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.
Personal Finance
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 1 year ago,

User Stats

2
Posts
0
Votes
Andrew Nguyen
0
Votes |
2
Posts

Logistics of transitioning primary residence to rental + add partner

Andrew Nguyen
Posted

I own a primary residence in CA that I’ve lived in for >2 years. It has a 30 year fixed mortgage and low interest rate. My sibling/business partner would like to give me X amount for 50% ownership and we transition it into a rental (I am moving, but remaining in CA). I would be using that X amount as downpayment for my next/permanent primary residence. Is there any easy way to do this while avoiding paying taxes on the deal in this moment, and also avoid uncapping the CA property tax rate. For instance structuring the $$ as a gift from him to myself as help for downpayment instead of an official sale.  Assume full trust between us.

Could we start a new LLC and run all the finances (rental income, expenses, taxes, depreciation) through this at 50/50 ownership, then use ‘pass through taxation'. Again, assuming full trust between us; could this be done without adding him to the title, like a handshake deal, or would the CA franchise tax board figure this out and realize a 'transaction' took place and the property taxes need to change. Could this be done without putting the property title under the LLC? Basically just using the LLC for accounting purposes and the liability covered by robust insurance. If we add him to the title or move the title under the LLC, I believe this would uncap the current low tax rate which defeats the purpose.

Loading replies...