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All Forum Posts by: Gary Cornwell

Gary Cornwell has started 4 posts and replied 10 times.

Post: Taxes on house flips

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0
Quote from @David M.:

@Gary Cornwell

For one, it doesn't work that way and these are two separate "income" buckets to the IRS.  Your rental are passive income.  Profit on flip properties are considered active income because you are dealing in the sale of inventory as opposed to investing.  So, the profit is also subject to self-employment tax.  Its reported on SchC as if it was a business.  So, to clarify there are no capital gains consideration since it is NOT considered "investing."


 Thank you.

Post: Taxes on house flips

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0
Quote from @Ashish Acharya:

Correct! Same tax rate, but one is subject to SE Taxes the other is not. Same with NIIT taxes. 


 Thank you.

Post: Taxes on house flips

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0
Thank you, Ashish.  So if I am understanding you correctly, the tax is ordinary income and never capital gains on a flip.  Correct?


Quote from @Ashish Acharya:

Gary, 
There is no capital gain on flips. 

Yes, the deprecation might offset the profit (Ordinary income) from the flips if you qualify as REPS and you have materially participated in your rentals. 

Depreciation cannot shelter self-employment income so you might need to have the right kind of entity structure to minimize the SE taxes. 


Post: Taxes on house flips

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0

If I were to flip a house, will the earnings be offset at all by the depreciation of other rental properties that I have?  So for example, if I have 200K a year in depreciation on properties that are not being flipped, but make 300k on a flip, will the 200k depreciation offset the short term capital gains of the flip (300k) to where I would only own short term cap gains on 100k?

I'm in Texas, if that matters.


Thank you!

Post: Triple Net Commercial lease template

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0

Does anyone have input on a really good/thorough lease agreement for commercial office space rentals in Texas?  It is a office condominium complex where we own 6 of the 8 suites.  Thanks for any advice.   

Post: Newby Accounting question

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0

Thanks everyone. 

Post: Newby Accounting question

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0
Thanks, Bill. But is you comment supposed to say that the cash does not affect my taxes if I put it in my personal bank account or take a vacation with it?

Quote from @Bill B.:

MOST real estate LLC's are setup solely for privacy and liability. (Disregarded entities) your taxes are the same as if you didn't have an llc. And for the first few units I'd say you don't need one, but that's your cal.

You aren’t taxed on the cash you take in or give yourself. You’re taxed on the profit after all expenses including depreciation. It took almost 10 years for me to be taxed on a dozen properties after interest and depreciation. If you put $50k in rent in the company bank account, your bank account or spend it on vacation does affect your taxes owed. 

Cash out refis are not income, they are simply loans and no taxes are due. If you find a good CPA/tax guy they should save you more than they cost. 


Post: Newby Accounting question

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0
The LLC is taxed as a s corp, so everything flows through to my personal return for taxes to be paid.  Is an owners draw offset on the books against equity, similarly to how a distribution of retained earnings would be?



Quote from @Chris Seveney:

@Gary Cornwell

How is your LLC taxed?

Regarding lines of credit or a loan, the cash is an asset on your balance sheet and the loan is a liability, so it does not go on your profit and loss.

As it relates to rental income that will go on your profit and loss and be offset by expenses and depreciation. When you take an owner draw it will be noted as such but what you take out vs what is taxed is two different things.


Post: Newby Accounting question

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0

Please for give the newbie question, and if the answer has already been posted, please just reply with a link to that thread if you would, please.

I own a small business (LLC with 35 employees) currently, and it has been pounded into my head that any money I take out of the company has to either have already been taxed and is therefore a distribution of equity, or it has to be classified as a loan that I must pay back to my company with interest.

I am beginning the journey into real estate investing and I am confused as to getting cash out of the real estate LLC that I just set up. Let's say that my properties cash flow 50k in a year, but my taxes show a negative profit due to depreciation, and all the other write offs. How do I get at that 50k without the tax man coming after me? And similarly, if I have a property that I do a cash out refi on, and I end up with 250k in cash, how do I access that money. I know that loaned money isn't taxable, but it seems like it is just this magic bucket of cash that is sitting in the bank. How do you access it, and how is the entry shown on the books? Is it also considered a loan to me? Is it a distribution?

Any help would be greatly appreciated!!

-Gary

Post: Cash out refinance and distributing cash flow to owners

Gary Cornwell
Pro Member
Posted
  • DFW, TX
  • Posts 10
  • Votes 0

Please for give the newbie question, and if the answer has already been posted, please just reply with a link to that thread if you would, please. 

I own a small business (LLC with 35 employees) currently, and it has been pounded into my head that any money I take out of the company has to either have already been taxed and is therefore a distribution of equity, or it has to be classified as a loan that I must pay back to my company with interest.

I am beginning the journey into real estate investing and I am confused as to getting cash out of the real estate LLC that I just set up. Let's say that my properties cash flow 50k in a year, but my taxes show a negative profit due to depreciation, and all the other write offs. How do I get at that 50k without the tax man coming after me? And similarly, if I have a property that I do a cash out refi on, and I end up with 250k in cash, how do I access that money. I know that loaned money isn't taxable, but it seems like it is just this magic bucket of cash that is sitting in the bank. How do you access it, and how is the entry shown on the books? Is it also considered a loan to me? Is it a distribution?

Any help would be greatly appreciated!!

-Gary