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All Forum Posts by: Daniel Scott

Daniel Scott has started 2 posts and replied 3 times.

If I hire someone to do work on my rental property in California, and that person (either licensed or unlicensed) does not have their own worker's compensation insurance on themselves, must I provide it if they are an Independent Contractor - and how exactly does one determine if such a person is an employee or independent contractor?  The law seems extremely vague on this.  

There is an "ABC test", as follows:

Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:
  • a - The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
  • b - The worker performs work that is outside the usual course of the hiring entity’s business; and
  • c - The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
  • But under B, my business is renting residences, which includes sometimes fixing a broken doorknob.  If I hire a handyman to fix a broken doorknob for $100, is he an employee because sometimes fixing doorknobs is not "outside the usual course of the hiring entity's business"????
  • If I am required to get workers comp insurance to protect myself in case he trips over his own feet and breaks his neck while fixing a doorknob, I would pay the handyman $100, and pay State Fund for workers comp insurance $3,450.  No one can seem to explain exactly who is an employee and who is an independent contractor when it comes to landlording and hiring anyone to do minor repairs, cleaning, hauling junk, etc.  Where can I get answers on this?   

Hi, Chris,  I'm new here - how can I contact you to chat offline?

I've been shopping for DST's - got a typical one sent to me, and analyzed the numbers, and compared it to simply buying a totally well-managed replacement residential income property. The difference? One immediately seems to lose 14% of one's investment the moment the investment is made. Here is the analysis I sent to the broker, and I would love to hear from brokers, financial investment advisers, and investors on their response to this:

I'm doing some digging into the sample DST you sent me. Let me run some thoughts and questions by you for your response.

Property was bought for $68M. There were added costs –

Closing and title cost - $188,000 (that seems excessive, but whatever)

Lender and acquisition finance costs – $1,189,000 (maybe that’s mostly points – doesn’t say)

3rd party reports and due diligence - $118,000 (again, whatever)

Legal costs – 402,000 (really?)

“Acquisition fee” - $1,360,000 (no explanation – what is this?)

Anyway, total acquisition costs were $1,189,000. I won’t quibble.

So total cost of acquisition is $71,257,956

From there, they then offer it to clients like me for $77,540,619 (via shares). Main added costs are:

$2,294,000 – 6% commissions (I assume that’s to brokers like you as you sell to clients like me)

$535,000 – “dealer fee” (no explanation)

$478,000 – “placement agent fee” (no explanation)

Etc., etc., etc. The property is bought for $68,000,000 then the sponsors sell it to investors (in shares) for $77,540,619. Again, I won't quibble. Sponsors need to eat. The main number to a client like me is the "cash-on-cash" return – 4.25% (although proforma). Not a bad rate, very comparable to the cap rate I would get if I just 1031 into good residential property that is fully managed (although I would still have to "manage the manager" – DST's save me that trouble).

But let's look more closely at that return. Correct me if I'm wrong, but DST's are normally held for a medium turn (in this case, I believe it's 7 years – the length of the loan). At that point, being super conservative we'll assume the only cost to the investors is a 6% sales commission.

The property is worth $68,000,000. When fees are added in, it’s immediately resold to clients like me for $77,540,619 (an increase of 14%).

To keep things simple, and compare apples to apples when comparing buying this DST to buying a well-managed nice residential income replacement property, let's assume that neither one has rent increases or appreciation of value over 7 years (we can also compare apples to apples by assuming that both would have similar increases in rent and similar appreciation – either way the numbers work out the same).

If I buy a replacement property for $1,000,000 at a 4.25% cap rate and sell it in 7 years (no rent increases, no appreciation – and assuming that same 6% sales commission), over that 7 years, I will have collected $297,500 in rent ($42,500 per year). When I sell in 7 years, I will pay $60,000 in sales commission. My profit over the 7 years comes to $237,500. This is a 23.75% profit on my $1,000,000.

Now, compare this to this DST, with the same assumptions (no rent increases, no appreciation, 6% sales commission after 7 years). I invest $1,000,000 into this DST. I collect the same $42,500 in rent each year for 7 years - $297,500 total. Then after 7 years, the sponsor sells the property – for $68,000,000, minus the 6% sales commission. My share of the sales commission is the same $60,000. (6% of my $1,000,000 share). This reduces my profit to the same $237,500, again a 23.75% profit on my $1,000,000 over 7 years – same as if I had bought a replacement property myself – without the hassle!

BUT – when I invested, the total purchase price wasn’t $68,000,000 (in shares), it was $77,540,619 (in shares). There’s that 14% bump up between what the sponsor paid and what the clients paid. On my $1,000,000 investment, this comes to a $140,000 premium that I paid – which reduces my 7 year profit from $237,500 to $97.500 – a 9.75% profit over 7 years.

What am I missing?