There shouldn't be tax consequences on a cash out refinance. If you were flipping the home and selling it, you would pay ordinary income on the gains. If you intend to hold as a rental, then you will pay capital gains rates as long as you hold more than a year.
In your case though, a cash out refinance is not a sale.
Because this is not a sale, but rather just a loan, you won't be taxed on the money you receive. The taxes you mentioned are really only triggered by a sale.
For tax consequences in general- keep in mind that rental income is taxed as ordinary income- but not subject to SS and Medicare. Also you'll be able to deduct interest expenses related to the loan.
Hope this helps!
@Alan Rohrer pretty much nailed it.
It's unclear what you mean by "do cash out re fi to their max LTV and then sell there place to avoid capital gains tax as much as possible and only pay on what's left over".
Refinancing does not affect your tax liability in any way. Your tax liability would be based on your cost basis and how long you held the asset (i.e. short term versus long term), and any mortgages and liens (refi, heloc, or otherwise) would have to be paid off in full at closing if you sold the asset.