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All Forum Posts by: Frank Palomino

Frank Palomino has started 0 posts and replied 14 times.

Post: Capital Gains Tax for investment properties

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

@Gregorio Martinez the reason capital gains tax isn't really discussed when flipping a property is that it falls under different rules. When you flip a property you're essentially buying and selling inventory. Since most flipping transactions have a quick turnaround, the idea is that any profit is derived from the ordinary course of business. Not only is the income you make by flipping taxed at whatever your marginal rate is, it is also subject to Self-employment tax (this can be circumvented with proper entity structure and planning). 

Post: You can't escape Healthcare and Taxes

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

@Anthony R. it's hard to determine any tax surprises without having a full picture of your financial situation. However, would it be safe to assume that the federal withholding from your W-2 job covered most (if not all) of your tax liability in years past? If so, you're now going to have to calculate and submit estimated taxes on a quarterly basis. This can prove to be difficult if you're not prepared to dish out those funds when required. BUT with good communication and tax planning with your CPA you should be able to mitigate the impact this may have on you.

Post: New Pro Member From Beaumont Texas

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

Glad to have you @Chris Caffey! I'm a new investor in the Golden Triangle area as well. There's a lot of great content on here. Enjoy!

@Alex Saleeby thanks for mentioning the REIA groups! I've been looking for something like in the Beaumont area to get involved with. I will definitely be looking into it!

Awesome!! Congrats on finding such a great deal! Wishing you continued success!

Post: W-9s & 1099s: How do I pay contractors "under the table"?

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12
Originally posted by @John Woodrich:
Originally posted by @Frank Palomino:

@Chinmay J. my understanding is that unless you're a "real estate professional" you may forego the reporting requirements. However, I consider it best practice to issue them. They're easy to file and you can do it yourself. If you're not comfortable doing it, your CPA can get it done at a minimal cost.

Wrong, there is not an exemption for real estate professional.

To clarify, you must give all individuals or LLCs you pay over $600 a 1099.  This would be your contract labor and may also be your CPA.  You do not have to issue them to corporations.  If you are thinking of going the tax evasion route of having them setup corps you may also want to know that a corporation is required to file a corporate return every year and their are $195 per month late filing penalties that will apply to missed or late returns.  Payments have to be made to the corporation so you will need a separate bank account, employer ID number, etc.  These all add to your risk.

I know of one person who was caught without 1099s.  He paid everyone in CASH (not check) so there was no way to verify his costs and all of this labor deductions were thrown out.  Outside of this instance, in 10 years I have not heard of a client or business getting in trouble for missed 1099s.  There is a per 1099 penalty but that would be minimal in comparison to the the missed deduction if they can't verify an expense.

You should issue 1099s, in the beginning it may be "ok" to play dumb but anyone who plans on being in business for the long haul should get their operations in order to comply with laws and regulation.

I'm not claiming there's an exemption for real estate professionals. I'm stating that landlords who are not considered real estate professionals and are receiving rental income in a passive capacity, are not required to file forms 1099. They are required to file forms 1099 when the level of their rental activities rise to that of a trade or business.

Post: W-9s & 1099s: How do I pay contractors "under the table"?

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

@Chinmay J. I'm sorry you're confused! Being a realtor immediately qualifies you as a real estate professional. I'd recommend making sure you get those 1099s filed this year.

Post: W-9s & 1099s: How do I pay contractors "under the table"?

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

@Chinmay J. my understanding is that unless you're a "real estate professional" you may forego the reporting requirements. However, I consider it best practice to issue them. They're easy to file and you can do it yourself. If you're not comfortable doing it, your CPA can get it done at a minimal cost.

Post: W-9s & 1099s: How do I pay contractors "under the table"?

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12
Originally posted by @Chinmay J.:

I am confused a little bit with this.  Why can't I just send a check to a plumber or electrician, and use that as a receipt along with invoice that he provides. I always get invoices and always send out checks or use my Credit Card.  I never pay in cash. People are not only hesitant to give out their TAX ID # they also get nasty when asked.  

Also, as a side note, I own the rentals under my name and not any LLC. I also send out checks from my personal accounts that I use for the rentals. So there is no mingling of personal expenses vs real estate expenses.

 The purpose of a 1099 is not to verify your expense. Rather, it is a compliance tool that helps the IRS in determining an individuals taxable income. In the event of an audit, if it is determined you should have issued a 1099 and you did not make any attempt, you'll be slapped with some hefty penalties. I'd suggest taking the time to get them done. 

Post: Help understanding leveraging debt

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12
Originally posted by @Andy Thoman:

Andy, I did a quick google search that displayed the various real estate transfer taxes by state. I wasn't aware that it only applied on the transfer of the deed as Scott Schultz mentioned. In retrospect, it makes perfect sense as it is a "transfer tax" lol. Thank you for correcting me Scott!

Post: Help understanding leveraging debt

Frank PalominoPosted
  • Accountant
  • Orange, TX
  • Posts 14
  • Votes 12

Andy, you're correct. Some states and counties may impose these fees/taxes; however, they are minimal and normally less than a percent. For Wisconsin, the current transfer tax rate is 0.3%. That would mean in your scenario on the refi for $100K, a transfer tax of $300 would be imposed.