All Forum Posts by: Jeremy England

Max lot price is relative to the market and the specific site.  For example, I'm  purchasing a parcel that I intend to divide into 3 lots and based my offer on what I was comfortable spending per lot.  However, knowing my local market I know those lots lie inside an area that requires a nutrient reducing septic system. Those cost about 11-15k each.  So you have to factor that kind of thing into the land purchase.  

Locally, in new construction, the affordable homes are what is selling.  Just doing a cursory search of listings and sold in the county, under 400k is what is moving.  Most in the 12-1600 sf range

I will dispose of the homes based on how the numbers work best.  If I can pull enough cash out with a dscr loan, I will rent.  If not, I'll sell and take the tax hit

Quote from @Ashish Acharya:

@Jeremy England If a retired senior uses a HELOC (Home Equity Line of Credit) to invest as a private lender, the returns they earn are generally treated as ordinary interest income, not capital gains—so the 20% capital gains tax rate does not apply.

Here’s the breakdown:

• Borrowing the HELOC isn't a taxable event—it's a loan, not income.
• The interest earned from lending the HELOC funds (e.g., through a promissory note or real estate deal) is considered ordinary income, taxed at the investor's regular income tax rate.
• If the investor is on Social Security, this added income can impact how much of their Social Security benefits become taxable (up to 85% of it can become taxable depending on total income).

So even though the profit feels like investment income, the IRS treats it like interest income, similar to earnings from a bond or savings account—not capital gains. A proper tax strategy and entity structure (like an LLC) could help manage tax exposure and reporting, especially for seniors on fixed income.

This post does not create a CPA-Client relationship. The information contained in this post is not to be relied upon. Readers should seek professional advice.

Very helpful.  Thank you

bottom line. My MIL has a paid off house, her only 2 sources of income are ss and an annuity. But her bills are very low.  We were thinking of ways she could earn more  through her equity. 

Quote from @Chris Seveney:

Quote from @Jeremy England:

What are the tax implications of a retired senior living on ss, but owns their home outright and wants to get a heloc to invest in real estate?

For instance.  Get the heloc, , fund a deal as a private lender, upon disposition gets a return on that money. Lets say 5-10000 every 6 months, on top of the heloc cost.  

Id that short term capital gains taxed at 20pct?  

Most likely you will not get a HELOC if you do not have substantial income, just because you own the home the banks need ability to repay. May want to consider a reverse mortgage in that situation.

To answer your question, not a CPA but typically funding as a private lender is taxed at ordinary income rates. 

Thanks.perhaps this may get complicated but If the home is titled to a living trust how does that work?  Are all the persons in the trust then considered in the income requirements

What are the tax implications of a retired senior living on ss, but owns their home outright and wants to get a heloc to invest in real estate?

For instance.  Get the heloc, , fund a deal as a private lender, upon disposition gets a return on that money. Lets say 5-10000 every 6 months, on top of the heloc cost.  

Id that short term capital gains taxed at 20pct?  

Quote from @Stuart Udis:

Ground up construction is more capital intensive. It's why buying existing buildings in any condition, particularly in what's percieved to be low barrier of entry price points are competitive.  Those purchases are often less risky, even if you over pay by a small amount.   On the other hand entry level new construction has a great deal of risk. Particularly in the smaller in fill projects you would expect an investor to jump into. The likihood of huge financial loss is certainly higher when you get into new construction.

Unless the investor plans to  self perfrom the construction (which few are qualified to do), the hired  GC must have two qualities: (1) Financial Means & (2) Wherwithal. It's extremely difficult to find both qualities in a GC looking to build a small in-fill project. Most who possess both qualities  recognize its more profitable to simply build for themselves meaning you often have to skip to larger GC's to get  both qualities and they have to be incentivized financially to take on smaller projects. Their overhead, staffing etc. is suited for larger and more complexed projects so those overhead costs are passed along. 

If the numbers work, thats great but construction defects on new construction can also be far more complicated and costly to resolve than in existing rehabs and its very difficult to hold the builder accountable unless they have a long standing track record and reputation (usually the means and wherewithal types). The timing of new development projects can also cause huge swings in material costs and changes in market conditions so its not a process anyone should jump into.

I personally relied on 3rd party GC's to build singles up to 10 unit buildings and it was a nightmarish experience. I basically had to become the GC's bank and began paying subs directly and there were a ton of errors along the way. It simply was impossible to make the numbers pencil using larger GC firms. Thats' why I made the decision to self perform construction last year. All of my projcts are sub 20 well within my comfort zone but should I get involved in a larger project than that I would feel more comfortable with an outside GC but that's ok because the project is large enough to support the overhead and pricing of the more established firm.

If you are an investor who wants to try their hand at new constriucton, I can't emphasize enough the importance of staffing. Get to know the GC well, understand their sub contractor relationships and research them.  Select a good architect. The cheapest architects often prepare the most basic set of plans the municipality allows. This often leads to confusion on the job site. Spending a little more makes the project run smoother with less risk of change orders. Lastly, make sure you are working with a bank who has  great construction administration processes. **** happens, that's just the reality of new construction and having a bank who can help you navigate those issues is incredibly valuable. Along the same lines, healthy contingency and interest reserves are important. 

 Is there no contractors licensing in your state?  In Florida, you can't be your own GC in anything other than your personal residence.  Same in Alabama

I try to be as accommodating to the permitting and planning department as I know how.   

Reviewing their online procedural content prior to submission. The land development code will usually spell out exactly what is required for whatever it is you are doing.  Uploading all the documents requested to the online application on the first go.  

Inevitably, there is always some kind of hold up.  But we are talking days, not weeks. 

Each permitting department is different.  So I think its important to review any online content that department has put out before.

If they aren't online.  Well then just go down there and be polite.  Just ask around and people usually will help you out.  

As a builder/investor, I'll give you the perception from the contractor perspective.  When they hear "investor friendly" this is what they perceive.

Investors want it done for bottom dollar, so they find the cheapest contractors.  And most times they aren't even contractors, but unlicensed handymen.  So professionals have to compete with lowball pricing.  Demand is high, so they don't want to waste their time. They've read all the BP books on negotiating and to be frank, we don't negotiate.  The price is what it is.  It costs nothing to NOT hire me.  

Investors often don't want to pay before they refi or sell so the contractor is waiting for the money; and they are more likely to be stiffed by the investor who made a poor investment to begin with. 

Investors often claim they will provide repeat business, but there are so many new investors who have no track record of that. 

Investors want contractors to give free estimates on multiple prospective projects.  estimates take time.  Time is money 

So what is someone to do?  Make it clear you'll pay for the contractors time to quote the project.  I'm talkin general contractor who has to price out multiple types of materials, multiple trade subs, deliveries, etc. A whole house gut rehab costing about 50k shouldn't be expected to be estimated at no cost.  If you are dealing directly with tradesmen yourself such as painters, plumbers, etc etc.  Then most times this should be free. 

Insist on an actual contract with a payments schedule in it.  If they don't have that, then you should question who you are doing business with.  Any professional contractor has a contract with clearly defined scope and clearly defined payment schedule. 

Don't add to the scope of the contract without the expectation costs should be added.  

Time of completion should be defined in the contract.  You add to the scope, you also add to the time.  

Speaking of contracts.  If an investor insisted I sign HIS contract rather than my own.  I'm walking away.  

If you want more professional contractors, you need licensed guys.  Maybe your state doesn't have licensing.  If that is the case, then it is what it is.  You should be vetting them anyway.  Do they have court actions against them?  Online reviews?  web page?  Legit businesses will have at least a small web presence these days.  

Know your state laws when it comes to licensing and contracts. In Florida, if you contract with an unlicensed contractor, that contract isn't enforceable.  

Third party inspections are expected.  Its your prerogative.  Never built a home that a buyer didn't bring one in.  But what does the contract specify?  Is there a finish schedule?  Has the contractor not performed in accordance to what's in the contract?  Are there defined quality standards.  I specify in my contracts that the home will be built in accordance with the NAHB performance guidelines.  That gives a defined, quantifiable standard of quality.  For instance, if the concrete cracks, it must be more than 1/4" of displacement before it is considered defective and calls for repair or replacement.  

I know Im late to the party on this post but I just finished a duplex in Pensacola.  

You need to look up the land development code in Houston and figure out what you can build by right in different zones.  For instance, in Escambia county FL, I can build a duplex by right in the Medium Density Residential zone but ONLY if the previous zoning prior to 2005 was R-3 or higher.  So its sort of confusing, but there are online GIS maps that give the current and prior zoning designations. 

AS far as a cost estimate, you can ask some local builders who have built duplexes.  Its texas, so no licensing required out there I hear.  Like the wild west in the builder space.