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All Forum Posts by: Bruce D. Kowal

Bruce D. Kowal has started 18 posts and replied 231 times.

Post: New Flippers in Boston Area

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Look at Zillow or some similar site and see what mobile homes are renting for, how long on the market. You can always pretend to be a renter and pump the Seller for information.  Or speak with the broker.  I think New Hampshire is better for this type of rental business.

Post: Capital Gains Question

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140
Quote from @Karen Bolyard:

Hello everyone,

I recently purchased a SFR as an investment property and started rehab this week. Trying to decide whether to flip or rent. I had originally thought I would rent for year and do a 1031 to avoid cap gains tax, but I was told since I am a real estate professional ( I am a broker), I would be exempt from cap gains. I had also heard I need to have several homes in an LLC to qualify. We have 4 SFR's- 2 in one LLC, 1 in a different LLC and 4th is my personal residence not in an LLC. Any advice / suggestions is greatly appreciated!!


 Presumably someone has been preparing your tax returns for the past few years.  You already have investment properties.  What does your tax preparer say?

Post: Ownership by Contributed Capital vs by Tax Capital Accounts in small syndications

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Don't know.  Not going to spend time looking it up.  As I mentioned early on, IRS has three years to audit.   File the IRS form on Inconsistent treatment and be done with this.  

Make sure you properly report your capital losses and carry them forward.  Because they are §1231 losses they can offset ordinary income, which is better than a normal cap loss use of only $3,000 if married.  

Sorry you got into this. That is the problem with Syndications, you have no control over the Syndicator, who may suddenly need cash for some other mistake he needs, and he sets out to create mischief.  

if you have cap gains in 2024, or in the coming years, you might want to consider simply "abandoning" your interest in the LLC, which allows you to take the loss in the year you choose..

For example, if you have cap gains of $50,000 in 2024, you might want to "abandon" a some or all of your Membership interests,  which give rise to a loss which will absorb the gain.  Or abandon all of it in 2024 if it's really dead, and carry the losses forward.  

Hope that helps. 

This is wonky, but as you are discovering, a lot of this stuff is wonky:

https://www.thetaxadviser.com/issues/2016/feb/taxation-of-wo...

Post: Leader of Real Estate Investment Firm Admits Role in $658 Million Ponzi Scheme

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Leader of Real Estate Investment Firm Admits Role in $658 Million Ponzi Scheme and Multimillion-Dollar Tax Evasion Conspiracy

Anyone heard of these guys? National Realty Investment Advisors?  He went for the whole prize:  Ponzi scheme plus tax evasion.

Post: LLC Structure & Bank Accounts

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Why would you seek online legal advice for an important decision on protecting your assets?  See a lawyer and pay for professional advice.

Post: Securing My Property: Exploring Trusts and Protection in NYC

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Congratulations to an expectant Mother!  As for NYC rental properties and putting your one rental property into a Trust, consult professional journals for this.  Just do a web search.  Otherwise, leave everyone as is.  Presumably someone does your tax returns, ask them.

Post: Sibling Partnership and Seperate Property

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

NY will tax you on your NY source income. Be prepared to file IT-203 Non resident tax return. Also NYS has a quirky public notice requirement for LLC's which is costly.

Post: Is this correct?

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Buy Turbo Tax and do it yourself.  That is your second opinion.  TT has AI this year.  Might help.

Post: Ownership by Contributed Capital vs by Tax Capital Accounts in small syndications

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

If you don't understand it, then it's a "cover up" of mistakes, not errors. It's on the level of "Oh, sh-t!  We really screwed this up . . ."

How many more year left before they sell assets?

Post: Ownership by Contributed Capital vs by Tax Capital Accounts in small syndications

Bruce D. Kowal
Tax & Financial Services
Posted
  • Metro NY + New Bedford
  • Posts 234
  • Votes 140

Is that what this is all about?  $136,869 spread over some number of partners?  The is too much professional time and billings, zoom calls, aggravation.  You know that you are at wit's end when you look to BP for an answer.  :)

You might just use Form 8082 to get the number you want, and everyone file and forget it.  

I figured that this might trigger a Change in Accounting method.  

As I said originally, as long as IRS is not getting stiffed, let each Member file 8082, and let everyone get on with their lives.