How to set up profit-share between investor and contractor?

How to set up profit-share between investor and contractor?

Residential Real Estate Agent · Mt. Pleasant, SC · Member since 2010 · 257 posts · 130 votes

I'm trying to get a REO under contract, cash purchase. I have a good contractor that will do all the rehab, and in return I will split the profit with him (not sure on the % yet). What's the best way to set this up from a legal/tax perspective? I just want to make sure that I don't end up with the entire tax burden. Could we hold joint title? I'll obviously consult a lawyer, but I figured I'd check the wealth of info here first.

Thanks,

Chris

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Investor · Reston, VA · Member since 2011 · 683 posts · 191 votes
14y

I'm not understanding why you would want to do this Chris. The real work is finding the deal and coming up with the cash, not hiring a contractor. I wouldn't be inclined to give the contractor a piece of the deal. He's a worker bee not a deal procurer. Why should he get more than the fair cost of his work? Now, if he brings you the deal...there may be something to talk about.

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  • Real Estate Investor · Chicago, IL · Member since 2008 · 318 posts · 30 votes
    16y

    I would be interested to in knowing more about this.

  • Flipper/Rehabber · Spokane, WA · Member since 2011 · 123 posts · 71 votes
    14y

    As would I. Does anyone have any info on this? How did it work out for you Chris?

  • Investor · Fort Worth, TX · Member since 2011 · 1k+ posts · 450 votes
    14y

    Why couldn't you just account for the percentage you pay the contractor as an expense when you file your taxes using a 1099 or other appropriate tax form?

  • Real Estate Broker · San Diego, CA · Member since 2009 · 119 posts · 54 votes
    14y

    Explain a little more what your intention is of doing this and why?

    Is it a partnership in the sense that you find the deal and he fixes it?

    If so is how much capital is each putting in?

    If there is a loan who is getting and signing for it?

    Or...
    Are you just trying to set up a situation where you own a property and as an incentive for the contractor doing a great job you want to incentivize him?

    In that situation I will many times have a bonus clause for coming in on time and budget and a liquidated damages of approximately what my carrying costs are per day he is late after our agreed upon date.

    With this method its important to give an appropriate time extension for any change orders.

    You are not going to pay his taxes. Make sure he has a license and before he starts get him to fill out a 1040 so you can send him a 1099 at the end of the year.

    I apologize if I'm rambling and hhave grammatical errors. This messge is written from my cell phone

  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    14y

    Why not use a joint venture agreement?

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    14y

    Simple a Joint Venture agreement as Dave T said. Or you can formally create a partnership or my preference is an S-Corp. Helps limit the SE liabilities.

  • Real Estate Investor · Walled Lake, MI · Member since 2010 · 121 posts · 66 votes
    14y

    I agree. Use a joint venture agreement with either the two of you as partners, or your two companies as partners. Profits would be split according to the agreement in the JV and the both of you would handle profits through either your company or personal tax returns.

  • Investor · Reston, VA · Member since 2011 · 683 posts · 191 votes
    14y

    I'm not understanding why you would want to do this Chris. The real work is finding the deal and coming up with the cash, not hiring a contractor. I wouldn't be inclined to give the contractor a piece of the deal. He's a worker bee not a deal procurer. Why should he get more than the fair cost of his work? Now, if he brings you the deal...there may be something to talk about.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    14y
    Originally posted by Curtis Gabhart:
    ... before he starts get him to fill out a 1040 so you can send him a 1099 at the end of the year.
    ...

    In order to issue a 1099 at year's end, it's not a 1040 you want to get filled out, you want a W-9 form from the IRS to be filled out.

  • Investor · Cincinnati, OH · Member since 2010 · 1k+ posts · 928 votes
    14y

    I would assume it's a scenario where the contractor is contributing labor and materials worth an agreed upon amount, entitling them to a cut. Nothing else makes sense to me.

  • Real Estate Investor · Chicago, IL · Member since 2008 · 318 posts · 30 votes
    14y
    Originally posted by Cheryl C.:
    I'm not understanding why you would want to do this Chris. The real work is finding the deal and coming up with the cash, not hiring a contractor. I wouldn't be inclined to give the contractor a piece of the deal. He's a worker bee not a deal procurer. Why should he get more than the fair cost of his work? Now, if he brings you the deal...there may be something to talk about.

    Cheryl,
    You dont think a contractor who will do the work without getting paid upfront is a good deal? Do you know how much contractor costs are for a rehab? What if the REO doesnt sell right away, he wont get paid. If people are doing 1-2 deals a year and you have the means to sit while your money is tied up in this 1 project then yeah dont do it, but if your a person who does multiple houses at a time those expenses/holding costs can add up like crazy.

    Its not about the workers, coming up with cash, or "finding" the deal. Its about making a deal while minimizing your risk as much as possible and in my opinion using the least amount of your own cash as possible. A contractor who is willing invest his time and money with your project deserves to be compensated for it. (If the deal is suitable).

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    14y

    You could set up a formal partnership or you could issue him a 1099 in exchange for the amount. I personally prefer the LLC as a partnership in this scenario.

  • Real Estate Investor · Chicago, IL · Member since 2008 · 318 posts · 30 votes
    14y
    Originally posted by Steven Hamilton II:
    You could set up a formal partnership or you could issue him a 1099 in exchange for the amount. I personally prefer the LLC as a partnership in this scenario.

    I like the way you think Steven.

  • Investor · Reston, VA · Member since 2011 · 683 posts · 191 votes
    14y

    Adrian,

    If cash is a problem, then maybe this is a reasonable avenue to take. I've never had this issue and my contractor is already fairly compensated. If this is what you need to do, then have an attorney draw up a contract that you can use when needed.

  • Real Estate Investor · Chicago, IL · Member since 2008 · 318 posts · 30 votes
    14y
    Originally posted by Cheryl C.:
    Adrian,
    If cash is a problem, then maybe this is a reasonable avenue to take. I've never had this issue and my contractor is already fairly compensated. If this is what you need to do, then have an attorney draw up a contract that you can use when needed.

    Cash doesnt always have to be an issue for this to work. Im not saying this is what I need to do but (big picture) if there were more contractors willing to share the risk with us the flipping game would be very different today.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    14y

    On several f my properties, a contractor that I work with and I split profits. I purchase everything down to the materials. This however gives him incentive to get the property done correctly and make everything look nice. The profits are 70/30; however you have to remember that I'm not paying for labor up front.

    Adrian, I'm sure there are plenty of contractors willing to work this way; however, you need to have some type of relationship with them. For example, the guy I work with is a friend of my brother in law.

    In Illinois the Series LLC, makes it easy to start a brand new business on a whim for a measly $50

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