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All Forum Posts by: Tom Server

Tom Server has started 51 posts and replied 113 times.

Post: i need to borrow $50,000

Tom ServerPosted
  • Posts 113
  • Votes 25

would this work.. my brother has 50k to lend me..  He writes me a gift check for 18k, then he writes my mother a gift check for 18k and takes out 14k cash. 

Gives me the 14k cash, 

Deposit the 18k check 

Mother writes me a 18k gift check or she withdrawals and gives me the cash. 

?

Post: i need to borrow $50,000

Tom ServerPosted
  • Posts 113
  • Votes 25

I need to borrow $50,000 from my brother for about 2 weeks. Do I need to report it ?  Or can he give me 3 deposits 

Quote from @Brittany Minocchi:

Depends on whether you're talking about conventional or nonQM financing. Sometimes lenders can do what's called a "float down", where they can adjust your rate if rates have dropped enough (enough being the key here). Usually you need a decrease of .25%+ for that to work. Or if the person you're working with is a broker, and the original lender doesn't offer that option, they can take your file to another investor. Not something I generally like to do because it can hurt the relationship there, but at the end of the day, gotta do right by your borrower. 

Anything you see online can give you an idea, but it can never be 100% accurate. Too many factors go into determining someone's rate, and what you find online will likely just tell you what direction people THINK rates are headed, and national averages. 


What about points? I asked a few lenders for quotes and they all have me buying points
Shows as  2% of loan amount (Points) $3450 at closing 

Post: how to avoid capital gains

Tom ServerPosted
  • Posts 113
  • Votes 25
Quote from @Josh St Laurent:
@Tom Server

 Hello Josh, thanks for the reply. I did not sell the stock yet. The company stocks were purchased with ESPP and RSU thru computershare. I also have company stock thru Voya as a 401k match. With the computershare I could see the blocks of stocks that were purchased from 1999 to 2023. With the Voya 401k it does not show a block of stocks but just a amount of shares. 

Well, that opens Pandora's box when it comes to tax consequences/strategy.  I'll double down on talking to a CPA because this is absolutely a situation where if you're strategic it'll make a world of difference.  I'll try to be helpful and concise here without being too long-winded...

ESPP - Typically you buy this at a discount (Usually 15%) typically you get beneficial tax treatment on the discount and won't have to pay income tax on it as long as you hold it for their required holding period. (Usually 2 years from the offering date and 1 year from the purchase date).  If you meet the holding period you will only pay LTCG (long-term capital gains) on any growth.

RSUs - A bit simpler, when your RSU shares vest they will move into your brokerage account and that will trigger income tax on the value of the shares.  Essentially at that moment you own them outright and could sell them without additional tax.  Now that you've been holding them what you have to think about is how long you've owned them.  If it has been over a year you would only need to pay LTCG (15% for most) ONLY on the gains since your shares vested.

Stock in 401k - Believe it or not, this may be the most complicated holding you have.  Shares in a 401k are not usually shares, typically they are what's called a Unitized Stock Fund.  If you no longer work for the company you can take advantage of a concept called NUA (Net Unrealized Appreciation).  This involves rolling your shares from your 401k into a brokerage account (Taxable event and potentially a 10% penalty if you're under 59.5 y/o).  Here is where the strategy comes in:

When you move 401k stocks to a brokerage account via an NUA transaction, you pay income tax on the cost basis (And maybe a 10% penalty) but NOT on the gains until you sell.  When you do sell you'll pay LTCG on the growth EVEN IF you haven't held it in that brokerage for a year.  This type of strategy works really well for people who worked at a company for a long time and whose stock did incredibly well.

These are concepts even financial advisors get tripped up on so feel free to clarify anything that doesn't make sense or if you want to give more specifics I can give examples and math.


Josh thank you for taking the time to explain the different options. Yes I've been at the company for for 24 years and yes had the shares do well over the course of the 24 years. I started purchasing the stock in 1999 for around 50 dollars a share and it had a high of 230 a share about 2 years ago..Now its currently at 154 mark.. 

I left this job 2 years ago and just now rolling over the 401k funds over to my new companies 401k account. I still kept the stock portion of the 401k in the old account.. Just cause the stock dropped a lot over the course of the last 2 years. When I look at the stocks in the 401k account, I don't see a cost basis??.. i just see the total amount of shares and the value of it. Maybe I need to do some more digging. 

In my companies stock account I do see all the different buckets of prices I purchased the stock at. 

To really get a understanding of the situation.. It just happened that im in the process of purchasing 2 properties this month. 1 is a rehab, that I plan on keeping for my self for a bit then selling.. the other is an invest property non owner occupied thats a 3 family

The rehab I need to purchase out cash 105k and another 15k-20k to repair

The rental property I need to put 25% down and closing is around 70k


So I need 175k to purchase and another 30k to repair both properties 

I have 90k in liquid in a savings account,  230k in a 401k made up of the funds and stock 

and about 330k in my companies stock account..

My plan was and not sure if this is the smartest way .. hence why I'm asking here!

90k liquid + 50k 401k loan + 35k sell company stock ...the other 30k to repair maybe HEL or LOC

I made an error thinking i could borrow up to 50% of my 401k but found out it maxed 50k so now i have to sell the stock to make up the differences 

There other issue is the repayment of the 401k its has to be paid back to myself in 5 years. 

So the other idea is after everything is said and done.. take a loan out repay 50k and rebuy the stock.. and have like a 10 or 15 year loan to pay it back

Thank you for listening 

Post: how to avoid capital gains

Tom ServerPosted
  • Posts 113
  • Votes 25
Quote from @Benjamin Stickler:

If you have enough stock that you don't need to sell all of it you could try to find a brokerage(you would have to transfer the stock to the brokerage)/bank willing to loan you money on the portfolio.  Of course with today's interest rates that may make your deal less appealing.


 Yeah i think it was around 12% if I remember correctly. 

Post: how to avoid capital gains

Tom ServerPosted
  • Posts 113
  • Votes 25
Quote from @Josh St Laurent:
Quote from @Tom Server:

Is there any way to avoid capital gains on selling company stock? Or counter some of the taxes??  It's purchased thru Computershare site. I needed the money to use towards a downpayment of an investment property.  I'm 43 years old 


 Hey Tom, glad you asked because there are a few ways to offset capital gains from selling company stock.  Ultimately I'm not a CPA or EA and it would be best to consult someone who is.  With that being said, a few clarifying questions that'll make a difference at tax time.

- It seems like you already sold the shares, is this the case?  If so, how long did you own them? (More than or less than 1 year)
- Were/are the shares from a stock purchase program like ESPP, RSU, ESOP, or something of the like, or were the shares just in a brokerage account at Computershare?

These 2 points will help me give more pointed suggestions for what you're up against because the tax rules all can be slightly different.  Here are a few high-level possibilities to consider.

- Capital losses can offset gains (Short term offsets short-term and long-term offsets long-term)
- Tax loss harvesting - If you have other investments (At a loss) sometimes you're able to sell them and offset your gain
- Charitable giving
- Paper losses from your investment property

With some more information, we can hone in on which options would be applicable for you.

Hope this helps!


 Hello Josh, thanks for the reply. I did not sell the stock yet. The company stocks were purchased with ESPP and RSU thru computershare. I also have company stock thru Voya as a 401k match. With the computershare I could see the blocks of stocks that were purchased from 1999 to 2023. With the Voya 401k it does not show a block of stocks but just a amount of shares. 

Post: how to avoid capital gains

Tom ServerPosted
  • Posts 113
  • Votes 25

Is there any way to avoid capital gains on selling company stock? Or counter some of the taxes??  It's purchased thru Computershare site. I needed the money to use towards a downpayment of an investment property.  I'm 43 years old 

Quote from @Robin Simon:

Its going to vary for so on private lenders/Non-QM or DSCR from lender to lender and more than conventional which is more standard among lenders.

https://www.mortgagenewsdaily.com/ is a good resource for generally daily/weekly moves in mortgage rates in general

https://www.google.com/finance/quote/FVX:INDEXCBOE?sa=X&... The 5-Year Treasury rate is generally the right benchmark for non-owner occupied Non-QM (assuming thats the direction you are in) - and rates will generally move in concert.

I'd be happy to look at your scenario and let you know opinion on if its in line with current rates - that being said, economic data has been brutal this week and yields have risen every day, so its unlikely that rates have gotten better since you locked in last week (if you got a true rate lock)


 thank you for the information

How can i see what rates are from investment property purchases?  Im in the middle of buying a no owner occupied triplex and my lender locked  in about last week..  i keep seeing stuff online about rates are dropping. I asked him about it and said something about rates dropped 3 days ago  and got the low rate. Im just curious to see what its at now. I think i locked at 7.6% and paid like 3k in points and also saw 8.0% apr on contract

If i asked what the rates are at now does he have to tell me. I always feel like he beats around the bush when i ask..

Quote from @Jacob Sherman:

should consult with local real estate attorney or property manager and they will advise the best way to do it 


 Thanks Jacob