Cosmo DePinto
Moving property from personal to LLC
27 January 2025 | 6 replies
For govvy loans, the Due on Sale clause will be available to your note holder - having an LLC take title to the deed (most commonly via a quit claim) will expose you to this clause.
Bruce D. Kowal
What REALLY Triggers IRS Attention in Real Estate Partnerships - From An Onlooker
28 January 2025 | 1 reply
Syndication Reporting IssuesMissing Form 8918 for reportable transactionsInconsistent investor disclosuresRequired registrations skippedWhat Doesn't Actually Matter:(Despite What Your Uncle's CPA Says)Special AllocationsNormal promote structuresStandard waterfall provisionsTypical developer promotesReality: Unless extremely aggressive, IRS rarely caresTechnical DocumentationMinor §704(b) gapsCapital account glitchesTechnical allocation languageTruth: Unless hiding something biggerProperty Value AllocationsNormal basis step-upsTypical appreciation splitsStandard promote calculationsReal World Example:🏢 100-unit apartment complex4 partners, $5M dealDeveloper promote structure= Zero IRS interestSame Deal With Red Flags:🏢 100-unit apartment complexHidden partner arrangementsArtificial loss allocationsUnreported debt shifts= IRS AttentionPractical Protection Steps:Basic Documentation✅ Clean operating agreement✅ Economic substance✅ Partner contributions tracked(Don't need War & Peace complexity)Economic Reality✅ Allocations match economics✅ Real money movement✅ Actual partner participationClean Reporting✅ Consistent K-1s✅ Required forms filed✅ Clear communicationThe "Sleep Well" Test:Can you explain your structure to an IRS agent without sweating?
Pratik Patel
Austin rental market investing
27 January 2025 | 4 replies
Large down payments or extreme discounts from sellers would be needed to reach cash flow neutral stages.
Jennifer Turner
How to modify terms of a seller-financed mortgage?
27 January 2025 | 10 replies
I do plan to consult my real estate attorney who handled the closing but this is his busiest week of the year, so I definitely don’t want to bug him with something that isn’t extremely urgent until after the New Year.
Moshe S.
1031 my portion or total sales price
16 January 2025 | 7 replies
Whereas if you and the other investors held ownership as TICs (Tenants in common) then you could sell your portion and do a 1031 of your portion while others did something else.
Justin Brin
Where is everyone moving to?
28 January 2025 | 9 replies
I believe that the technically correct answer is that they all moved from California to Texas and Florida, whereupon they realized that it gets extremely hot and humid in those places, has extremely variable weather, and large insects, and are now leaving Texas and Florida.
Joe S.
Is promoting buying rentals due to a conflict of interest?
28 January 2025 | 1 reply
You Might actually need to get a night job to go with their day job just to pay for repairs etc on their rentals.I realize there are some people that bought right number years ago in extremely good areas that’s singing the how smart they are song, but that is not the case for most of the landlords I have witnessed.
Randee Erickson
Blue Gate Capital - are they legitimate?
17 January 2025 | 37 replies
They just cost me a deal, and they are extremely unprofessional and unorganized, I'm not sure. how they are in business.
Sanjai Dayal
Own commercial building, I use 2 of 7 offices for medical business- pay myself?
27 January 2025 | 2 replies
I'm not sure I would get to cute trying to squeeze every time out of it now with a lease that might cause you issues in the future, but the scenario you describe is common and probably smart.