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All Forum Posts by: Jake Hottenrott

Jake Hottenrott has started 5 posts and replied 246 times.

Post: Single or Partnership?

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

I've worked with family members before in REI. The key is to lay out every detail about who will be doing what in the operating agreement. Most of my deals were 50/50, they came with money, I came with deals and time to get them up and running. With your particular situation, it sounds like you are each coming in with a little of both. If I were you, I'd sit down and plot out every aspect of a potential deal and the key decision points and determine who or how you will make the decision, what happens if additional capital is needed, who picks wall colors, who finds tenants, etc.. The other key piece of any deal is to have a timeline and planned exit strategy. When you have made the decisions about who will do what, make sure that the agreement is read together, dated and signed and that you each have a copy. Agreements is writing don't go awry as much as "handshake" deals with vague conversations about who does what do.

Post: Depreciation

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

You will want to make sure that in the closing documents the price paidfor the building and the appliances is specifically stated.  This is where the basis for depreciating the asset comes from.

Additionally, if you are looking at higher value properties you may want to consider a cost segregation study to further accelerate depreciation.  Talk to your CPA if this would be an option for you based upon the specifics of your situation.

Post: Form 1120

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

Just to clarify a bit for the upcoming 2017 tax season (2016 tax filings).  For 1120S filings, the deadline for calendar year filers is still March 15.  If you are a C-Corp 1120, the new deadline for calendar year filers is April 15. 

AICPA - Due Date Table

Journal of Accountancy - Explanation of Due Date Changes

Post: Asset Protection and Privacy in Southern Illinois

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

@Jeff Hursey, as a CPA and Insurance Agent I know that there are always a few different ideas and paths on what people want to do and how to do it. I think for the starting investor, you would want to hold off on spending the money on the LLC, especially as much as they cost in Illinois (starting at $500) compared to a state right next door, Missouri (starting at $50). Additionally, you can get better terms from a lender for a buy and hold when it's in your personal name. If I had to do it all over, I'd buy my first few properties in my own name for the better terms and buy a larger personal umbrella policy to cover me on liability.

As I grew, I'd look to add the LLC (or C-Corp) used in conjuction with an Illinois Land Trust depending on my activities.

Illinois Land Trusts can be read about in more depth here IDPR - Land Trusts

Post: LLC

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

As a CPA, my advice is that a LLC is not necessary, but there is a time and place for everything. As @Account Closed said, talk to a CPA to figure out if it makes sense for your situation!

Post: Property Basis Calculations

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

Just to throw this out there as clarification for anyone reading this thread, the IRS defines the Basis of Assets in Tax Topic 703 as follows:

"Topic 703 - Basis of Assets

Basis is generally the amount of your capital investment in property for tax purposes. Use your basis to figure depreciation, amortization, depletion, casualty losses, and any gain or loss on the sale, exchange, or other disposition of the property.

In most situations, the basis of an asset is its cost to you. The cost is the amount you pay for it in cash, debt obligations, and other property or services. Cost includes sales tax and other expenses connected with the purchase. Your basis in some assets is not determined by the cost to you. If you acquire property other than through a purchase (such as a gift or an inheritance), refer toPublication 551, Basis of Assets, for more information. If you acquired your property from an individual who died in 2010, special rules may apply to your calculation of basis. In addition to reviewing Publication 551, you may need to review Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010."

I've never heard of an arbitrary step up in basis.  If you could arbitrarily create your tax basis on a perceived value, why would anyone ever pay capital gains? All step ups in basis are due to an event that has occurred.   The amount of transfer tax from your county recorder is based on the locally assessed value or actual amount of value transferred and is completely different than your IRS tax basis.  I'm sure the county was happy for you to arbitrarily raise the transfer value and pay more tax than required.  As a CPA, I'd be very interested to hear if your CPA comes up with any different answer and what research, IRS publications or Revenue Rulings they use to support their stance.

Until then, I recommend anyone reading this to use your purchase price and the applicable adjustments to basis as your tax basis.  As always, consult your CPA for your specific situation.

Post: Quickbooks a requirement?

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

@Account Closed, I think any CPA will tell you that clean records from any source (Excel, Quickbooks, Quicken, etc.) are the best type.  I recommend that you meet with a CPA prior to beginning the purchase process.  Not only will you get advice on how to keep clean books, but you will also get business entity structuring advice(or if you even need a business entity) as well as tax planning advice that should pay dividends in the future.

Best of luck and happy new year!

Jake

Post: Newbie from Southern, Illinois near St. Louis, Missouri

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

@Gene Jordan - Welcome!  Glad you are on here!  Definitely keep us up to date on your progress with your alternatively built home!

Post: Is a wholesaler a real estate dealer?

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

@Cameron Ellis The IRS does not have a "magic number" of flips to be a dealer. Based upon tax court cases, there are questions to ask that boils out the true INTENT of the investor which determines if the person is a dealer.  This list is a bit lengthy, so I won't go through it here.  Additional info below:

Per IRS Pub - 334 - Tax Guide for Small Business (Sch C and C-EZ)

"Real estate dealer. You are a real estate dealer if you are engaged in the business of selling real estate to customers with the purpose of making a profit from those sales. Rent you receive from real estate held for sale to customers is subject to SE tax. However, rent you receive from real estate held for speculation or investment is not subject to SE tax."

Also, congrats on getting ready for tax season ahead of time!  Your future CPA will love you! 

Post: Newbie from St. Louis, MO

Jake Hottenrott
Pro Member
Posted
  • CPA
  • Belleville, IL
  • Posts 255
  • Votes 269

Kristine,

Welcome to the forum, we have a lot of active members here in St. Louis.  Don't feel shy about asking any questions!  Everyone is pretty helpful on these boards!

Best of luck,

Jake