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All Forum Posts by: Dylan Brown

Dylan Brown has started 2 posts and replied 49 times.

Post: Am I the crazy one? Or do other CPA’s just blindly allocate depreciation to GP’s?

Dylan Brown
Posted
  • Posts 52
  • Votes 20

@Evan Polaski I will offer a $1,000 bounty for the first attorney that can substantiate losses like you have described!! I would love to be able to finally tell my clients we have found the golden ticket we have been searching for.

Post: Am I the crazy one? Or do other CPA’s just blindly allocate depreciation to GP’s?

Dylan Brown
Posted
  • Posts 52
  • Votes 20

@Evan Polaski time and time again I have sat across the table from those attorneys you were describing in your post and heard a similar argument about substantiating losses via loan guarantee.

However, without fail, every time I have asked those attorneys for clarification on their support for such a legal position, they have come up empty-handed.

I have been searching for the better part of two years for an attorney who can clearly articulate how it is they are substantiating such loss allocations. I have even grilled my own real estate attorney and paid his hourly rate just to see if I could get something out of him that I could bring back and use for my clients.

At the end of the day I have found that there is no way to substantiate such allocations based merely off of a guarantee of debt unless one or more parties enters into a deficit restoration obligation.

because so many investors and developers are risk-averse, a deficit restoration obligation is often times too much risk for them to take on an exchange for some depreciation, however, I still have numerous clients who are willing to take on that risk. This is very nuanced, and ultimately most people who I see taking such depreciation losses have not even thought through this far and are just doing it based on the guarantee itself.

I was so intrigued with this that I published a memo that points out the flaws in the logic of the attorneys that made the argument that a loan guarantee is sufficient to substantiate outsized depreciation allocations to sponsors who guarantee debt but put up less actual capital.

www.dylanbrowncpa.com/guarantees.pdf

Post: Do the pros really pay 0 in taxes?

Dylan Brown
Posted
  • Posts 52
  • Votes 20

Amen to that @Kevin Jo!

Post: Pull equity, 1031, buy 3-4 4 unit complexes. Out of State

Dylan Brown
Posted
  • Posts 52
  • Votes 20

1031 can be great, but multi property exchanges can be costly and logistically hard to pull off. First step is to run a hypothetical sale calculation to determine what the actual taxable gain would be if you were to sell all the properties and not use a 1031x.

Then you can determine what kind of depreciation you could generate on the replacement property(s). If the depreciation is sufficient to offset the gain and you are able to close all in the same year, you may be able to avoid taxation despite not using a 1031 (I call that the "lazy 1031").

if a 1031 is still the best path forward, you just need to feel confident that you can sell all properties and purchase replacement(s) all within 180 days of selling your first property.

let me know if you need assistance running this calculation. I have a great spreadsheet for it, but it's not one I can easily distribute to non-CPAs because it is highly technical and uses a lot of jargon.

Post: From Software to RE

Dylan Brown
Posted
  • Posts 52
  • Votes 20

Welcome Robbie! I have worked with so many ex-tech folks in real estate. You have such a cool advantage in real estate - you should develop a Python script that allows you to systematically reach out to property owners using tax data. You can source the data using LandGlide and then do the rest using code. I love coding in python for automating tasks that most others do manually- gives a huge leg up in this industry.

Post: Looking for Networking

Dylan Brown
Posted
  • Posts 52
  • Votes 20

Awesome! I was in the same boat at your age.  If your are starting out - find a niche in the industry to generate income. That will give you the capital you eventually need to invest.

It sounds like your desired path is wholesellong for the income part - what attracts you to that?

Post: Do the pros really pay 0 in taxes?

Dylan Brown
Posted
  • Posts 52
  • Votes 20

Jumping in here with some key clarifications on a few of the replies above. You all are fantastic and I love the energy - I want to just make sure all the info here is as useful as possible.

1. I am not positive about the exact statistics, but I do see individual investors using 1031x all the time. Just be mindful that the economics of a 1031 break down a bit with the smaller properties since the fixed costs of doing a 1031 are somewhat high.  It's a couple grand for the qualified intermediary to facilitate the transaction and it usually adds 500-1,000 to the cost of your tax return.  Many people simply opt out and instead maximize their depreciation on the newly acquired property to offset the gain from the sold property instead.

2. It is true that depreciation is just a deferral of taxes.  However keep in mind that often the recapture of depreciation (I.e. the repayment of the loan) is often at a lower tax rate than the tax rate on the income it initially helped shield - therefore beyond just the time value of money, it does result in real tax savings.

3. Cost segregation studies allow you to take a building that you would normally need to depreciate over 27.5 years (or 39 years if it is a commercial property) and selectively convert  percentage of the purchase price over 5 or 15 years instead. There is also an opportunity for some of that reclassified property in the 5/15 year buckets to receive bonus depreciation as well.  Recently, I saw a building purchase of 3M with only 1M of equity that yielded a total depreciation amount of $530k after the cost segregation study was applied (which amounts to a first-year deduction of 53% of the invested equity to the owners).

4. "Cash Flow" is not taxable. Cash flow does not actually factor into your taxable income calculation at all. What matters is the net profit and loss is for your property. Common ways where cash flow and net profit and loss differ: (1) principal payments on loan reduce cash flow but not net profit, (2) depreciation expense reduces net profit but not cash flow, (3) capex may reduce cash flow but not net profit, (4) depreciation recapture may increase net profit but not cash flow.  There are more examples of this but those are the main ones. This is why having a solid set of books that are reconciled monthly or quarterly are essential.

5. Real estate professional status does not alter the amount of deductions you are able to take. The only thing it alters is what other sources of income those deductions are available to offset. If you are not a real estate professional for tax purposes, your still able to take all the same deductions, your deduction may just not have anything to offset. In that case, they are not lost, they just carry forward to either a year where you can use them or they are freed up to offset any type of income if you sell or otherwise dispose of the investment that generated the losses. This is the part that is most commonly missed by DIY tax return filers - you desperately need a CPA if this applies to you and you are attempting to file your own taxes. I saw this cost a lady 67k in taxes one time - her reasoning was she wanted to use TurboTax to save ~$700 on her tax return... you can do the math on that.

6. Though I agree that de minimus and SHST are both great examples of ways to expense costs that may otherwise be capitalized, it is very risky to take an "all expense" approach to capex spending. You ultimately need to find a CPA that understands the finalized repair regs from 2014 and knows how to apply the betterment/restoration/adaptation of an economic unit of property test to maximize your repair expense and avoid capitalizing assets in a way that is supportable under the scrutiny of an audit.

7. TurboTax is the most sure fire way to miss deductions or mid-report income.  Admittedly, one of my guilty pleasures is reviewing a prior return of a RE investor who used TurboTax to file and noting all the mistakes.  I have done this about 2 dozen times and in all those reviews I have only found one return where all the real estate investing activity was reported correctly, and they had to contact TurboTax to override the software functionality to report it the way it was reported. Ironically, they also used a CPA in a consulting capacity to make sure they were filing correctly using TurboTax - at that point I feel like they should have just had the CPA do the return!

That is all for now - DM me if you want to ask more specific questions about any of the above!

Post: Helping a seller who needs 60k to sell their home.

Dylan Brown
Posted
  • Posts 52
  • Votes 20

This could be structured as a contract for deed instead of a master lease.  

If you are liquid enough, you could always use 60k as the down payment on the contract for deed and then just finance the rest.  If you do not have the 60k lying around, you could potentially finance the 60k down payment on the contract for deed, though I would want a lender to pop into the thread and weigh in if that is something a lender would typically go for (my guess is maybe not).

If those two are not an option, why doesn't the seller just take out a mortgage against the home and then move forward with the contract for deed or master lease? That way they get their 60k, but you can still either lease or enter the CFD.

If all else fails and they are very desperate to get the cash, there is always the option to offer them significantly less than you are currently offering and then you can almost certainly find an investor willing to front the cash if the purchase price is far enough below the FMV or ARV.

Curious to hear others’ thoughts!

Post: New member introduction

Dylan Brown
Posted
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Welcome!

In college I did house hacking - it was fantastic!

I would offer my assistance but I am a gopher and I have not verified that you aren't a badger fan yet... :)

Post: Hello BiggerPockets! New PRO here

Dylan Brown
Posted
  • Posts 52
  • Votes 20

One follow up to my post regarding depreciation.  Here is an amazing write up for you to read:
https://www.biggerpockets.com/forums/51/topics/1121063-expla...