Structuring a partnership - tax benefits for A/cash flow for B

Structuring a partnership - tax benefits for A/cash flow for B

Investor · Advance, NC · Member since 2016 · 79 posts · 61 votes

I had a partnership proposed to me by an acquaintance in regards to buying and holding rentals. SFH and small MF. He is largely wanting to be a money partner for tax benefits. He needs some tax write-offs and I need cash flow. I have only limited experience with partnerships and have tended to be a bit of a lone wolf when it comes to my rentals. However this is a person I would have a great deal of confidence in and would love to work something out for both of us.

1) How do I write this up with most of my input being acquisition, management and possibly some funds. I need cash flow primarily at this point and tax benefits are secondary.

2) Most of his input is funding with. He would like the tax benefits primarily. 

3) He wants to buy and hold indefinitely but I think we should address an exit strategy. 

Is this scenario more normal than I think it is? Can anyone offer me some real world examples and numbers?

@Alex M.   I'm still digesting your comment on a previous thread in regards to a partnership. I'm thinking something like that could work. I'm just not sure how the taxes and everything would work out on it yet. I'll need to educate myself a bit more on that. 

Thanks

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  • Investor · San Francisco, CA · Member since 2015 · 302 posts · 206 votes
    8y

    This has 'talk to a attorney' written all over it. You need a partnership agreement with all of the answers to all that written out. I'm doing the same thing at the moment and we are forming a new LLC with a specific partnership operating agreement for the specific deal in question that answers all those kinds of questions.

    I don't know if this is germane to your situation but one thing I learned is that every partner has to be an active member in the deal because if a partner is just passively putting in money then it technically becomes a security which means you need a securities lawyer and things get more complicated... and expensive. 

  • Investor · Advance, NC · Member since 2016 · 79 posts · 61 votes
    8y

    @Nicholas Lohr Thanks...this was about the conclusion I've come to.  I'm meeting with him today to try to figure out exactly what the questions are then we'll try to get the answers written out. He does have a good eye for design elements ect, so we'll probably try to incorporate enough of that into the deal to qualify him as active.

    All the best! 

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