Skip to content
×
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
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
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

All Forum Posts by: Alex Duarte

Alex Duarte has started 15 posts and replied 48 times.

Post: Condo House Hacking in OC

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

Hi Jonathan, 

Not sure whether you found a property yet but I have two awesome opportunities coming soon on the market. One is in Fountain Valley and the other is in Santa Ana. Both are great units to house hack, since they have their own entry points to the unit so essentially you would never see the tenant. 

Let's connect if this is something you might be interested in. 

Post: Seller financing and capital gain taxes

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12
Originally posted by @Wayne Brooks:

@Alex Duarte Over time, the life of your seller financed loan....the seller will have the Exact Same amount of taxable capital gain and depreciation recapture.  Spreading it over multiple years May reduce his actual taxes, or it may not, depending on his other income.

 I see what you're saying and that makes sense. Do you know if they have to pay taxes on the total mortgage payment (income for seller) or just the interest rate that is charged for the year? 

Post: Seller financing and capital gain taxes

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12
Originally posted by @Caroline Gerardo:

Owner occupied one person on title they have $250000 deduction, married $500000 this is IRS deduction. So say their gain is $350000 and it is one person that leaves $100000 or less gain after all things are subtracted (commission, improvements...) But if they are 30% tax bracket the IRS tax would be $30000    So we are dealing with a gain of perhaps $280000 - 300000 after the deductions, 6% commission, expenses improvements. It's difficult for you to play the role of their CPA to get the right number unless you are family. 

Original basis:  $400000 selling house for $1,400,000 - commission -84000 - title escrow -5000 - $500000 deduction for married couple = gain of 411000 30% tax on that is about $123,300. So say they carry a note with you for $411000 and charge you 8% second TD over 15 years $3928 monthly payment they will pay income tax on $47136 next year at 30% = $14140

But here is the problem ~ can you qualify for a new first plus that payment on the second? 

You need to know how large their mortgage is, as that has to be settled with cash not a note

They need to have confidence in you that they won't have to pay the cost of foreclosing and they will need to put in the note a prepayment penalty if you sell or refinance in the first five years so they can plan.

They won't net as much cash as they may want to pay cash for their next upleg house.

They will need to pa someone to service the loan

Very great information. I forgot to mention in my original post that this is a rental property and not a primary so they don't have home owners exemption, unfortunately. The main objective for them would be to cash out their rental and just have the cash liquid. No desire in 1031 exchanging. 

Do you have any alternative solutions to something like this?

Post: Seller financing and capital gain taxes

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12
Originally posted by @Joe Homs:

@Alex Duarte your question can best be answered by a CPA, but have they considered a 1031 tax deferred exchange?  If they sell on an installment basis, then they are only taxed on the money that they receive that year is my understanding.

Good Investing...

They did speak to their CPA and they ran the numbers on what they would pay in capital gain taxes if they cashed out. They have no desire in continuing to landlord unfortunately so the only way they would consider unloading this property is if it made sense for them. Thank you for your input.

Post: Orange County REI networking

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

Hey BP community!

My business partner and I were wondering if there were any local meet ups/networking events in Orange County, CA? I'm a top producing realtor in the area and also invest in Real Estate.

I currently have 3 doors, ones a Duplex and the other is a SFR. Both are buy and holds for me. I'd love to chat about my experiences and also brainstorm with other investors to help each other grow.

If there's nothing in the area that's set up already, I'd love to chat about how we can get something going.

Post: Seller financing and capital gain taxes

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

@Caroline Gerardo I'm located in Orange County, CA. I'm trying to see what would be the best way to structure this deal. Owner doesn't want to sell because they will pay nearly $100k in capital gain taxes so I'm trying to get creative here. Thanks for your input!

Post: Seller financing and capital gain taxes

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

Hey BP community!

I've been wondering a bit more about seller financing as of recently (thanks to Pace Morby's ep).

My question is if a person owns a property (rental) and they seller finance instead of selling the property and paying a huge chunk of capital gains, does the fact that they seller finance the deal would that mean they don't pay capital gain taxes?

Post: Section 8 tenant not allowed to pay over fair market rent?

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

@Michael Gansberg I appreciate the insight. It was only a question I wanted to ask to see if anyone's ever dealt with something similar to this. I'm OK with the proposed rents from Sec. 8 since I ran my protections on $1800-1900/mo. I'll be positive cash flow at this rate, so I'm one happy camper nevertheless.

Everyone, I appreciate you all taking the time to respond and chime in. 🙏

Post: Section 8 tenant not allowed to pay over fair market rent?

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

@Susan Maneck Yeah that's what the case worker mentioned since they would flag it as "fraud" for the tenant.

Post: Section 8 tenant not allowed to pay over fair market rent?

Alex DuartePosted
  • Real Estate Agent
  • Orange, CA
  • Posts 50
  • Votes 12

@Scott M. That makes complete sense. That's what the case worker told me. Something to really think about at this point then... the applicant mentioned she has another homeless housing assistance (separate from sec.8) that would be willing to fill in the gap but I don't think sec.8 will allow it.

Has anyone ever had this happen? Where a tenant is wanting to double up on their housing assistance to cover rent?

Yes thats correct for my area. She mentioned for Los Angeles County it would be the same all across the board for sec. 8 as for fair market rent limit.

Does anyone have any idea on incentives? They offered me an additional $1000 up front if I decide to move forward. Do you know if this is negotiable or is this a set price/ incentive per location?