Note Investor Taxes / CPA - Non-performing specifically..

12 Replies

I imagine there are some very specific tax strategies for non-performing note investors. 

For example, if you purchase a $500k legal balance (unpaid principal + accrued interest/fees) for $200k, then rehab and sell the property for $300k, can you write off the uncollected $200k (the $500k - $300k difference i.e. not pay taxes on your profits, as on paper as the lender, it is a "loss")?

What strategies exist? Thank you in advance!

Ehhhh. I am not a CPA, but your basis would be what you paid for the note, not the UPB. In this case 300k - 200k - your expenses. You didn't lose 200k, the seller did, and they would be entitled to count it as losses.

Someone correct me if I'm wrong but I doubt it.

Yes the 100k profit, or whatever is left over after rehab (note purchase + expenses + rehab = cost basis) will be taxed and most likely as income not capital gains. 

Originally posted by @Chad U. :

Yes the 100k profit, or whatever is left over after rehab (note purchase + expenses + rehab = cost basis) will be taxed and most likely as income not capital gains. 

One thing I'm curious about, and never asked my accountant is.. If you own the note for over a year and then it turns into a REO. You fixed it up and sell it in 2 months. That would still be capital gain since you owned the asset for over a year, and the REO was just a different stage of the process. Right? As opposed to purchasing a house to rehab.

Originally posted by @Patrick Desjardins :
Originally posted by @Chad Urbshott:

Yes the 100k profit, or whatever is left over after rehab (note purchase + expenses + rehab = cost basis) will be taxed and most likely as income not capital gains. 

One thing I'm curious about, and never asked my accountant is.. If you own the note for over a year and then it turns into a REO. You fixed it up and sell it in 2 months. That would still be capital gain since you owned the asset for over a year, and the REO was just a different stage of the process. Right? As opposed to purchasing a house to rehab.

 No unfortunately not, if your main source of income is active real estate investing and doing numerous deals per year, then its considered income. However if only doing a few deals here and there then may be considered a capital gain.  However take my opinion with a grain of salt as each persons scenario is different. 

Appreciate all of the responses. As the foreclosing lender, can you 1031 your profits to purchase another note?

I liekly just need to find a good CPA.

Any recommendations for a CPA that understands an individual investor's note/non-performing business? 

@Daniel E. The answer to that is above my paygrade and I suggest you consult with a 1031 expert. 

For this discussion's sake, I would say no for 1031'ing an REO to another note. IMO, that would be real property to personal property. If you 1031'd from REO to other real estate, maybe you're ok. Again, this is my speculation....

Originally posted by @Daniel E. :

Appreciate all of the responses. As the foreclosing lender, can you 1031 your profits to purchase another note?

I liekly just need to find a good CPA.

Any recommendations for a CPA that understands an individual investor's note/non-performing business? 

Hi Daniel - did you happen to get any good CPA referrals? :/