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All Forum Posts by: James H.

James H. has started 3 posts and replied 8 times.

Post: SD401k - sub-Borrower EIN Application Problems?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

Contact your tax advisory for any advice, this is just what I did, which may or may not be correct.

So, in this case, I made the Trust was the responsible party for the Borrower (an LLC). As the Trust had an EIN that I obtained through the online system, I could not do the same for the Borrower, which meant filling out an SS4 and faxing it into the IRS (alternatively I think I could have mailed the SS4, but fax worked great). The IRS mailed me a copy of the EIN (within about a week of my submitting), I probably received it the day after my previous post.

Normally, you can get EINs through the online IRS system without much hassle.

Post: Little Rock: Handy-Person?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

Hello,

I own an apartment building in Little Rock, and am considering redoing the walkways - replacing the concrete slabs with bluestone or flagstone. Anyone know anyone who might be good?

-James

Post: SD401k - sub-Borrower EIN Application Problems?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

By the way, this is the reason why (per the IRS website):

"We cannot process your application online if the responsible party is an entity with an EIN previously obtained through the Internet. Please use one of our other methods to apply."

It's been 7 business days since I faxed in an application (they say it should take 4), I'll let you all know how it is resolved.

Post: SD401k - sub-Borrower EIN Application Problems?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

I tried it about 15 different ways (different combinations of addresses and potential jurisdictions I could form the LLC, although I have already formed one for this purpose). The error was usually along the lines of 'it could not be processed, try again later'. I tried for about 3 days from different computers before faxing in an ss-4.

I still have not received a reply fax from the IRS, I imagine if they aren't giving me an EIN for some reason, they'd fax me and let me know.

Post: SD401k - sub-Borrower EIN Application Problems?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

I wanted to ask in case someone else came across this. I setup an SD 401k (it is a trust setup through Sunwest Trust, as recommended by this forum), a 401k plan under an existing LLC with myself as the sole employee. Both the existing LLC and the SD401k have EINs.

Now I have setup another LLC with which I plan to purchase property, with the SD 401k as the sole member of the LLC. When I apply for a new EIN at the IRS website, with the EIN of the SD 401k as the existing business, I get an error.

I have faxed in an application - which should take no more than 4 business days to process and it has been 6 business days now. I'm just wondering if anyone else had a problem like this before?

Post: 1st Apartment Purchase Questions - 24 unit

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

@David Toupin It depends on the strategy of the property. If you're talking about a stabilized vanilla property and you are raising funds in a fashion that is part of in the broadly syndicated market, this would be the most common structure:

- You would receive a property management fee if you were managing the property - best to set up a separate entity for this. This cash flow could be a good chunk of the property's profitability from your point of view (if you're getting 10% of rent, by the 50% rule you're probably getting a good 20% of the profitability, and a lot more of the cashflow, from this)

- You could charge an acquisition fee for putting the deal together, at least 1% of transaction value - if you roll this into equity, this gives you 5% of the equity on an 80% LTV transaction

- Is there normally asset management fee, typically 1-1.5%, on invested capital that would go to you, as a manager, as well

- There is normally a hurdle rate, most commonly at 9%, above which you get a performance allocation, typically 20% (much higher if this is a non-core asset and you're doing some significant value add)

If the investors are guaranteeing the loan, they'll likely be less hospitable to giving up too much profitability, as its likely their guarantee on the loan that is providing much of the capital. At the end of the day it's a person-to-person negotiation. Also keep in mind people with better track records can command higher premiums, whereas people with less experience might, depending on one's network, have to give up more of the pie.

All in all, you could wind up with 50% of the profitability of the deal, but if you tell people that upfront, they'll think you're talking about the performance allocation and you'll scare them away.

Post: Buying a house - asbestos & lead testing?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

Thanks all for the responses. It seems people didn't get the purpose of my question as I have NOT yet purchased the property, but am inquiring recommendations for pre-purchase testing as I may ask the previous owner to remediate if needed.

Lead in water - no  one seemed to have any thoughts on this? from my research it seems to be regulations regarding municipalities and what types of pipe/fittings/solder can be used. It doesn't seem that I need this tested for the purchase of a multifamily.

Asbestos - no one seemed to have any thoughts on this either? it seems no testing is mandated for testing as far as I can tell. Just remediation if asbestos is known to be present and exposed.

Lead Paint - I previously stated "I know about warning residents about lead paint, giving a brochure to new tenants, and testing if there is any lead paint if there are children living there, but any other responsibilities?". 

Thank you Derreck for bringing up the need for some sort of certificate in MA, I will research to see if there is something similar for AR.  I'll also comment that the link you posted for AR is info for "persons and firms who perform lead-based paint abatement activities and training" - not quite the topic we are discussing. Ultimately, I'm hoping the building inspector will inform me of what is needed.

Post: Buying a house - asbestos & lead testing?

James H.Posted
  • Investor
  • Cortlandt Manor, NY
  • Posts 8
  • Votes 0

Hello,

I'm closing on a multifamily (16 unit) property in Arkansas early next month. The exterior is brick, and the units/common areas have been remodeled on the high end (hardwood floors, marble, granite, etc) and no work is needed.

As the building was constructed ~1960, I wanted to know anyone's thoughts on testing for lead (in the water and paint) and asbestos, and what our duty is as landlords to our tenants?

I know about warning residents about lead paint, giving a brochure to new tenants, and testing if there is any lead paint if there are children living there, but any other responsibilities? I'm wondering the merits of paying for testing to be done prior to the purchase.