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All Forum Posts by: Brandon Hall

Brandon Hall has started 29 posts and replied 1534 times.

Post: How do you pay yourself?

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

@Bill Gulley is asking questions and trying to learn. There are a large variety of ways business owners pay themselves dependent on their personal situation. It seems to me that Gary just wanted to get a perspective of how people in the real estate world pay themselves (or when they pay themselves). 

He didn't insinuate that he was going to run his future business into the ground. You are also unfairly assuming he is financially illiterate which may or may not be the case but at least he has the courage to ask questions. 

You could have given him details about how you did it when you were starting out. Tell him how you paid yourself. If you reinvested everything into your business, tell him how you survived frugally. That would be much more meaningful and have a greater impact on his future rather than your lashing out as you have done which, by the way, helps absolutely no one.

@Account Closed is right in her statement that you need to issue a 1099 to anyone you have paid more than $600 during the course of the year for services. The purpose of doing so is to cover your butt in case the IRS comes after you and your friend for tax fraud. 

H&R Block is a great place to go, however you need to understand that they pull in temporary help for tax season and some of those people have no prior experience. The burden of accurately reporting your taxes ultimately falls on the taxpayer, so you need to analyze the risk of your own situation.

Speaking with a CPA or an accountant will help you understand exactly what you need to do to get organized. Being organized will save the CPA time, which in turn saves you money. I'd be happy to speak with you further, feel free to PM me.

Post: Name that LLC please..help!!!

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

Was going to say exactly what @Nick Williamson said.

@James A. Why don't you just start with your last name + "Properties."

Abuan Properties, LLC.

It's professional and conveys a serious image.

Post: Entity structure for doing wholesale, rehab flips, and rentals

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

@Bob Yon 

I've never heard of the exact strategy you are speaking of but it is intriguing and I will certainly look into it. Can you provide any more detail?

I disagree with your CPA in that you should use your Consulting LLC to hold rentals and also flip houses. I agree with the comments in that you should separate these different businesses into different entities. The sole purpose is to protect one from the other. If a contractor on your flip is seriously injured, you will want the peace of mind that your "buy-and-hold" properties are protected.

That being said, you don't really need to put your buy-and-hold properties into an LLC. It's often cheaper and less of a hassle to just purchase an umbrella insurance policy.

If you really want that added layer of protection, consider opening up a property management LLC instead of putting your buy-and-hold rentals into a LLC. You would then run all property management activities through the LLC like signing leases, contracting repairs, etc. In theory, if a tenant tried to sue you, they would likely only be able to sue the property management LLC and your buy-and-hold properties would be protected.

Post: Selling shares of LLP to reinvest - tax strategies needed

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

@Bill Exeter Thanks Bill!

@Carolyn L. Let me know if I can provide any assistance.

Post: How has BiggerPockets Helped Your Business?

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

I'm interested to hear about this too, though from a different perspective. How has BP helped others with their professional services business? 

Post: Selling shares of LLP to reinvest - tax strategies needed

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

@Carolyn L. I appreciate the kind words!

Post: Selling shares of LLP to reinvest - tax strategies needed

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

@Carolyn L. 

Selling interests in LLCs and LLPs gets very complicated. This is going to be a long post simply because I want to try to address as many issues as possible. I apologize for the length in advance. 

Prior to addressing the issues, I will say that a 1031 exchange will not be possible if you are selling your interest in the partnership. If you were selling your interest in a specific property, it may be possible, but the IRS specifically precludes a 1031 of partnership interest or stocks and bonds.

On to the complications of selling an interest in an LLC or LLP. The major issue here is that your basis in the LLP is in a constant state of flux. If you buy shares of Apple at $100 per share, your basis is $100 per share. When you buy units in an LLP at $100 per unit, your basis is $100 for a short period of time. An LLP is a pass through entity. When the LLP recognizes income, it is allocated to its members which increases a member's basis in the LLP. The member generally is taxable on it even if the member receives no distribution. On the other hand, when losses are allocated, the member suffers a decrease in basis but may be entitled to deduct a loss. Distributions also reduce the members' basis, offsetting the effect of income allocated on the members' basis. Member contributions increase basis (so if you buy more units, your basis will increase). Often overlooked - liabilities incurred by the LLP are allocated among the members, and each member's share of that debt increases basis, even if such member has no liability on the debt. You should have received an annual "Schedule K-1" from the LLP informing the member of these various adjustments.

LLCs and LLPs also adhere to a "blended" tax basis rule. If you purchase an additional share of Apple now at $200 (you now have two shares - one at $100 and one at $200), and you decide to turn right around and sell that additional share, your cost basis is $200 and you would not recognize a gain or loss. However in an LLP, if you buy an additional unit at $200 (you now have a unit at $100 and a unit at $200) your total interest in the LLP is $300. If you turn right around and sell that unit for $200, you are selling 50% of your interest in the LLP which will realize a cost basis of $150 which means you have a $50 capital gain you must pay tax on. This is likely an unrealistic example but it demonstrates how selling your interest in the LLP can affect you tax wise.

When you sell an interest in a LLP, you may have to recognize ordinary income regardless of how long you have held the units. You will recognize ordinary income on the gain to the extent the gain is attributable to "hot assets" (i.e. inventory items and "unrealized receivables") of the LLP. "Unrealized receivables" basically means items that have not been taxed yet. The remainder of the gain will be taxed as a capital gain at favorable rates.

Generally, the maximum long-term capital gain rate on the sale of LLP interests is 20 percent, however, if the LLP holds depreciable real property, then a 25 percent maximum rate may apply to some of the gain as depreciation recapture.

There are a few more issues that may arise but I'm not sure that you will encounter them. You should consult with an attorney and a tax professional that completely understands your situation prior to making your decision. 

Post: part time agent tax help

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

I am still confused on what you are asking but I think you are trying to get at the tax benefits for being classified as a real estate professional. 

There are three levels of participation in real estate - passive, active, and real estate pro. If you do not materially participate in your real estate activities, you are a passive investor and only your passive losses can offset your passive income. If you materially participate, you are classified as an "active" investor or "real estate professional." To be a real estate professional, you must work at least 750 hours in a real estate capacity and 51% of your total working time for the year must be dedicated to your own real estate activities. If you classify as a real estate professional, you can offset your ordinary income with your real estate tax losses.

Is that what you were asking? 

Post: Does BK discharge promissory note?

Brandon HallPosted
  • CPA
  • Raleigh, NC
  • Posts 1,561
  • Votes 2,286

I believe you can have a lawyer represent you at the meeting of the creditors. Basically, the court will appoint a trustee to represent unsecured creditors. "Unsecured" meaning you don't have a lien on her property (i.e. mortgage, auto-loan, etc.). The trustee will question her about non-exempt property she may own, if she has made any payments to creditors or transferred any money or property prior to her bankruptcy that the trustee can get back to liquidate. 

Debts are broken down by priority. For example - employee wages and taxes due are high priority. High priority debts get paid before low priority debts. Think of it like a tiered system where ALL high priority debts get paid our by non-exempt property liquidation prior to moving down to the next class of claims. 

Unsecured claims are the lowest priority (where I am assuming your note will be placed) which means all of claims of a higher priority nature will be paid out prior to you being paid out. If there is enough money left to pay all unsecured claims in full, then you will be fine. However the likely scenario is that there will be x amount of money left for all unsecured claims which will be divided up by each creditor's pro rata share and distributed likewise.

I am also speaking in terms of a Chapter 7 bankruptcy. If she is co-mingling business and personal liabilities, then a lawyer will likely pierce the corporate veil and render her business entity worthless. At least that's my thought on it. Speak with an attorney.