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All Forum Posts by: Jielu Zhao

Jielu Zhao has started 5 posts and replied 14 times.

Quote from @Mackaylee Beach:

I would speak to an attorney, double check on state regulations and review your lease requirements.

Thank you!

Hi!

I have a group of tenants who signed a joint and several lease. There was an incident between two of the tenants and one of them wanted to sublease her room to someone else. She said the other person was threatening to hurt her.

I have since interviewed the other three tenants and they have given me a different story saying it was a verbal disagreement and no physical violence of any sort, and they don't want to live with a stranger.

Now the tenant who wants to leave hires an attorney and is requesting me to release her by allowing a sublease, claiming I should do it to avoid potential physical harm to her client.

Am I obligated toaccommodate the request?

Thank you!

Post: Sell houses own by LLC to spouse

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6
Thanks, Matt.
would the transfer trigger capital gain tax? 


Originally posted by @Matt Maupin:

@Jielu Zhao

Deed the properties into you or your wife's name, refinance the property then warranty deed it back into LLC name.

Post: Sell houses own by LLC to spouse

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6
Hi Chris. Thank you for your message.
The houses are paid off. We would like to get some liquidity out but have not found a lender who is willing to do cash out refi for a multi member llc, and we don't want to give up on the properties yet.

Originally posted by @Chris Davidson:

@Jielu Zhao I do not see why it would be illegal. Would your wife or business partners wife be able to qualify solely for the loan? 

If you don't mind me asking what are you trying to accomplish doing this, other than moving business debt to personal debt?

Post: Sell houses own by LLC to spouse

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6
Hi Alvin. Thank you for the reply. I appreciate it!

Originally posted by @Alvin Sylvain:

1. Contact an attorney familiar with LLC and Tax law in your jurisdiction.

2. I honestly doubt this would work, even if it proves to be legal. Lenders aren't stupid. They'll see your wife's name on the deed and immediately ask, "ok, so what's different between you, her, and your LLC?" Then no matter how you answer, in this day and age of Covid "Abundance of Caution" they'll just deny the loan. They're not hurting for borrowers right now.

3. Everything I've heard about LLC's says to get the loans in your name, then if you want to, transfer them to the LLC. But I've also heard opinions that you most likely won't really need an LLC. I don't remember the details, but we have a BPer who handles "Land Trusts" and recommends that strategy over LLC.

4. Did I say to contact an attorney? Bears repeating.

Post: Sell houses own by LLC to spouse

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6

Hi folks,

I and my business partner own a couple of properties under a 2-member LLC. Would it be possible (legal) to sell the houses to my wife or my business partner's wife and get conventional loans while doing that?

Any thoughts?

Post: Looking for a CPA in Cincinnati OH area

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6
Originally posted by @Bill Hampton:

Jielu,

I recommend finding an accountant that specializes in real estate taxation over one that is local. You may want to consider working with your accountant remotely to expand your options.

I would also recommend looking for a tax strategist who is willing to work with you throughout the year, not just when preparing your tax return. You want an accountant that can help you strategize and who is responsive when you want to know the tax consequences of the decisions you are making throughout the year.

Good luck and let me know if you have any questions.

Bill,

Thanks a lot for your input. It makes sense!

Post: Looking for a CPA in Cincinnati OH area

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6
Originally posted by @Paul Sian:

You should talk to @Phillip Weickert

Thank you, Paul.

Post: Looking for a CPA in Cincinnati OH area

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6

Hi BiggerPockets community,

Could someone please recommend a good CPA in Cincinnati OH area that is familiar with real estate business?

Thank you very much!

Jay

Post: Will a lease to own property quality for 1031?

Jielu ZhaoPosted
  • Mason, OH
  • Posts 14
  • Votes 6

Thank you, Dave. That is very helpful.