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All Forum Posts by: Jocelyn Canfield

Jocelyn Canfield has started 9 posts and replied 40 times.

are they always third THursday?

Hi, I just messaged you on another forum. When is the next meeting?

Post: Real Estate Agent in Lehigh Valley, PA

Jocelyn CanfieldPosted
  • Easton, PA
  • Posts 42
  • Votes 14

@Justin Brown what is the meet up you are referring to? I am looking for a real estate investors group.

Post: Lehigh valley lending questions

Jocelyn CanfieldPosted
  • Easton, PA
  • Posts 42
  • Votes 14

@Matt A., This is for a 5+ unit, so Embassy is offering 5-year fixed on 20 yr amortization until they actually do underwriting. may fix a little longer and amortize to 25 depending on the deal. I'd really rather have longer fixed period

Post: Lehigh valley lending questions

Jocelyn CanfieldPosted
  • Easton, PA
  • Posts 42
  • Votes 14

If I can jump in on this post, does anyone have any other recommendations for commercial lenders in the lehigh valley, Allentown Bethlehem Easton area? I haven't jumped into any commmercial multifaily because I want a longer fixed term than anyone is willing to give.

Originally posted by @Linda Weygant:

@Jocelyn Canfield 

1. You'll want to keep your passive income (rentals) in a separate LLC from your other active income (agency + something else business).

2. Simply pushing rentals into an LLC has no bearing on SE tax, nor on capital gains. I'm a little concerned that your current accountant may not be the right accountant for you if that was their first comment to you as it shows kind of a big lack of understanding as to how LLCs work in association with rentals.

3.  If you said that you were thinking of combining your rentals into your regular active business, then your accountant is definitely barking up the right tree with concern about messing up the passive nature of your rentals.  Owning rental properties in an S or C Corp is generally not a good idea except under a very specific set of somewhat rare circumstances.

Linda he was suggesting that I need to be a formal entity to get the 20% and when I was talking about real estate LLC I think he was suggesting that being a licensed agent could jeopardize the passive nature of the investing. is there risk of that?

Originally posted by @Michael Plaks:

@Jocelyn Canfield

I second what @Linda Weygant said, adding one more comment.

LLC also does not have any effect on your eligibility for the new 20% deduction. Besides, this deduction is calculated off of the NET income: rent minus all expenses minus depreciation. For most properties with mortgages, this number is negative, so the 20% deduction is a non-issue.

thanks to both of you. I would never combine my primary business with the rentals. I only have one mortgage on the rentals and the rest free and clear so I do have net income and he does not seem convinced that I am eligible for the 20% because the rentals are investment and not an entity. I said that a sole prop is pass through. he is waiting guidance on this since it isn't relevant this tax year. I have been considering LLC for rentals but see so many mixed opinions it is hard to decide. as to real estate agent, that would be 1099 income but unsure if I need an entity as I would be being paid by brokerage. I guess that would just go on separate schedule C.

I am wondering same about  new accountant more versed in rental props. but I have been with him close to to years

Originally posted by @Linda Weygant:

Rentals are one of a million different businesses that can be run through the structure of an LLC. In general, when products or services are being provided through an LLC, the profits are going to be subject to Self Employment taxes. That applies to everything from a real estate agent to a sandwich shop to a dog groomer.

Rentals are special. You can run them through an LLC, but the Self Employment aspect won't apply due to their passive nature. (Same goes for making loans out of an LLC or holding tax liens or other paper - it's all passive). Pub 3402 is going to apply to 99% of LLCs. Topic 425 is specific to passive activities and will trump much of the generic information that is in Pub 3402.

As far as how to figure out which information takes precedence when you come across conflicting information - it's tough to hand out a flowchart on.  I went to school for 4 years and have 20 years in the industry to understand these types of nuances.  It's a bit like asking "how do I know how to program a computer" or "how do I perform an operation on a human being" or "how do I build a rocket ship".  

Linda, I currently own 8 rental units and have a full time self employed business doing something else. I am getting my real estate license so that I can show myself properties of interest for investment and also for disposition of my primary residence this year. I was also considering an LLC structure for the rentals for greater protection and to ensure I am eligible for the 20% income deduction from the Trump tax plan. My accountant feels I am potentially exposing myself to self-employment tax assessments on rental income as well as ineligibility for preferential long-term capital gains tax treatment on dispositions. Thoughts?

Post: Looking for attorney in PA with short sale experience

Jocelyn CanfieldPosted
  • Easton, PA
  • Posts 42
  • Votes 14
Originally posted by @Patrice Penda:

@Jocelyn Canfield Are you not using an attorney to close on this transaction?

 That is what I am looking for. I don't have an agent or attorney at this point. 

Post: Looking for attorney in PA with short sale experience

Jocelyn CanfieldPosted
  • Easton, PA
  • Posts 42
  • Votes 14

I previously posted on this forum about purchasing in a short sale with the OWNER/SELLER acting as agent on the deal. He is licensed but the guy is clearly shady. Would just like to consult with attorney on this process to ensure I am protected. Also want to know if there is any way to protect myself against possible exclusions from title insurance that could bubble up after closing, like mechanic's liens. Not sure if I can ask seller/agent to sign an agreement that he will accept anything that comes back after the fact. But this guys seems to know how to manipulate the system and I want to be protected