Using Other Peoples Money

Using Other Peoples Money

Member since 2019 · 3 posts · 0 votes

Good morning BP,

I have a very specific question for some of you more experienced investors. To begin I have a few deals under my belt now, I began investing last year right around the time corona virus was hitting the headlines. I am to a point now where I have exhausted my personal resources acquiring properties and I would have to wait at least another 6months or so to built up the down payment for another property. As the title indicates, I have no intentions of waiting, I want to use other peoples money. I have some close friends and colleagues who have seen my success/cash flow on my recently acquired homes and they would like to help finance further homes in return for a stake in the profits. My hypothetical question is this; if I have Friend A who wants to give me $20,000 to help finance a deal, what are my tax obligations, if any, on the money he gives me? I have spoken to lenders in my network and they say as long as the amount given to me is in an account for two statement cycles they wont be looking into it any further. But I have my concerns as far as the federal government, are they going to care about me being given money to use in deals? or does this fall under the gift tax codes? I cant really seem to find a clear answer so I'm asking here. 

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  • Investor · USA · Member since 2017 · 19 posts · 6 votes
    4y

    Hey Andrew - I am not a tax or legal expert, but on similar deals I've done to this I set up an LLC under me and my partners names with a clear operating agreement and who is entitled to what profits. So generally, if your business is buying the property you won't have to worry about a gift tax as far as my knowledge. You'll then be working with business lenders who also in my experience do not have a requirement for the money to be seasoned for 2 statement cycles or any cycles for that matter. Hope this helps, and best of luck to you!

  • Member since 2019 · 3 posts · 0 votes
    4y
    Originally posted by @Mitch Horwart:

    Hey Andrew - I am not a tax or legal expert, but on similar deals I've done to this I set up an LLC under me and my partners names with a clear operating agreement and who is entitled to what profits. So generally, if your business is buying the property you won't have to worry about a gift tax as far as my knowledge. You'll then be working with business lenders who also in my experience do not have a requirement for the money to be seasoned for 2 statement cycles or any cycles for that matter. Hope this helps, and best of luck to you!

    Good thing I created my first LLC last month! :) thanks for the input Mitch!

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    4y

    @Andrew Jackson

    The tax implications will depend on how the funds are given to you.

    Are the funds given to you as 'debt' where there is a promise to pay back the principal along with interest?
    Are the funds given to you with the promise of sharing in the profits/losses?
    Are the funds given to you with no requirement to pay it back?

    All of the above have different tax considerations.
    Best of luck

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