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Mindy Jensen
  • BiggerPockets Money Podcast Host
  • Longmont, CO
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Want to Talk Tax? Upcoming Podcast Episode Needs Your Questions!!

Mindy Jensen
  • BiggerPockets Money Podcast Host
  • Longmont, CO
Posted Feb 8 2018, 16:39

An upcoming episode of The BiggerPockets Podcast will feature BOTH @Amanda Han and @Brandon Hall answering YOUR questions about taxes - the new tax laws and how they affect regular people AND real estate investors.

What do you want to know? Ask away!

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Eric Groos
  • Four Seasons, MO
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Eric Groos
  • Four Seasons, MO
Replied Feb 15 2018, 17:39

Thanks Donald, however, I'm more concerned about my income tax and capital gains tax liability on receipt of the money.

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Donald S.
  • Accountant
  • Saint Louis, MO
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409
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Donald S.
  • Accountant
  • Saint Louis, MO
Replied Feb 15 2018, 20:29
Originally posted by @Eric Groos:

Thanks Donald, however, I'm more concerned about my income tax and capital gains tax liability on receipt of the money.

 As far as you paying income or cap gains, if it's classified as a gift, the recipient never pays taxes unless the donor would be required to pay and doesnt. Although it's takes quite a substantial lifetime amount to have to pay. (Currently 5.49 million lifetime gifted iirc) 

So under normal circumstances you should be able to accept a gift and pay no taxes, income or otherwise. Although like I said, confirm with your CPA. 

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Nikhil Radheshwar
  • West Bloomfield, MI
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Nikhil Radheshwar
  • West Bloomfield, MI
Replied Feb 15 2018, 22:10

I hear new tax laws have no negative impact on commercial real estate investment since the tax limitations are limited to residential investment properties e.g. tax deductions limitations, flow thru restrictions etc. is that true.

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Nikhil Radheshwar
  • West Bloomfield, MI
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3
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Nikhil Radheshwar
  • West Bloomfield, MI
Replied Feb 15 2018, 22:11

Does  new tax law impact deductions for residential investments and not commercial.

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Nick Ardner
  • Delphos, OH
0
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1
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Nick Ardner
  • Delphos, OH
Replied Feb 16 2018, 05:10

What is the best type of business to set up before beginning investing in real estate? LLC, LLP Corp, etc.

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3
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Dave Wojcik
  • Rental Property Investor
  • Chicago land
0
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3
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Dave Wojcik
  • Rental Property Investor
  • Chicago land
Replied Feb 17 2018, 08:28
My wife has started a side hustle business in online graphic arts sales/design. she is making a substantial amount doing this. We registered her name with illinois as a sole proprietorship. with this said, can we sell other products/ acquire rental properties keeping it all under this company name and make all profits qualify for The 20% tax break? if not what would be the correct way to pursue this? create multiple sole props?

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Fernando Cardona
  • Spring Hill, FL
1
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16
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Fernando Cardona
  • Spring Hill, FL
Replied Feb 17 2018, 16:08

Private lending tax implications when using line of credit.  Suppose you lend at 10% and use a line of credit from a bank at 6%.  Regarding the tax implications would you be subject to paying the difference in taxes. Say 4%?

Also tax implications in general on private lending, recommendations on how to keep track the amount to pay on taxes.

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Axel Meierhoefer
Pro Member
  • Rental Property Investor
  • Escondido, CA
550
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676
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Axel Meierhoefer
Pro Member
  • Rental Property Investor
  • Escondido, CA
Replied Feb 17 2018, 23:30

Will interest form HELOC's that are used to finance real estate or renovations till be tax deductible?

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Brad Rondeau
  • Laguna Hills, CA
5
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47
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Brad Rondeau
  • Laguna Hills, CA
Replied Feb 18 2018, 09:59

Depreciation Recapture. What happens when I have owned a rental property for 7 years  and have depreciated it by say $10,000 each year.  When I sell it will I have to pay back all the taxes on the depreciated amount at my full tax rate - fed plus state.  Any strategies to lessen the tax bite?  I probably won't do a 1031 exchange as it just kicks the can down the road.

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Harry Asnien
  • Investor
  • Mandeville, LA
13
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75
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Harry Asnien
  • Investor
  • Mandeville, LA
Replied Feb 18 2018, 12:03

I’m about to sell a duplex that I live in and rent the other side out. How is that handled from a 1031 perspective? Can I 1031 the gains from the rental side but not the primary residence side?

I have only lived in it for a little over a year, so a personal exemption on cap gains isn’t possible.

Cheers!

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Pete S.
  • King Of Prussia, PA
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24
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Pete S.
  • King Of Prussia, PA
Replied Feb 18 2018, 15:51

With regards to the 20% pass through deduction in the Tax Cuts and Jobs act: What is the best way to uncouple depreciation from rental income to maximize the 20% deduction on pass through business income while also still taking the depreciation? 

Was thinking one entity to collect rent and another to hold and depreciate?

Big fan of both your blog posts and podcasts, thanks for the nuggets!

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Skyler Holloway
  • Bend, OR
6
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22
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Skyler Holloway
  • Bend, OR
Replied Feb 18 2018, 16:43

How does the most recent tax plan shift YOUR real estate strategy? I understand the changes and how I'm considering my own portfolio, but I'd like to hear others' thoughts as well. 

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9
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1
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Ashley Jeffers
  • Rental Property Investor
  • Charlotte, NC
1
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9
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Ashley Jeffers
  • Rental Property Investor
  • Charlotte, NC
Replied Feb 18 2018, 17:14

is the time you spend on your business tax deductible?  I understand mileage, office supplies, business-related lunches, etc. but what about hours? I heard of you spend 750 hours during the year, you can deduct up to $25,000. 

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18
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Anup Shah
  • Investor
  • Seattle, WA
6
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18
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Anup Shah
  • Investor
  • Seattle, WA
Replied Feb 18 2018, 19:36
how does tax work in partnerships when one partner is funding down payment and they are sharing rental profits.

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10
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2
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John Collier
  • Rental Property Investor
  • Los Angeles, CA
2
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10
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John Collier
  • Rental Property Investor
  • Los Angeles, CA
Replied Feb 18 2018, 20:24

Looking into different legal entities, (LLC, LP, S-Corp, Series LLC... ) what are the tax benefits that can be realized in one entity that would not be the case in the other? (Depreciation, profit/loss, expense basis...) does it matter if you do more flipping, rentals, brrrr... Thanks BP! 👍🏼

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63
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12
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Deepika Tandon
  • Investor
  • Chico, CA
12
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63
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Deepika Tandon
  • Investor
  • Chico, CA
Replied Feb 18 2018, 21:27

I am not sure how would one qualify as a real estate professional?
What kind of activity ( searching and going to look at property with realtor, discussing growth with property mgmt, going to local REI meet-ups to network, advertising for vacant rental, printing , folding and sending letters to potential sellers, working with CPA)
qualify?
Do one just record the hours?
I have a catering business and my husband has a W-2 job.
My business is seasonal so I spent considerable time doing lot of these activities and more.
Just like to know the qualification of real estate professional.

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JT Crownover
Pro Member
  • Investor
  • Brandon, MS
23
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55
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JT Crownover
Pro Member
  • Investor
  • Brandon, MS
Replied Feb 19 2018, 07:14

I would like to hear her talk about taxes and depreciation on newly constructed rental properties. With a new build we will have a cost basis for every part of the property. Which Items can I accelerate depreciation? Any other benefits that I may not have realized about newly constructed properties? Since most of the things talked about on BiggerPockets is existing property purchases.

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Peter Morrissey
Pro Member
  • Rental Property Investor
  • Syracuse, NY
11
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66
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Peter Morrissey
Pro Member
  • Rental Property Investor
  • Syracuse, NY
Replied Feb 19 2018, 08:07

Ch-ch-ch-ch-changes... Makes the most sense to me to focus primarily on the recent changes to the tax law and how we can best leverage them, in my case in regards to buy and hold rentals. There is already tons of information in the forums, books etc. on the basics.

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58
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Mike Hottinga
  • Lake Havasu City, AZ
23
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58
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Mike Hottinga
  • Lake Havasu City, AZ
Replied Feb 20 2018, 06:18

Clarity on taxes pertaining to house hacking would be nice. My tax lady has not inspired me with confidence this year on my taxes. I have a 3/3 SFH and rent 2 bedrooms out. 1075 is roommate rental income and mortgage is 1250.

I plan to buy a duplex or fourplex this year as my next house hack and do it a few more times before I look to small commercial multifamilys.

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Charles H.
Pro Member
  • Rental Property Investor
  • Huntsville, AL
39
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93
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Charles H.
Pro Member
  • Rental Property Investor
  • Huntsville, AL
Replied Mar 8 2018, 14:59
Originally posted by @Charles H.:

I am currently looking for my first deal. If a deal fell through during inspection, can I somehow deduct all the money spent for this deal (travel, inspection cost, etc...) ?

Thanks for this upcoming podcast!

Thanks @Brandon Turner and @Scott Trench for asking my question! 

Very informative episode again.