RE goals -early retirement Part 4-ELIMINATE TAXES

RE goals -early retirement Part 4-ELIMINATE TAXES

Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes

Much of this thread is repost of parts of other threads and blogs from a year ago. I"ve been continually asked about this subject and there are lots of newbies on BP that may benefit from this.
I want - to start with this and then build on it. This post is strictly on taxes. The next and last one will be on Estate planning and keeping what you earn.
There are many ways to arrange your affairs to "legally" avoid income taxes. I wouldn't begin to to try and say I know all the tricks and methods, but I've tried to learn new ways throughout my career. I'M NOT AN ACCOUNTANT.

I've always spent about half the year earning money and the other half figuring out how to keep it. As I'm doing this, I realize I may be able to offer some suggestions that would help your tax situation. First- disclaimer- I'm NOT an acct., but I know a lot about the Tax Code and have beaten the IRS twice in audits and am VERY proud of it.

Here are some of the methods used.

If you have the ability to build a home and have a flexible wife, MOVE often if property is appreciating in your area. Many years ago, you could only sell your personal residence ONE time in your life, at age 55 or older and take the first 125K tax free(250K if married). This rule was changed and now ; there is no age requirement, you can do it over and over again every couple years,and make 500K EACH time tax free.I did this 4 times in UTAH, never left the neighborhood, and made about 600-700K TAX free in total . That is like after tax earnings of near a million dollars. With zero taxes owed.

Have your own business, or start a SECOND business. The reason is that you are allowed to deduct a lot of items for business purposes that you can't deduct as an individual only. YOU MUST do this!! Turn current EXPENSES into deductions. You don't have to SPEND more to save taxes. They just have to qualify as a deduction, rather than just an expense. Travel and equipment acquisition subject to Sec. 179, are big benefits in this category.

YOU MUST be in the real estate business. This is a VERY loosely defined business. Mgmt, handyman, escrow, contractors or sub contractors MAY qualify. You are limited to 25K deductions as passive losses if not "in the business." No limit if you are in the business. I take hundres of thousands in loss each year from depreciation and other write-offs, and I couldn't do this if I was not in the business.

YOU DON"T have to make any money. Take your hobby and make it a business. When it doesn't make any money, shut it down after 3 years and start another one for 3 years. The only IRS requirements are that the business needs to make money in 2 of the first 5 years. There have actually been a couple cases where the # of years with no earnings may be extended past 3 year losses. (orchards, raising horses, etc). Turn your motorhome or 4 wheelers into a rental business. Under certain conditions, you may gain additional deductions from expenses you already incur.

Write off ALL your trips. Look for real estate or a job where ever you go. Document it and set up appts. The worst case, you might be offered a better job in Hawaii. You then may deduct the majority of costs on the trip.

Buy properties where you like to visit. IRS allows you to write off expenses to check your properties twice a year. I own in Cancun and have written off 50 trips!! You may also wite off trips if you're going to a new area"to possibly buy properties". Look around, meet with a realtor, make low ball offers. Worst case is you may steal a property or two. You want to be in the real estate business for sure.

Have your kids do the laundry, wash the cars, mow the lawns(where you maintain a home office) etc. You may pay them "fair " market rate (find the highest custom wash place). They MUST do the work. Then, you tell them they get to buy their own clothes and food!! You just created tax deductions for expenses that previuosly weren't decuctible, clothes and food. If you allow your mind to wander, you'll be able to come up with additional ideas tailored to your particular situation.

Buy a computer, and depreciate it. Then give it to a kid. LEASE it back from them and you create a tax deduction!! Isn't this fun? Then the kid buys his own school lunches (or gets them free from the govt!), etc--tax deductible. You don't have to lease from Xerox or IBM, just keep accurate paperwork, write checks and document the transaction.

Buying real estate is a tremendous boon to wealth creation. To benefit from the write offs, you must be "in the business". Check the requirements for tax purposes. There is no limit to how much write-offs you can use to offset income, if in the business. Older properties do not afford the same options on depreciation. The basis is split between land/improvements. NORMALLY, as a property ages, the land value increases and the improvement value decreases. After years of ownership, the basis is no longer as beneficial as when property was acquired originally. This would be the time to consider other options with the property

1. Re-fi the property and use proceeds to purchase additional depreciable real estate. You create new additional basis and additional deductions. The re-fi funds you received are proceeds of a loan and NOT taxable in any way. This gives you a free pool of money to increase real estate holdings. You may do this over and over again for as long as you want and incur no tax consequences.

2. 1031 - After owning the properties for a long time, the basis is no longer advantageous for the amount of equity in the property. No reason to be nervous abouth a 1031 exchange. They are not difficult to accomplish when the time is right.

I'M NOT an acct. but I do know this stuff. I'm sure others have some good ideas also. I had an Acct that told me to always try to take the most deductions possible. If you can make an argument for your position, do it. Calling a tangerine an orange is a definite arguable point. Remember, it is stupid not to try and get every deuction possible. Orange/tangerine example. The majority of years, you'll never be audited and therefore, you automatically "win" on your tax return. The few times you may get audited, as long as your point is arguable, you may still win. If the audit leads to a different outcome, and your point is still arguable, appeal to an investigator or higher level auditor. Remember, in the example of orage/tangerine,both are round, orange with seeds and pulp. Calling a cucumber an orange, you may pay taxes, penalty fees and go to jail!!

I hope this post causes you to think. You have to beat the tax man to create real wealth, imo.Paying Income taxes is one of the top 4 obstacles to creating real wealth along with procrastination, spending habits and inflation.

Please feel free to add your ideas and suggestions to this post.

Good luck. Rich in FL.

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  • Mark UpdegraffBusiness Member
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 693 votes
    16y

    Thanks so much Rich! As usual, I look forward to seeing your icon on the forum with a new post!!

    I can't wait to get a house in NOLA so I can visit my lil sis and write it all off!

    Cheers,
    Mark

  • Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes
    16y

    Mark- is NOLA north Los Angeles? Go suns or anyone else that plays the lakers! Rich

  • Investor · Southlake, TX · Member since 2009 · 950 posts · 338 votes
    16y

    Rich, Thanks for all of the time and information you share with us.

    How do you pull out your living expenses from your tax sheltered income? I understand that much of your ordinary living expenses should be turned into business deductions, but do you pay yourself a fee for services to cover personal expenses?

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    16y
    Originally posted by Rich Weese:
    Mark- is NOLA north Los Angeles? ...


    Rich,

    I think it stands for New Orleans, Louisiana NO for the city, LA for the state.

  • Landlord · Seattle, WA · Member since 2010 · 3k+ posts · 1k+ votes
    16y

    Having a business opens the doors to many possible deductions. As long as these expenses can be considered ordinary and necessary for the business.

    How you structure your business can make a difference as well.

  • Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes
    16y

    Tod-my wife and I are each paid a fee by the trust for the managing the activities of the trust. The trust pays expenses etc.

    Steve- I was just kidding on the NOLA comment

  • Sean H.Pro Member
    Flipper/Rehabber · Pittsburgh, PA · Member since 2010 · 224 posts · 75 votes
    16y

    Rich,

    Great series of posts. Being young I am able to build my RE business with these strategies in mind and it is greatly appreciated. I did have a question about this though....

    Originally posted by Rich Weese:

    If you have the ability to build a home and have a flexible wife, MOVE often if property is appreciating in your area. Many years ago, you could only sell your personal residence ONE time in your life, at age 55 or older and take the first 125K tax free(250K if married). This rule was changed and now ; there is no age requirement, you can do it over and over again every couple years,and make 500K EACH time tax free.I did this 4 times in UTAH, never left the neighborhood, and made about 600-700K TAX free in total . That is like after tax earnings of near a million dollars. With zero taxes owed.

    I am having trouble understanding this. If you build/buy a house for say 100k to start with, then sell it for 200k in 2 years, you have made 100k tax free. But now when you go to build/buy a house in the same neighborhood, won't it cost you 200k to build/buy a house, thereby canceling out your gain of 100k?

  • Mark UpdegraffBusiness Member
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 693 votes
    16y

    Hey, this is my 100th post!! Looking forward to thousands more!

    Rich, can you just get it over with and write a book already

    ;-)

    you can send a signed copy to...

    Thanks for all your help, this is indeed a thread I will bookmark!
    I need to read up on ins and outs of Trusts!

  • Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes
    16y

    Mark- The object is to build a home for LESS than what you would pay to buy a finished one. It is easy to do. You basically serve as the owner builder and keep the money you'd normally pay a general contractor. I was building for cash, negotiating discounts and also trading condo usage in a Cancun condo I have to subcontractors. All of these added up to significant profit,

    To your second post---- I wrote a book and it is well documented on here. I self published and after running out of 2 printings, decided to place it as an e-book. I received good help on BP and anticipate doing this soon. You may search my blogs, posts and Meet The Investor series here on BP for a lot of background info. Good luck. Rich

  • Mark UpdegraffBusiness Member
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 693 votes
    16y

    Rich, quick question about something I've been mulling.

    I get the "no cap gains tax on primary residence if lived in for 2 years"

    Here is my dilemma: We love the house we're currently in and if and when we do move, we want to keep it in the portfolio. Since we're at the 2 year mark now, is there any way to realize these tax free profits while retaining the property? Does it make sense to do so?

    I was thinking we could sell it to a LLC that we create, but I'm wondering if that would raise flags with the IRS. Also, I'm assuming we would have to move out after doing that (rather that "renting" it from the LLC).

    Thanks much for any thoughts on this!
    Mark

  • Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes
    16y

    Others feel free to chirp in. Are you trying to stay in the house you're in? You post is contradictory on that point. You want to keep it in the portfolio, but then you talk about renting it from yourself?
    If you have enuff equity, you could refi the property, or a heloc, or a 2nd mortgage. All those would give you investment funds and none of them would be taxable. Rich

  • Mark UpdegraffBusiness Member
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 693 votes
    16y

    Thanks Rich,
    I would like to hold the property for a long time (great location, close to the largest employer & university), but due to the city schools we will definitely be moving (say 6-8 years, or sooner if warranted)

    So, when we do move we would like to keep it. I would also like to maximize the 2 year and move tax free advantage, so maybe our best move is to move now?

    Was it a pain changing residences often? I can see my wife just getting settled and me saying "2 years are up, lets start looking"

    In fact, we're not totally settled yet!!

    if we do a refi we can get cash out, but I think we could do better by moving up every 2 years.

    ug!
    I guess it comes down to stay or go

    if we do go then, is it reasonable to sell it to a LLC we create?
    The LLC would get the basis deduction, and we would get the appreciation tax free (~30K)

  • Real Estate Investor · Aurora, CO · Member since 2010 · 175 posts · 92 votes
    16y

    It definitely pays to be your own contractor. When I built my house in '99, contractors were getting as much as 40% over cost. It's a full time job if you don't hire a project manager but it's only for 6 months.

    Rehabbing is a good way to learn construction and gain confidence for the new build.

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