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All Forum Posts by: Michael Plaks

Michael Plaks has started 104 posts and replied 5138 times.

Post: Tax Attorney & CPA for Real Estate and Small Business - CA

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097

@Jason Williams

I would not pursue an S-corp without talking to us tax experts first. Particularly after the new tax reform. Things got more interesting and more complicated.

Post: Tax reform Q&A Thread 3 - Itemized and business deductions

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Amy Webber:

@Michael Plaks 

So in the example above - its a no go - Thank you for the reply!

Follow-up question:  For rental properties currently in service - do materials need to be both purchased and used/installed to be deductible in 2017?

For example, I have a good tenant that has requested a new screen door sometime this spring.  If I purchased the door today in 2017 and installed in in April, 2018 would the door cost be a deduction for 2017 and the installation cost be a deduction for 2018? 

Thank you!

My answer would be a textbook accountant's answer: it depends. The current rules which are interpreted by the IRS and clarified by a tax attorney leave some wiggle room. I'd say that paint and fire extinguishers bought in 2017 would be deductible in 2017 even if not used. A screen door probably should wait until installed.

Post: Tax reform Q&A Thread 3 - Itemized and business deductions

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097

@Buddy Holmes

I'm not an expert in retirement accounts. As far as I know (but it may not be enough), you cannot make a QCD from 401k. But I do not see any problem with a rollover from 401k to an IRA, followed by a QCD. Rollover is not a distribution.

Again - do not take my opinion without a second one. 

Post: Using Per Diem for Meals and Lodging Instead of Actual

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Eric C.:

Is it possible to use IRS per diem amounts for both meals and lodging when visiting OOS rentals for allowable business related activities?  I just want to simplify my record keeping and don't want to keep track of every little expense.

 Yes for meals. No for lodging.

Post: Airbnb Taxes for Rental

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097

The rule that @Basit Siddiqi described applies to a home that you own. I cannot be 100% sure without some research, but I do not believe that it can be used for a home that you rent.

I recommend that you report income on Schedule C, but yes, you can offset the income with the rent you paid during the time that the place was available for rent (i.e. advertised and not used by you). You can also deduct other misc expenses - like advertising, supplies etc.  It may even create a deductible loss, if your intention was to make money from AirBnB.

Post: Wholesaling and taxes

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Carter Bushman:
Hey all,

I’m working on wholesaling right now and to be honest I don’t know much about taxes. I’ve only had to do my taxes once or twice and only through turbotax and such. Is there a certain percentage of my wholesaling profits I should expect to pay for taxes?

Looks like you're talking about setting aside taxes for your future profits.

First, let's define "profits." It's all your assignment fees MINUS all expenses - such as marketing, education, driving (a big one!) etc. Whatever is left after these deduction is called net business income, or unofficially profit. It will be subject to 3 taxes, as @Basit Siddiqi explained: Federal income tax, Utah state tax, and Federal self-employment tax (Soc Security + Medicare). 

Together, they end up being anywhere between 15% and 40%. A rule of thumb is to set aside 1/3 of the net profit. Since you do not know your expenses, then you can instead use 1/4 of gross (before expenses) income. In other words, set aside 1/4 from each assignment check for taxes.

Good luck wholesaling! Tough to start, but could be rewarding.

Post: Tax reform Q&A Thread 1 - Pass-through and 20% deduction

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Gary Li:

I have a question, I am planning the living trust now, and I plan to transfer the Rental properties from my name to the living trust, my question is: for the tax point of view, the rental properties under my name vs under the Trust name, is there any difference? I mean do I still can deduct all expenses, repairs, mortgage Interests. property tax, and the freebie 20% of the net income?

Thanks

 No change for taxes

Post: Primary residence and renting - 20% pass through deduction?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Michael O'Brien:
I just bought my first house and was wondering if it would be beneficial to make it an LLC for the 20% pass through deduction. My girlfriend is paying half the mortgage which would come out to a bit over 5k per year.

Should I make her a formal renter and setup an LLC for the deduction?

However you cannot take the new standard deduction of ~12k on top of the 20% pass through deduction correct? If that’s the case then it would not be beneficial to do the above yet

The 20% deduction is for businesses, including renting for income. You cannot (legally) create it on your personal residence, even with your girlfriend involved.

Post: Wholesaling in multiple states. Taxes, Corporations...

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097
Originally posted by @Kenneth Kappelmeier:

I was under the impression that a corporation can own property, buy and sell that entities property, in any state and that you would not have to register that corporation in the state the property is owned. For instance LLC registered in another state and I live in Arkansas and wholesale, I would not be required to register that LLC in Arkansas as well. Is this faulty information?

I'm not an attorney, but your information appears faulty:

https://law.justia.com/codes/arkansas/2010/title-4/subtitle-3/chapter-27/subchapter-15/t/4-27-1501

Post: Taxes and renting a room out in my home?

Michael Plaks
#1 Tax, SDIRAs & Cost Segregation Contributor
Posted
  • Tax Accountant / Enrolled Agent
  • Houston, TX
  • Posts 5,193
  • Votes 6,097

@Chris C.

No difference on taxes. And creating an LLC for house hacking is probably an overkill.