West U Buyers, Financing Question, Real Estate Accountant

West U Buyers, Financing Question, Real Estate Accountant

Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes

Hi All - 

I've a handful of thoughts/questions so I'll be short and sweet.

I'm currently focused on a couple of select areas in Houston for my motivated sellers search, and one of the areas is West U.  I've gotten good responses to my mailers and I'm about to get a house (lot value) under contract.  I know I'm buying at a great price and will either wholesale or wholetail it but not quite sure on how to go about it.  Was thinking of maybe just driving around or looking on HAR for new builds and emailing the builders?

Second question - I have a scenario for a potential purchase. Basically the guy bought his house a longggg time ago for $20k and wants to sell, and we agree on a $450k sales price. Is there a way to pay him $270k "on paper" so he doesn't get hit with a long term capital gains tax at 15% and then pay him the remaining balance of $180k over time through a consulting agreement or other instrument where he would avoid the tax.  On top of that, could I set my basis at $450k when I sell it? I wouldn't want to do him a favor to avoid tax, but then have my basis be $270k and then I get hit but a huge tax bill when I sell for say $550k, which would wipe out my profits.  Is this above board or is there another way to approach this?

Finally, does anyone in Houston have a good accountant that specialize in real estate?  I'd like to work with someone specializing in real estate that can help me think through scenarios above

Thanks in advance!

Harrison

0Reply
8 views

15 Replies

Jump to latestLatest
  • Real Estate Agent · Houston, TX · Member since 2016 · 6 posts · 1 vote
    9y

    Hi Harrison!

    What condition is his home in? Could it be renovated? 

  • Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes
    9y

    @Garland Harris It would need a full rehab, it's a 2/1 with a nice garage apartment.  I will say though that almost all houses in west U are going for lot value.  

  • Houston, TX · Member since 2016 · 1 post · 0 votes
    9y

    He would pay taxes on consulting income, no?  And then you have a TVM problem as though payments occur over future months (for him, though he may not recognize it) and a higher than 15% incremental tax rate problem (he will probably recognize this one).  Unless you both collude to not report, which may help you find jail, it's best to keep it above board.  Consult with a tax attorney if you're really going to push it, but anyone worth their salt will tell you that you must pay consideration for the property and account for it properly.  There is a probably a reason you're not able to quickly google a way to dodge taxes on real-estate gain > $250K, though that google search may have you end up on whitehouse.gov.

    Think about the audit when you claim "450K cost basis" b/c you paid the former owner a consulting fee matching that cost basis amount -- just coincidentally though guys, honest, and no idea why he failed to report taxable income.  Don't get too greedy.

  • Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes
    9y

    I hear ya, definitely want to do everything above board, and don't want to screw myself over.  Just trying to come up with ideas for him, to help lower my purchase price, but agree, not worth it if it's overly complex and not legal.  I'm thinking the best idea I've heard is just owner financing to spread higs tax liability over time.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    Moderator Note: Deal making is not allowed in the regular forums. Advertising is only allowed in the Marketplace.

  • Accountant · Houston, TX · Member since 2015 · 87 posts · 33 votes
    9y

    @Account Closed Best of luck to you in your investing. The answer to your tax question depends on whether or not it was an investment property for the seller.  If the seller lived in the house for 2 of the previous 5 years, $250k in capital gains is tax free if he is single, and $500k is exempt for those who are married filing jointly.  If the property was held as an investment, then you can structure the sale to save on taxes via owner financing. 

    For any tax question, you should definitely consult with a CPA.  I recommend Kohler and Eyre over at  http://kohlereyrecpas.com/. There are not local to Houston but they are knowledgeable when it comes to tax issues that affect real estate investors.  You can check out the Mark Kohler podcast for additional education on tax and legal issues.

  • Houston, TX · Member since 2017 · 21 posts · 5 votes
    9y

    Newbie question - I see the term "lot value" quite a bit when looking at properties in Houston. Can someone elaborate on what this means?

  • Real Estate Broker/Owner & Property Manager · Sugar Land, TX · Member since 2013 · 660 posts · 459 votes
    9y

    Interesting thread. @Sarah Payne Lot value is the land value not the improved home/dwelling value. 

  • Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes
    9y
    Mindy Jensen thanks! I'll be sure to keep that in mind and thanks for all that you do
  • Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes
    9y
    Sarah P. When I say lot value, I mean the property would sell for the same price if the property had the house on it or if it was completely empty. In west U, people aren't paying 500-600k to live in a 2/1 built a long time ago. They're buying to knock down the house, thus lot value. The house itself is livable, but adds no value to the sales price. At least that's how I think about it.
  • Houston, TX · Member since 2017 · 21 posts · 5 votes
    9y

    @Vijaianand Thirunageswaram Thank you!

    @Account Closed Thank you, this explains why I see it so often in the West U and inner loop area, even when the house still is livable.

  • Real Estate Investor · Houston, TX · Member since 2014 · 173 posts · 128 votes
    9y

    @Account Closed, Not sure what West U you are talking about, but the vast majority of the West University Place most Houstonians know has long ago been torn down and rebuilt with monster homes on tiny lots.  So when you say "almost all houses in west U are going for lot value." that is complete bunk!  Yes, there are still a few old homes but it is definitely the exception.

  • Investor · Houston, TX · Member since 2017 · 28 posts · 6 votes
    9y
    Tom Cooper yea, I meant the old houses it's only a matter of time before they're all gone
  • Katy, TX · Member since 2016 · 34 posts · 20 votes
    9y

    @harrison 

    @Account Closed whats up man, I worker for a builder that has projects in west U, if you still have that house he may buy it from you

Join the conversationCreate a free account to reply, vote on answers and follow this thread.