the taxes, gain experience.

    I'd want to use the profit as downpayment on a multiplex with atleast four doors, so having the cash in my bank account isn't necessary.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    7y

    @Tim Ivory, Sorry more bad news.  1031 is only an option for properties you have purchased with the intent of holding for productive use.  You'd be buying this with the primary intent of selling (fix n flip) so it wouldn't be eligible for a 1031.

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  • Flipper/Rehabber · Las Vegas, NV · Member since 2018 · 18 posts · 2 votes
    7y

    @Jason D.

    I’m in a similar situation with a little twist, if you can also help me out :)

    My in-laws and I have agreed that I will personally fund 50K to rehab their single family house. ARV is 600K. Upon sale of the house, they will keep 400K and I will keep remaining profit. The house has been their personal primary residence for 30+ years.

    1) Assuming they are exempt from paying capital gains up to 500K, and assuming the house sells for 600K (to which they will then give me 200K), how does their long term capital gains affect my portion?

    2) The rehab money is coming from My LLC (taxed as an S-Corp) to pay the contractor. Would I be able to deduct business expenses and conduct write-offs (i.e. rehab costs) despite the fact I didn't "purchase" the property, but rather I just contributed the funds?

    Thanks!

  • Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Chris Cabanilla yours is a little more complicated. I think a CPA could probably better answer those questions for you. I'd hate for you to act on incorrect information.

  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    7y

    @Chris Cabanilla,

    Capital gains taxes are not based on the sale price but rather on the net profit of the sale of the house.  How much did your parents pay for the house initially.  How much did they pay for improvements during the time they owned the property.  How  much will be paid in selling expenses?  Subtract the sum of these numbers from the contract sale price and you have their profit.  If this number is $500K or less, then there won't be any long term capital gain.  Any amount exceeding $500K will be taxed as a long term capital gain.

    Suggest your LLC loan your parents the $50K for improvements, then have them payoff the loan from your LLC from the proceeds of the sale, with no tax implication for either you or your parents. After the sale has closed, let your parents GIFT you $150 K, or the amount of the net sale proceeds that exceeds $450K if the house sold for less than $600K. If they give you the money as a gift, there is no income tax consequence either, although the IRS will require an information gift tax return.

    When you run all this by your local CPA or family practice attorney, ask whether there will be any state gift tax on the amount gifted. 

    Disclaimer:  I am not a CPA nor an attorney.  

  • Flipper/Rehabber · Las Vegas, NV · Member since 2018 · 18 posts · 2 votes
    7y

    @Dave Toelkes

    Wow, thank you for the detailed response. It was very helpful. Appreciate you!

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