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All Forum Posts by: Eric Williams

Eric Williams has started 22 posts and replied 147 times.

Post: New Investor Business Structure Options

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41
Quote from @Chris Seveney:

@Doug Smith

Sorry you took it that way but that’s not their specialty and it’s no different why you should also not listen to an agent for entity setup

Either. I am not insulting anyone just stating that people need to look out for their best interests and listen to people who actually know what they are talking about as there is a a ton of bad information here on BP and also by professionals who step into the other lane

Do you listen to a plumber for how to wire a house? No, does he know stuff about electrical, yes but that’s not his specialty and these are nuanced things.

I mean you say there's bad information right after you say an LLC does nothing for tax consequences even though it allows me to form a single member LLC disregarded then file an 8832 to create a C Corporation after which I could file a 3552 to create an S Corporation.

I couldn’t do that as easy with other entities.

It also gives me liability protection while allowing for participation in management which is generally hard for limited partners without tax consequences.

It definitely does something for self employment tax vs a GP.

By default LLC loans are non-recourse which changes the tax basis under 465.

Also LLCs don’t fall under 469 passive limitations of limited partners simply because Subchapter K was written before LLCs.

Also LLCs in community property can be disregarded if owned by spouses and certain conditions are met. This avoids partnership 1065 filings.

And of course in Texas the LLC creates a Texas Franchise obligation.

Yeah for tax purposes the partnership isn’t a choice in this case.

More than a single member LLC is a general partnership by default under check the box.

You’re going to have a 1065 Federal and state filing requirements.

Also that liability protection isn’t given. Do some research on why shields have been disregarded in your state and avoid.

Post: Question: Business arrangement currently?

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41

I used to work at a firm where the owner’s wife was an agent so we did a lot.

A lot of them formed partnerships with their spouse, did Sch C, and some S’s.

I figured that may be firm specific so I thought I’d ask what the typical structure is here if you care to share.

Quote from @Mary Jay:

Hi guys,

I have a question for you:

I have an acquaintance who went to jail for tax fraud. He says another big business came to town and wanted to buy him out, but he refused. So that business sent a couple of accountants his way and he did not know it was a set up and hired them.

He trusted them and was staying out of their business but those accountants set him up, and during an IRS audit there was something that he went to jail for.

I am kind of unclear, would not it be an accountants fault since they did his taxes, and not his fault?

How to prevent being set up like that?


 Lol dude going to jail for tax Fraud is straight up DOJ territory. IRS is generally civil. 

Basically if you see two IRS agents at a physical site audit look for one with a badge that’s Criminal Investigations Division.

You have to **** up bad to get criminal charges.

It’s willingly and knowingly or reckless disregard.

Nah your boy is lying.


Post: Proposal to work together to create tailored financial solutions for...(read on)

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41
Quote from @Daniel Miller:

Do you have any experience in owning investment properties, investing in investment properties, running a property management company?

Nah I have two masters and a CPA and experience doing taxes for real estate clients.

Post: Free Tax Consulting/Collaboration for Product Development

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41

Would anyone be interested in free tax consulting designed to develop a unique service for real estate agents down the road?

KPIs

Dashboards

Financial Analysis

Entity Selection

Business use of home/vehicle

Etc.

What pisses you off when it comes to taxes as a real estate agent? Or business matters in general.

Thanks,

Eric

Post: Proposal to work together to create tailored financial solutions for...(read on)

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41

Basically I would like to start a side business consulting real estate based off my two masters and CPA.

I was wondering if anyone would like to send me some of their rental property financial data to see what we could come up and refine, to help you immediately and potentially future clients of mine.

Dashboards

KPIs

Proposals

Tax Planning

Entity selection and formation/governance

Thanks,

Eric

Post: Oversimplified Cost Seg Example II

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41

This time I wanted to add a property to show that the benefits of cost segs on residential rentals may improve as the income producing properties increases.

Not much has changed except for gross rental of 40k, designed to represent net income, has been added (you could also pretend to divide 40 across multiple properties)

However, the bonus depreciation not used on the "Property A" gets transferred over to "Property B" (in effect).

Although this doesn't offset W-2 income, don't ignore the fact rental income is taxed at ordinary rates, so the benefit is still there.

I think the takeaway may be consider holding off on the bonus until you have more properties if there are insufficient, other passive activities to absorb the amounts.

Post: Large Apartment Complex Investment

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41
Quote from @Danielle Davenport:

Investment Info:

Large multi-family (5+ units) commercial investment investment.

Purchase price: $15,500,000
Cash invested: $10,000,000

Focused on Appreciation of land

What made you interested in investing in this type of deal?

Land value - exclusive area


 Danielle if your focused on the depreciation of the land, you may already know, but if the tax assessor's allocation is lean on land, a suitable comp may allow you to allocate more to the land and benefit from capital gains appreciation.

Post: Cost seg & STR loophole from a financial planners perspective

Eric WilliamsPosted
  • Accountant
  • Houston, TX
  • Posts 147
  • Votes 41
Quote from @Daniel Murphy:

Hey all, I did a cost seg study on my short term rental for the 2022 tax year. I'm a financial planner by profession & really wanted to understand the nuances behind this topic more. I love comparing the hype vs real world.  I apologize if this is a bit long, but here's a random list of thoughts after digging into this and actually doing a study... 

Before Cost Seg

- $400k property purchased in Jan of 2022.  I reached out to get a cost seg estimate & came back with these estimates:

$352k building cost ($400k minus estimated land costs)

~$77k in estimated bonus depreciation

= $28k in estimated tax benefits ($77k in estimated bonus deprecation * 37% tax rate)

Note - the above is my main point of contention with these cost seg estimates.  These estimates always tend to show the max amount of bonus deprecation multiplied by the HIGHEST tax rate = your estimated tax benefit.  
1) Most of us are not in the highest tax rates and:

2) Tax rates step both up and down, so you can't simply take the bonus depreciation multiplied by a tax rate.  It doesn't work like that... IE - don't expect the estimated tax savings on your inital report to be your actual tax benefit. 

During

- the report actually took me much longer than anticipated to receive.  I had to follow up with the company multiple times and seemingly provide the same info to them multiple times.  

I would definitely recommend starting this early rather than later as the report takes months to complete.  

Actual numbers post report:

5 year property = $42k

15 year property = $120k

total building cost = $204k

Actual Tax Return 

~Married Filing Jointly

~$82k in W2 income

~$150k in self employed income netting $52k in K1 income

~$11k in capital gains from stock market investments

~$60k in rental income from Schedule E and $215k in depreciation expenses ($162k from cost seg bonus deprecation & the rest from first year costs / capital expenses)

We ended up with an AGI of -$80k

Nuances & Thoughts 
- Most frequently, Cost segs are focused on high income investors.  I don't believe I'm considered "high income".  

- Some will say doing a cost seg on a $400k property is not worth it but in this case, we absolutely found it worth it. 

- I ended up with a fed & state tax refund total of around $18k 

plus, I still have a significant loss carry forward that I should be able to use in future years. 

We also had ~$30k in charitable deductions that we could NOT use in 2022 due to AGI limits.  These will be carried forward to future years to offset future taxes. 

For the first time in years, we qualified for a property tax refund.  This was a little over $3,000

One thing to note, when your AGI & tax liability gets near zero, child tax credits are only refundable up to $1,500.  Meaning, you do not get the full value of the $2,000 child tax credit if you have a low AGI, you may only get a max credit of $1,500 per child. 

In my case, I ended up with around $20k in tax benefits in year one and should get nearly that much in a  year two carry forward. (complete guesstimate)

Financial Planning Opportunities

This is the area that really interests me.  As I've talked with my clients & other investors, here are some areas I can think of to maximize the benefits of a cost seg. (all as a result of an abnormally low AGI for the year)

- If you have any inherited / beneficial IRA assets, you could potentially do large withdrawals with little to no tax effect.

- If you're applying for financial aid for college or other institutions, you may potentially qualify for additional aid based on a low AGI. 

- If you have large capital gains, you may be able to realize them & qualify for the 0% tax rate. 

- You could potentially convert a portion of your 401k/IRA into a Roth 401k/IRA virtually tax free. After a 5 year holding period, you may be able to withdraw your basis from the Roth tax free to purchase more real estate (note, I need to verify this as I don't know this to be 100% accurate)

- You could potentially offset taxes from a year where you anticipate large gambling income, cancellation of debt or more likely, stock option awards or other employee stock incentives. 

This was not meant to be an exhaustive list. Moreso, I've been thinking of this a lot recently & just wanted to share some deeper thoughts.  When most people talk about the benefits of doing a cost segmentation study, they talk about tax savings.  I find the real beauty of this strategy in the other supplamental benefits that are not often considered.  

I hope this helps give another perspective on the cost seg / STR Loophole topic...


 Thank you.

They also fail the mention the type of entity.

So amounts passed through need to be calculated along unique taxpayer characteristics.

Cost segs honestly need to be used on active trades or businesses where the excess depreciation is nonpassive and can offset other ordinary income. A good example was a 7 practice dental office that seg'd after the acquisition to gain the advantage of hindsight.