HELOC, LLC, Taxes - Looking for clarity

1 Reply

Hello BP - I am new to REI with 10 yrs experience. After renting my wife's former house for ten years we are ready to take the plunge and begin investing in Real Estate wholeheartedly.

The information I have found on BP has been incredible and from what I have learned I want to keep as much of my money as I can in my pocket and not tied up into any one property. Because of this, I have applied for a HELOC. When I first heard of this strategy it seemed like a no brainer. Get the LOC, use it to buy cash and rehab, rent it out and refinance to pay off the loan (either find a bank willing to do so immediately or let the property season for a year).

We are also going to LLC to protect our personal assets which seems an obvious move (even though we never did with my wife's rental).

I have run into a couple of potential hurdles in regard to this strategy and am eager to hear what the BP community thinks.  

They are:

-If I purchase the property in my name and then transfer to an LLC the bank can call the loan at any time. I've heard that this doesn't happen very often but the example that has me worried is if my loan is sitting at 5% in 15 years and the rates go WAY up to 15%-18% the bank may call my loan in an effort to raise quick cash.

-The answer to the above issue is to purchase originally through my LLC. I am curious as to how that is done. Do I fund the LLC and provide proof of funds that way?

-Finally, if I do purchase the home in the name of the LLC and need to take rent payments from the LLC to pay the loan, wouldn't that be taxable income? Even worse, if I refinance the property (owned by the LLC) and then take that money to pay off the HELOC loan is that also considered income and taxable as well?

I understand that there will be taxes to pay and that I need to speak to a professional before moving forward but am interested in some direction from those who have been there before.

There are a lot of you out there doing this so I promise to keep Dancing With the Stars at bay while I await your answers.

Thanks in advance for your responses.  

Greg

Hi @Greg Campbell ,

I'm no pro, but from what I've read and heard from people smarter than myself, is that you can fund the LLC with your own money, but you'd need to keep detailed record of everything going in and coming out of such an account.

Anything earned by the LLC is taxable income since LLC's have pass-through taxation so even if you didn't use the rent income to pay the loan, you'd still be taxed.

Once again, I'm not tax pro, but I don't believe equity (cash-out refinance) is taxable as it is borrowed money and not income. But as you have already stated, it's best to speak with a licensed tax professional in your area to get the finer details.

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