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All Forum Posts by: Brian Poppleton

Brian Poppleton has started 0 posts and replied 28 times.

Post: When to transfer title to LLC

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

Best thing is to check with attorney. My attorney told me in 30 yrs he has never seen bank enact due on sale clause but he has seen multiple landlords get sued without LLC protection. A lot of investors will buy home in their personal name to get better financing and then switch the title to LLC soon after closing.

Post: First time forming an LLC

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

To just form an LLC you should be able to figure it out. If your purpose is for legal protection I would consult an attorney. They will be able to draft everything to be legally sound.

Post: Orange County Investing

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

Hi Maggie, there are great ways to make money in expensive ca markets. Find ways to make the expensiveness work in your favor. Check out building an ADU(accessory dwelling unit).

Post: Getting a GC license as an Owner builder

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

Hi David

How has it gone getting the GC? I have the same issue, I have been CPA for a while but now(thanks to RE investing) I sold my practice and pursuing construction/RE full time. I see the same value in getting license to be more legit in the eyes of investors, banks, and also I would like to build some ADUs/rentals for others.. The only verified experience I have over the last 10 yrs is 1 owner built ADU. I have few years working under GC but it was more than 10 years ago. One way of making it work would be to partner with GC in a corporation. you can google RMO or RME. Basically they would become shareholder or officer in business until you have the experience documented. They would probably want to be paid. I would love to chat sometime.

Brian 

Post: Buying Property without LLC

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

There are no direct tax benefits to owning real estate through an LLC except less audit risk (if you file partnership return)


here is a good video that explains why it is good to own property through LLC vs just having insurance.

Post: Schedule C for Airbnb Income

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7

Thanks Steven.  That could be a good planning opportunity for the right person.  

Post: Schedule C for Airbnb Income

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7
Originally posted by @Natalie Kolodij:

Air BNB only goes on Schedule C if it's both under 7 days average AND you're providing substantial services like a hotel (meals, daily cleaning, room service)

Hello Natalie, thanks for the info.  If someone does qualify to report their vacation rental on Sch C, could they use a cost segregation to wipe out other active income and not be a real estate professional?  if so it could make providing substantial services worth while.  

Post: Bonus Depreciation Advice

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7
Originally posted by @Eamonn McElroy:

@Brian Poppleton

"Any line item on an invoice under $2500 can be classified as repair. If it is over $2,500 it could still be a repair but would actually have to be a repair and not improvement."

Brian, as I mentioned in another thread, the DMSH is applied to the conceptual "unit of property" and not to line items on an invoice.

Please take time to learn the tangible property regs.  You're giving incorrect advice that DIYers may rely on, subjecting them to interest, penalties, and corrective professional fees in the future.

Eamonn, thanks for clearing that up.  You are correct, just because something has a separate line item on an invoice doesn't make it a separate item or unit of property.  There are anti abuse rules.  

The point I am trying to make (and I am sure you would agree) is to raise awareness that after a renovation is done there should be an analysis to see what can legally be expensed rather than capitalized.  A lot of CPA's will just capitalize the whole renovation and the taxpayer will overpay their tax. What I should have said is "make sure an analysis gets done after your renovation to determine what amounts can be expensed as repairs vs capitalized" and leave confusing specific out.  

Post: Tax Deduction Question for New Windows

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7
Originally posted by @Joe Splitrock:
Originally posted by @Brian Poppleton:
Originally posted by @Natalie Kolodij:
Originally posted by @Brian Poppleton:

You would write off the total 12k purchase price disregarding the loan.  

The new tax code increased what is called the "diminimus safe harbor" to $2,500. This means any improvement you do that is less than $2,500 can be classified as repair and expensed in first year. Possibly the 12k total cost can be broken into chunks less than $2,500. Depends how it was invoiced. Then you can get the full write off the first year. Otherwise you would get about $400 deduction a year (vs $12,000 upfront).    Run this by a good CPA and they can save you some money.

This isn't the correct way to apply this safe harbor as mentioned below. It doesn't depend how it was invoiced- it depends on the actual renovation. 

Thanks for pointing that out.  In your experience what kind of documentation does an auditor want to see to show that specific items of a renovation are under $2,500 and qualify for safe harbor?  

Say someone pays for 12 windows to be replaced.  Each window costs $1,000.  if the invoice lists each window on a separate line item for $1,000 each and total $12,000.  Would an auditor accept this as proper documentation to use safe harbor?  What other documentation might be needed?

 I am not an accountant, but I am a logical thinker. If you could do what you are saying, you could rehab an entire house and as long as each line item didn't exceed $2500, you could claim safe harbor. If that is what they intended in the law, why would there be any limit in the first place? Everyone would just ask their supplier to break out every invoice into line items that don't exceed $2500. 

This seems pretty transparent and risky.

Hello Joe.  Thanks for your response.  here is some food for thought.  

Most of us CPA's are naturally logical, right brain, linear thinkers.  The problem is that the tax code was written by lawyers that are left brain non linear thinkers.  Different parts of different codes sections all apply simultaneously on one tax position.  Hard for us right brain thinkers to get our heads around.  Also every single word in the law counts.  Us CPA's are good with numbers and not always words.    

I am glad you are looking at what the intention of the law.  To me it looks like the policy makers want to incentivize real estate investors more than before.  Look at tax benefits of 100% bonus depreciation combined with cost segregation.  I look at the de minims being upped from 500 to 2500 as another government incentive to be a real estate investor.  

It would be nice to expense a whole renovation as repairs.  In theory it is possible but, in my opinion, not likely to be pulled off legit.  The IRS has anti abuse rules.  Sec. 1.263(a)-1(f)(6)

In Notice 2015-82 https://www.irs.gov/businesses... it states "you may use the safe harbor to deduct amounts up to $2,500 ($500 prior to 1-1-2016) per invoice or item (as substantiated by invoice)."    What constitutes an item?  Does anyone have any IRS guidance or court cases that explains the definition of an item?  Can one window be one item?  

Also check out  https://www.therealestatecpa.c...

At  the end of the day, the point I am trying to make, is to make sure your CPA at least is looking at all renovations and pulling out everything that legally can be expensed.  If they tell you it all has to be capitalized without even looking at it, they are costing you a lot more than their fee.  

Post: Tax Deduction Question for New Windows

Brian PoppletonPosted
  • Accountant
  • Vista California
  • Posts 29
  • Votes 7
Originally posted by @Natalie Kolodij:
Originally posted by @Brian Poppleton:

You would write off the total 12k purchase price disregarding the loan.  

The new tax code increased what is called the "diminimus safe harbor" to $2,500. This means any improvement you do that is less than $2,500 can be classified as repair and expensed in first year. Possibly the 12k total cost can be broken into chunks less than $2,500. Depends how it was invoiced. Then you can get the full write off the first year. Otherwise you would get about $400 deduction a year (vs $12,000 upfront).    Run this by a good CPA and they can save you some money.

This isn't the correct way to apply this safe harbor as mentioned below. It doesn't depend how it was invoiced- it depends on the actual renovation. 

Thanks for pointing that out.  In your experience what kind of documentation does an auditor want to see to show that specific items of a renovation are under $2,500 and qualify for safe harbor?  

Say someone pays for 12 windows to be replaced.  Each window costs $1,000.  if the invoice lists each window on a separate line item for $1,000 each and total $12,000.  Would an auditor accept this as proper documentation to use safe harbor?  What other documentation might be needed?