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All Forum Posts by: J.C. Martel

J.C. Martel has started 8 posts and replied 44 times.

Post: White Mountains, New Hampshire

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

I've been planning to buy an STR in white mountains, too. Been loosely planning for half a year or so. Looks strong by the rent to price analysis that came out recently from BP (link below). Curious if anyone can validate if the rent to price is actually favorable, or other metrics for that matter. With 20% down, can you typically cover debt service with rental income - either short or long term - or do you really need to come in with 30-40% down to break even or cash flow?


https://www.biggerpockets.com/...

Post: Real Estate Tax Strategist

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

I have a CPA that I really like, but want to meet with a different professional who has extensive real estate experience who can look at my businesses (agent, flipping, hard money, long term rentals, short term rentals) and business structures w/ tax designations, and provide feedback. I have a current structure and proposed structure that I’d like reviewed. Any recommendations on someone who would be good at that? 

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Lucas Martinez you make a good point. This thread is supposed to be about s corps for agents and agent commissions. We have deviated from the original intent by discussing s corps for properties. Apologies on causing some of that deviation. 

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Natalie Kolodij, I am not ignoring the expert discussions, I am just in the situation where I already have property in  an s corp so am seeking insight from others who also have property in an s corp. 

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Dawn Heisler - can you tell me more about your business that is structured as an s corp? How many rentals do you have? Short or long term rentals? Do you also do hard money lending, flipping, etc? Do you hold each property in an LLC with the s corp as the member as a disregarded entity or any structure like that? Do you hold title to the properties in your personal name, LLC or name of the s corp?


thank you!

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Michael Plaks do you have any thoughts on the LIMITED liability aspects of an LLC versus a corp? One of the main reasons why my attorney wants me to use an s corp is to have optimal separation between business and personal assets.

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

I also want to add that we over-estimate the protection of an LLC. Just look at what's going on right now with the truck driver in Colorado. He got sentenced to 110 years in prison because the trucking company was an LLC, not s corp or c corp. LLC does not separate business and personal liability enough for my comfort level.

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Natalie Kolodij, the statement "never keep rentals in a s corp" is misleading. After talking with my CPA and attorney tonight, an s corp makes sense for me. I am a high income earner who would be taxed at 24-32% on my day job w2 income. My main focus is to reduce my tax burden. I also actively participate in my rentals, as justified by easily clocking 500 hours of active property management and scouting, also justified by having a RE license. An s corp gives me a corporate vail that an LLC could never provide, as LLCs are limited up to insurance maximums. LLCs do not protect personal assets nearly as well as s corps. Further, the risks of s corps that I face - 1) step up basis 2) triggering a transaction upon refinance 3) passive income from LTRs - are all avoidable. I have plenty of basis in my real estate and I am not borrowing beyond my basis. I can use an LLC designated as s corp for the refinance. My real estate income can easily qualify as active.

The point is that too many real estate blogs and forums say "never put real estate in an s corp", but in reality there are plenty of reasons why you would want to use an s corp for optimal asset protection and tax strategy. Further, it is important to note that s corp is just a federal tax designation. The state entity structure can be an LLC with federal tax status as s corp.

Post: S corp for Real Estate Agent

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Greg O'Brien, only the c-corp gets double taxation, not the S-corp. I’m thinking that real estate shouldn’t be in an s corp because a refinance or 1031 exchange would trigger capital gains tax. I wish I hadn’t structured the business this way! 

Post: Refi property in LLC designated as S-corp

J.C. MartelPosted
  • Investor
  • Lawrence, KS
  • Posts 45
  • Votes 13

@Avi Garg, curious what came of this. I have a similar situation. Were you able to refinance the property that was held in the s corp and transfer to your own name without triggering taxes?