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All Forum Posts by: John Malone

John Malone has started 3 posts and replied 136 times.

@Yelena Korshak given how the rules under 1.469 work, its a stretch but not impossible both of you could materially participate. Id check with your tax advisor!

@Angelo Cortez number 1 won’t work. You won’t claim REPS with W2. Dozens of tax court cases on this.

STRs could work if you have the time to participate properly and manage

Post: Do I Qualify as a Real-estate Professional?

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Pete Harper seems liks it but they should be able to confirm for you!

Post: Bonus depreciation for transferred deeds

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Mo Casa no, there is not a “step up” upon transfer if that’s what you are asking. Ignoring everything else, the partnership takes the adjusted tax basis of the property

Post: Help with picking one that has the lowest fees

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Phillip Wilshire check out Horizon Trust

@Michael Plaks so agree on the last piece. If the providers are on a different cadence it can be a nightmare and this should be discussed ahead of time

Post: Looking for Real Estate Bookeeper and CPA in New Mexico

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Katrina Dividina there are many firms that offer tax advisory and full servive accounting under one roof. Some like separate but others like one stop shopping!

Post: Tracking Hours For STR

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Matthew Kauk substance over form Re 10 different cleaners. IRS will view group as 1 (from experience).

There are certain hours that do not count. Thus its best to talk with your CPA early on as many are not familiar with the regs under 1.469 for “transient” rentals.

Quote from @Crystal Dirba:

Does anyone know what counts toward material participation? I manage my own short term rental and have one cleaner who does all turnovers and another individual who cuts the grass every two weeks. I handle all communication with cleaner, lawn maintenance, and guests. I buy supplies, and keep up with pricing, do repairs, except for electrical, plumbing and A/C. I pay the bills, run financials and projections. I plan on updating my unit this year as well and wonder if my labor to update the floors and outdoor space will count towards "material participation". Thanks in advance.

The majority of that does count, yes.  Financials are hit or miss from experience. 

Post: How do rich pay zero taxes legally?

John MalonePosted
  • Attorney
  • Boston, MA
  • Posts 139
  • Votes 73

@Mary Jay yes feel free to send me a message!