Would it be practical to have profits from rehabbing projects and wholesale assignments all under one entity? Or do these two fields each require their own company?
Would it be practical to have profits from rehabbing projects and wholesale assignments all under one entity? Or do these two fields each require their own company?
Anything where you are reselling property within one year falls under the same tax bracket and has similar liability concerns, so I personally do them under the same entity.
The issue to consider is long term holds under the same entity that is reselling properties. If you elect to classify your entity or if the IRS elects to classify your entity as a "dealer" then you will lose some of the major benefits of non-dealer status (real estate as a capital gain or loss, depreciation, installment sales, and 1031 Like Kind Exchanges).
If you are planning on wholesaling or rehabbing to retail, even with no long term rentals, dealer status is something to carefully consider with a qualified accountant.
Hey Ryan, What would be the best entity to Wholesale or Retail under? LLC or a CORP. As well as best entity to hold a property long term?
Generally, you want to handle your rehabbing and wholesalling transactions in a corporation in order to avoid getting classified as a dealer by the IRS,
For long term holds (anything greater than 12 months) an LLC is typically the preferred entity.
Greg, I have not yet found a person who could tell me how many homes officially tag you as a dealer.
Is it defined in the tax code?
Also, which Corp would be the best one for wholesaling for For good tax breaks?
Unfortunately, unless we are dealing with subdivision of raw land, the dealer test is an intent based test in the eyes of the IRS.
The main factor that the IRS would look at is whether the intent was to aquire the property and sell it for a profit within a 12 month period. In an audit this puts you in a defensive position to rebut the presumption that you intended to sell within 12 months.
Therefore, the IRS has the ability to classify you as a dealer on one transaction.
Whether you use an "S" corporation or a "C" corporation for wholesaling is really based upon many factors.
I will generally look at these issues when I am deciding which corporation would be best for my client: Is the client in a high tax bracket?; Is the main source of income coming from wholesaling properties?; Does the client have rentals?; How important are tax free fringe benefits to the client?; Does the client have a lot of real estate educational expenses?
Generally, if you are in a low tax bracket, you are not concerned about tax free fringe benefits, and wholesaling properties is your main investment revenue source then an "S" corporation is typically preferable. However, if you are looking for the best tax free fringe benefits, reimbursements for education expenses and you are managing other investment properties then a "C" corporation may be preferable.
There's not a one size fits all approach to proper planning.
There's not a one size fits all approach to proper planning.I couldn't agree more!
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com
Will B
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com
I agree, Will. Its nice to have a knowledgeable attorney stalking the forums. I'm glad to see you here Greg.
Will and Ryan,
Thanks it's good to be here. I'm enjoying in getting to participate in the forums.
Thanks Greg, your input and knowledge here is very appreciated!
...... and Will, you are not too bad yourself! :D