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All Forum Posts by: Bruce D. Kowal

Bruce D. Kowal has started 23 posts and replied 242 times.

Post: Tax structure for Canadians buying US properties

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

Lots of questions on this.  A quick search turns up a lot of on-point material.  Such as this:  Investing in US Real Estate after the TCJA

You would be better informed to learn from these types of webinars, than a casual, off the cuff remark on BP.   Just stating the obvious.

Post: Well it finally happened... one of my tenants got arrested

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

Maybe have a talk with Dept of Social Services, or whatever it's called in the Town.  Are there any laws on this?   Maybe there are duties and obligations about which you are unfamiliar.  Nobody likes surprises, right?  You are a target, a Deeper Pocket.  What if the Wife is persuaded by a Legal Aid lawyer to sue you?  Just sayin' . . . .Watch your Six.

Post: Rent distribution to partner. What expense is it

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

I am glad to give general advice, and refer to authoritative pronouncements in a public forum, but not doing hypotheticals.  If you are getting some value, how about a vote?

Post: Rent distribution to partner. What expense is it

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

If the other person were his Wife, he would check the Box for Qualified Joint Venture on Sch E.  And that would be the end of it.  To your point, how to report.  I have my own thoughts on the matter, to be sure.  In the end, as long as IRS, on the whole, is not shortchanged, whatever method you choose should be OK.  In any event, the IRS has three years from date of filing to exam a tax return.  Six years in case of a >20% understatement of income.

Post: Rent distribution to partner. What expense is it

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150
Quote from @HJ Wang:
Quote from @Eddie L.:
Quote from @HJ Wang:
Quote from @Eddie L.:
Quote from @HJ Wang:
Quote from @Ashish Acharya:

You are doing it wrong. You don't send 1099s for rent to your partner. It is not an expense. 

This is a distribution to a partner and you need to file a partnership return. 


 Oops. i shouldve asked before i send 1099...


 so... has this 1099 been filed with the IRS?


 Unfortunately yes… will it be a problem if I just use schedule E? Since we reported all income and loss

1. Define "partner". Did you set up a business entity such as a LLC or LLP or others? Is there a partnership agreement in place? Is this just a tenancy in common?

2. Should probably file a corrected 1099 showing zero income issued to your "partner".

3. In either case, I think you'll be reporting on schedule e.


 Its tenancy in common. We both reporting on schedule e. I report all income from rent minus expenses minus my distribution to my partner on 1099. She just report 1099 as income and no other expense. We both take 50% of the depreciation of the house. So theoretically, its the same tax as if we do it as partner?

Be aware that if you file a Partnership tax return, the §1031 tax free exchange will not be available to you for this property.  At least that's how I understand the rules.   See Rev. Proc. 2002-22

Post: Can I do a 1031 exchange and go into a joint ownership deal?

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

Here's a good online resource:  Tenants in Common

and this on IRS Rev Proc 2002-22  Sec 1031 Exchanges and TIC

You need to be very careful when around TIC's and not let the structure be deemed a Partnership. A Partnership is the kiss of death for §1031 exchanges. Tread carefully. A real trap for the unwary.

Post: Realtor LLC tax question

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150
Quote from @Matt Keller:

I'm a realtor in California. I recently filed an LLC to save money on self employment taxes by creating an S Corp. The LLC should be done in around 20 days.

I have two transactions that have just closed and a third one that's pending. One of the commissions has already been sent via ACH transfer to my account from my broker but hasn't delivered yet. The second commission check is in the mail on the way to my broker. The third deal that's pending will close in mid April.

I have several questions. The first is if I'm paid these commissions as an individual before my LLC is created is there any way I can pay my LLC and then report that the commissions were paid to my LLC on my taxes?

The second question is can I have my broker delay paying out the commissions until my LLC is created and I can give them the LLC's 1099? Does it matter that the official close date of the deals were before my LLC was created? I've already asked my broker about possibly delaying the payments and I'm waiting to hear back.


 Who advised you to form an S Corp?  It may be a mistake.  And if it is, just ignore it and don't file an S corp return. 

Post: What's it going to take for the next real estate crash to happen?

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150
Quote from @Dave G.:
Quote from @Bruce Woodruff:
Quote from @Matt Groth:

@Jim K. I've been telling anyone that will listen about the labor shortage in the trades now, and the absolute cliff coming in the next 10 years. Under 30 doesn't seem to want to work in the trades, at ANY price.

You are so right. Before I retired a couple years ago, there were no young guys on the jobsite. None. Back in the day, there used to be all ages, the young guys learning from the old veterans, and working their way up the ladder...... I remember distinctly one job where we all commented that the youngest guy on the site was 50.

There is a complete lack of any Contractors in my area, let alone quality ones...

I don't know what the end game is, but it certainly will result in fewer companies doing any construction work. Which will make prices go up. Maybe I should get back in the business......

And as mentioned by several folks in this thread, it goes beyond the trades. It's work and work-ethic in general. 

When I was a kid I shoveled driveways in the winter for $$. In the summer I cut grass and washed neighbors cars. I competed with other neighborhood kids for these jobs, I wasn't the only one. This was a fairly nice middle class neighborhood. My neighbors were happy to hire me, and paid me pretty good. This was all up until I turned 16, got my drivers license and a job at a gas station. I learned at an early age the value of work and how to save money. This was normal back then.

In the last 20 years, my wife and I have lived in 3 good family neighborhoods. Not once during this time has a neighbor kid come to my door soliciting services of any kind. I've only seen a flyer posted on the community mailbox 1 time for a girl offering pet sitting/walking (good for her). Nor have I even seen the neighbor kids doing work around their parents home or washing their parents cars. What do all these kids do for money? Do their parents just give them money? I suppose some get PT work after school when they turn 16, but I had been working for years before I got to that point. 

I guess everybody just hires landscape crews and does the drive-thru car wash now. Or there's app for all this manual labor stuff.

Don't forget the kid who had a newspaper route!

Post: What's it going to take for the next real estate crash to happen?

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150
Quote from @Dave G.:
Quote from @Jim K.:
Quote from @Matt Groth:

@Jim K. I've been telling anyone that will listen about the labor shortage in the trades now, and the absolute cliff coming in the next 10 years. Under 30 doesn't seem to want to work in the trades, at ANY price. I asked 5 or so under 30 i know just last week if they would do it for 100k, 1 of 5 said "maybe". Double or triple whatever they are making now doesn't sway them...at all. 3D printing sounds great, and maybe some niche markets, sure...but pipes still clog, roofs need repair, etc. There is literally no one coming. We always want a tech solution, because of it's ease, some things just take effort, effort that fewer and fewer are willing to give.

Jesus, I know, Matt. They're all too good for it. I've found some Mexican and Asian kids that are still alive and awake to the possibilities, but the rest of them -- dead from the neck up. Manual labor means a manual mind, dirty means dishonorable, that's what they've been taught, that's all they know.

This is not a new trend either. I personally experienced this decades ago in the '80s as a high school senior being discouraged from going into the trades. My grades were good enough to go to a state university but I wanted to go to trade school to be an auto mechanic. I was told to go to college instead. As an 18 year kid, which often means you're an idiot, I was like "ok, I'll just go to college". I mostly drank beer and chased girls. I did graduate, barely, ironically with a BS in economics. Two years later I went to trade school anyway and became an airplane mechanic as no one got in my way as a 25 year old making his own decisions. 

The public has been brainwashed for a long time that if your kid doesn't get a 4 year degree, they're going to be losers and degenerates. What a crock of BS. And these are the same people that let their kid accumulate $100k+ of student loans, often getting a degree that is not highly marketable or valuable. Dumb, dumb, dumb. 

Go to trade school for 6months to 2 years for a fraction of the cost of college and start earning a good salary years earlier. And provide a critical service to society that we all need. How hard is this anyway?


 Welders and Electricians.  In the Metro NYC area escalators and elevators are always breaking.  Welders - special metals etc.  Underwater, nuclear etc.

Post: What's it going to take for the next real estate crash to happen?

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 245
  • Votes 150

Well, don't count the Biden Administration out and its band of fellow-travelers.  One or two changes in the Tax Law could kill demand or supply.   Maybe not allowing borrowed money to count as basis in depreciation.  That would kill a lot.  Or doing away all deductions for interest.  To name a few.  And make it impossible for investors to have non-passive losses.  All in the name of fairness.  How about suspending §1031 for six years?  And treating all gains on sale of real estate as Ordinary Income.  Congress interfered in real estate in the 1980's and killed off the whole S&L Industry.  Just so you youngsters know how bad it can get.