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All Forum Posts by: Clayton Smith

Clayton Smith has started 15 posts and replied 85 times.

Post: 1031 exchange or show income for bank loans

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

Thank you to everyone for the feedback. I am still trying to decide what would a lender rather see for future loans. taxable income through my business or equity in another property? I have a decent amount of equity in my properties but I have only had my LLC for less than a year so I do not show much history as far as income yet.

Post: 1031 exchange or show income for bank loans

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38
Originally posted by @Joe Splitrock:
Originally posted by @Clayton Smith:

I purchased a property earlier this year that was in terrible shape and I believed it was a teardown so I got it for the land value. I planned to BRRRR the property. I cleaned the property and lot up and repaired the structure and it was not in as bad as shape as I originally thought. I got a cold call from a fellow investor and I threw out a high purchase price and he agreed. So I stand to make just under a $25k profit selling the property. I started my LLC last year and this will be the first time I show income and would like to finance my deals based on my LLCs income and not personal in the future.

My question is do I show the income on my taxes to help with loans or do I 1031 exchange the property and defer the taxes? Since I just bought the property I have not claimed any depreciation. This will be my 3rd flip this year so I will show around $75k in income plus my rental cashflow. Just want to get some advice on how to move forward. I have talked to my CPA and he said since the buyer contacted me unsolicited it will meet the 1031 rules on intent of the investment when purchased. Any advise would be great.  

 You cannot 1031 exchange a property that was never held for investment. Your CPA is giving you very risky advice that goes against legal precedence and common advice. The facts in this case do not support intent.

1. You are a flipper who has flipped three properties this year. This is your business and pattern of behavior.

2. You never placed the property in use as a rental, you never claimed deprecation and you never received rental income. It was never held for investment, not even a day!

3. The IRS has stated that two years is safe holding period for doing a like kind exchange. Some people push it down to one year, claiming two tax returns. You held this property less than one year and it was under rehab the entire time.

4. Receiving unsolicited offers has nothing to do with intent. Every investor in the world is getting unsolicited offers for properties. Every flipper is being asked "do you have other properties". Assuming your CPA is right, EVERY flipper could do 1031 on every property just claiming intent if they sold it off market. That is obviously not correct.

All of your behavior patterns show this was a flip. Regardless of what intent you try to claim, your behavior is what matters. The IRS doesn't need to prove you are lying, you need to prove that you are telling the truth. 

I guess I should have included some more information about my past investments. 

I have flipped 3 properties this year, my first flips, but I own 15 rentals. I am currently renovating two other rentals that I will hold for an investment property. I have also BRRRR'd properties in past years. I got a renovation loan on the property that will convert into long term financing once renovations were complete. I have not claimed depreciation because I just bought the property in April. I am not very far in the renovation but I have emails with my property manager talking about how much to charge for rent based on adding an additional bedroom. I understand the IRS guidelines on the 1031 but I believe my behavior does show that at the time of purchase I intended to hold long term. That is why my CPA gave this advise.

Post: 1031 exchange or show income for bank loans

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

I purchased a property earlier this year that was in terrible shape and I believed it was a teardown so I got it for the land value. I planned to BRRRR the property. I cleaned the property and lot up and repaired the structure and it was not in as bad as shape as I originally thought. I got a cold call from a fellow investor and I threw out a high purchase price and he agreed. So I stand to make just under a $25k profit selling the property. I started my LLC last year and this will be the first time I show income and would like to finance my deals based on my LLCs income and not personal in the future.

My question is do I show the income on my taxes to help with loans or do I 1031 exchange the property and defer the taxes? Since I just bought the property I have not claimed any depreciation. This will be my 3rd flip this year so I will show around $75k in income plus my rental cashflow. Just want to get some advice on how to move forward. I have talked to my CPA and he said since the buyer contacted me unsolicited it will meet the 1031 rules on intent of the investment when purchased. Any advise would be great.  

Post: New Purchase Loan based on appraisal not purchase

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38
Originally posted by @Tom S.:

@Clayton Smith  Lenders will always loan off the lower of the appraisal or purchase price.  If it's appraised at $100k for example and the purchase is going to be $90k, then $90k becomes the new value, and that's what the lender will lend off of.

I have been trying to figure out a way to do it on a rate & term finance deal. Say I got hard money for 100% purchase price they should give a loan at to refinance out of a higher rate and they should loan off appraisal correct? Still trying to figure out if that will work. 

Post: New Purchase Loan based on appraisal not purchase

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

I just know my market. They have tenants in place and based on the current rent the house is undervalued. DSCR will be around 2 even if I finance 90% of the purchase price.

Post: Kid going to college - RE strategy options?

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38
Originally posted by @PK Adi:

@Corby Goade, Great inputs. But I didnt quite get how depreciation applies here since the property will appreciate over time.

You depreciate the property when you file taxes. This results in less tax paid when you have rental income coming in. But if you plan to sell the property in 3-4 years and be finished with Real Estate be careful because you will need to pay the depreciation on your taxes for the year of the sale. The real question to me is are you paying the rent or your daughter? If she is looking at spending $600 a month for 4 years that is a lot of money. Even if you purchase a house and she has roommates that cover the mortgage and nothing else you are still looking at saving money on that rent you would have paid otherwise. She has to have housing either way. If she is paying the rent herself with student loans or whatever then she needs to be thinking about these things and she can get a loan with less money out of pocket. If you purchase the house and you plan on helping her pay for housing I would not charge her market rent. That is just creating a taxable income that you is just moving from one account you own to another!

Post: Evection Ban Class Action Law Suit

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

Is it possible for all the bigger pockets small landlords to file a class action lawsuit against the evection ban? If the government is responsible for landlords not having control over their properties then we should be compensated right? Guarantee Blockrock is getting a government bailout if tenants don't pay them. Has anybody been able to make the government reimburse you for missed rents? 

Post: DSCR loan questions

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

Even DSCR loans typically use market rents determined by an appraiser based on long term rental rates. On purchases, lenders won't usually consider expected short term rental revenue, even if the seller has a history of it. Think about it this way - short term rentals are more like running a business from the property, and each owner will run their business a little differently. The new owner may not be able to achieve the same STR revenue, so lenders are going to go off of standard long term market rents in the area instead.

Refinances are a different story - once you have a history of short term rental income, some lenders will use that.

There are DSCR programs that will qualify you based on an interest only payment. That's one way around a low rental estimate on a purchase.

@Stephanie Medellin
What if you are buying a turn key rental with a lease in place until July 31st 2022? What is the best way to find a lender that will loan of the DSCR for something like that? Home is being offered under market value so I would rather not have to put 20% of purchase cost as a down payment.

Post: New Purchase Loan based on appraisal not purchase

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38

I came across a few turnkey single families that are for sale under market value. Is there a lender that will loan based on the appraisal of the property and not the purchase price? They look great except I don't want to lock up that much capital for a long period of time. 

Post: Looking for local investors in Tuscaloosa, Alabama

Clayton Smith
Pro Member
Posted
  • Rental Property Investor
  • Tuscaloosa
  • Posts 87
  • Votes 38
Originally posted by @Brandon Montgomery:

@Clayton Smith Can I get in on this knowledge sharing?!

Sure. I am happy to help.