Dallas Tax Expert Recommendation & Anyone's Thoughts on Situation

Dallas Tax Expert Recommendation & Anyone's Thoughts on Situation

College Station, TX · Member since 2015 · 7 posts · 4 votes

Hey Guys,

I'm considering selling the duplex I renovated in College Station and I don't know if I need to talk to a Real Estate Accountant or a Real Estate Attorney about my tax considerations. I have an interested buyer (a friend of a friend) and I want to be able to give them a little more info to ensure they are still interested (selling to them is an appealing option for avoiding over $10,000 in realtor fees). Aside from a recommendation on who I should talk to (I am in Dallas now, not College Station) about the tax considerations, I would appreciate the thoughts of any willing experts (or amateurs for that matter) on the forum regarding my situation. Here are the details:

  • Duplex purchased in August, 2015 for $155,000ish
  • Lived in one side of the duplex until September 2016
  • Both sides rented for $1,200/mo ($600/each) when I first bought it
  • Both sides now rent for $1,800/mo ($1,000 for renovated side/$800 for other)
  • Cash flows well for me (about $8,000/yr) and I have a very reliable, cheap property manager (good buddy of mine); total expenses are around $1,125/mo
  • Haven’t added up all the numbers, but estimated renovation costs were about $25,000
  • Reasons I am considering selling:
    • Live in Dallas - don't want to deal with property out of town
    • Interest Rates rising (slightly afraid of a market dip): my property manager will be leaving College Station in 2 years (once he graduates) and I might have trouble selling the place at that time if market is in bad shape; don't want to pay 12% for a conventional manager to handle it, but I could do that if need be
    • Considering buying and building in Dallas 'M streets' area (for primary residence, not investment) - which will be quite expensive; we have savings, but if we had to pay cash for a distressed home or lot in the area, then that would be tough without this capital
  • Looking to sell for about $230,000, which would be about a $50,000 profit:  don’t want to pay taxes on the gains, but I am unsure of how to manage the situation
    • Can’t live in it for another year (to get to 2 of 5 years primary residence)
    • 1031 exchange to personal residence seems tricky – I assume I would have to exchange for another investment property, establish it as such, and then convert it to my personal residence sometime down the road; also the timing on these things seems absurd (45 days/180 days) unless you have something totally lined up, which I guess is the point
    • Am I up the creek and I should just sell it and pay the taxes?
    • I am ok with holding it – it is pretty simple to manage and decently profitable right now, but it might limit our Dallas primary residence options and be more pain down the road

Thanks for weighing in!

Regards,

Zach

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Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
9y

Zach

Options: 

1. 1031: Rollover to new Investment. Clean - straightforward Investment Rollover. Keeps you in the Investment game - just closer to home. The critical issue is IDENTIFYING the Replacement Property(s) within 45 days of Closing. You can identify up to 3 potential properties. Once you have it Contracted, meeting the 180-Day Closing requirement is easy. 

Know WHAT & WHERE before you close on hte CS Property. Meaning - decide on WHAT (type of property - SFR, Duplex, Etc) and WHERE (general neighborhoods) before you put the CS Property on market. Since this is a "friend of a friend" type sale, (maybe the worst of situations - if something goes wrong) possibly you can agree upfront to extend the closing date of the CS property if you run into complications identifying your WHAT & WHERE in Dallas.

FYI: Consider the 45-Day Identification Period an ABSOLUTE date. If you go past that date - you'll pay Uncle Sam - without question!  

2. Pay Taxes: Currently 15%. You'll pay $7,500 Capital Gains Tax on your projected $50,000 Profit. Freedom to go on with life as you desire.

3. 1031 & Convert to Personal Residence: You can later (minimum 1-Year, Desired 2-years - consult Lawyer / CPA), convert to Personal Residence WITHOUT Penalty.

See this reply in the discussion

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  • Realtor · College Station, TX · Member since 2016 · 128 posts · 68 votes
    9y

    If your other falls through, let me know. I have a few clients always looking for duplexes in B/CS as well as myself. As far as the rest, a good accountant and lawyer can save you lots of time, hassle and money. Whoever you decide to go with, ask for references and do your due diligence. Chris Peterson, who owns Aggieland Title Co. has helped two of my clients recently with their 1031's. He is who I would recommend for the attorney.

    Best of luck to you!

  • Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    9y

    Zach

    Options: 

    1. 1031: Rollover to new Investment. Clean - straightforward Investment Rollover. Keeps you in the Investment game - just closer to home. The critical issue is IDENTIFYING the Replacement Property(s) within 45 days of Closing. You can identify up to 3 potential properties. Once you have it Contracted, meeting the 180-Day Closing requirement is easy. 

    Know WHAT & WHERE before you close on hte CS Property. Meaning - decide on WHAT (type of property - SFR, Duplex, Etc) and WHERE (general neighborhoods) before you put the CS Property on market. Since this is a "friend of a friend" type sale, (maybe the worst of situations - if something goes wrong) possibly you can agree upfront to extend the closing date of the CS property if you run into complications identifying your WHAT & WHERE in Dallas.

    FYI: Consider the 45-Day Identification Period an ABSOLUTE date. If you go past that date - you'll pay Uncle Sam - without question!  

    2. Pay Taxes: Currently 15%. You'll pay $7,500 Capital Gains Tax on your projected $50,000 Profit. Freedom to go on with life as you desire.

    3. 1031 & Convert to Personal Residence: You can later (minimum 1-Year, Desired 2-years - consult Lawyer / CPA), convert to Personal Residence WITHOUT Penalty.

  • College Station, TX · Member since 2015 · 7 posts · 4 votes
    9y

    Very helpful @Jim Cummings, I greatly appreciate it.  As silly as it sounds, I have never dealt with capital gains taxes before (unless TurboTax autopopulated that info for me from my financial statements lol) and I always thought this would just fall in with my standard income taxes (which are higher than 15%) unless I found a solution.  Thanks for pointing that out, it lead me to some additional research.

    I am considering going back to school full time for my MBA starting in August, in which case neither my wife nor I will be working.  I guess I could wait until 2018 when we will not be making any money (except for during my internship) and sell it then.  It appears no capital gains taxes are required if you are in the 15% bracket or below.  So as long as the sale of the duplex + the internship money + miscellaneous income < $75,900, I could get away without paying any taxes on the sale.  Does this seem right?

  • Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    9y

    Zach

    Well above my "pay grade" for that type of detailed advice! Worth paying a Tax Attorney / CPA for that level of advice. 

  • Professional · Coeur d Alene, ID · Member since 2015 · 7 posts · 9 votes
    9y

    Hey, so I have a few thoughts on this that may or may not be helpful (depending on whether you truly end up facing a capital gains tax bill, etc.). I wound up typing a lot, so at the risk of being overly formal, I made a table of contents.

    1. Watch Out for Tax Reform!
    2. Safe harbor(s) for 1031
    3. Partial or Split 1031/121?
    4. Idea for meeting 1031 45 Day Deadline
    5. Ownership and Use Req. for 121

    1. Watch Out for Tax Reform!

    The 1031 exchange (and the ability to deduct the interest on your investment real estate loans) may eliminated soon. I would encourage you to think about the implications of not having the 1031 as a tool in your tool chest a year from now. Probably wise to acquire something that you can afford to hold long-term [EDIT: I just realized that the Deferred Sales Trust I brought up in another comment elsewhere might become a popular option if it survives tax reform and the 1031 doesn't.] I'm not sure what to say about how one might wisely anticipate not being able to deduct business/investment interest. Just figure that change is coming. If you have ideas, let me know.

    2. Safe Harbors for 1031

    So in a 1031 both the relinquished property and the replacement property have to be held with the intent to be predominantly used for business/investment purposes. That means there are two sets of “safe harbor” guidelines, according to which the IRS will not challenge whether a property is held with predominant business/investment intent: one set of guidelines for the property to be relinquished and another set for the property to be acquired. They happen to be very similar.

    Note that the actual requirement has only to do with the intent to hold a property predominantly for business/investment purposes. Rev. Proc. 2008-16 specifies “safe harbor” conditions under which the IRS will not challenge one’s intent to hold a replacement property for business or investment purposes. IRC § 1031 even addresses properties held for fewer than two years (only the periods during which the property was held are taken into account, unless it looks as though an individual is deliberately trying to “avoid the purpose” behind the code).
    The safe harbor, essentially, is something like that IF…

    1.…a property is held for two years or more, AND

    2.during each of the two years before or after the exchange it is rented out for 14 days or more, AND

    3.during each of the two years before or after the exchange it is not used for personal purposes for any more than 14 days OR 10% of the duration for which it is rented out…

    …THEN its intent to be held for predominantly business/investment purposes will not be challenged by the IRS.

    3. Partial or Split 1031/121

    On this I am less familiar, but I am quite sure one can perform a partial 1031, giving the 1031 treatment to the investment portion of your equity, and I am pretty sure this goes for the 121 home sale exclusion as well, so that *I think* an option might theoretically be to do a 1031 with the investment side of the duplex and a 121 with the side you're living in. It's not clear whether this would be possible or whether it would be applicable for your exact needs here, but it's worth mentioning. Would love to have this corrected or clarified by someone else on here (probably a QI)!

    4. Idea for meeting 1031 45 Day Deadline

    Another tool in your tool belt: there are companies that specialize in passive income properties that are structured to qualify for use in a 1031 exchange. These companies structure their properties for fractional ownership, meaning that you can 1031 out of a property that you solely own and manage into a piece of a larger property (or portfolio) that already has management in place. You can still take your depreciation and everything. It's full real estate ownership. Many of these properties/portfolios are "syndicated" so that the sponsor of the offering holds onto it and sells each piece off to an investor, one at a time, to accommodate their unique 45/180 day deadlines. Point being that you can ID one or two of these (e.g. TIC or DST) properties as your 2nd or 3rd choice while you're looking around for your ideal replacement property. If you can't find exactly what you want (or if it falls through) you can just close on one of these properties to complete your exchange, saving you on capital gains and depreciation recapture taxes and getting you cash flow (often starting at around 7% or so) until you are ready for another exchange (assuming 1031s are still legal by then). [Full disclosure/disclaimer: my own company operates in this space, providing access to these kind of passive income properties structured for 1031 exchange.]

    5. Ownership and Use Req. for 121

    It sounds like you are already familiar with the ownership and use requirements of the 121 Home Sale Exclusion, but either way, here is how I like to think about it (just in case it helps here):

    1. The Home Must Be Owned for a Total of at Least Two Years During the Five-Year Period Leading Up to the SaleIn order to legally shelter the proceeds received from the sale of one’s home, a taxpayer must own the home for an aggregate of two years prior to the sale. This ownership does not have to be continuous; it may be broken up or interrupted, so long as the total duration of ownership adds up to at least two years and occurs within the five-year period leading up to the sale of the home.

    2. The Home Must Be Used as the Taxpayer’s Principal Residence for a Total of at Least Two Years During the Five-Year Period Leading Up to the Sale
    In addition to the ownership requirement, to shelter gain from the sale of a home from taxable recognition, the home must also be used as the taxpayer’s principal residence for an aggregate of two years during the five-year period leading up to the sale of the home. This use does not have to be continuous; it may be broken up, so long as the total duration of use adds up to at least two years and occurs within the five-year period leading up to the sale of the home. Additionally, short vacations and seasonal absences may be included in the use period, even if the residence is rented out during these absences.

    Determining the “principal” residence of a taxpayer involves consideration of several factors, including where the taxpayer works, where the taxpayer’s family lives, the taxpayer’s mailing and billing addresses, the location of the taxpayer’s banks, and the location of the taxpayer’s religious and recreational activities. This also means that the Home Sale Exclusion cannot be taken on more than one home at a time.

    There are a few exceptions to the use requirement for out-of-residence care, unforeseen circumstances, and uniformed, military, and intelligence service.

    NOTE: The Periods of Ownership and Use of the Home Do Not Have to CoincideThe requirements for ownership and use of the home may be satisfied during non-concurrent periods so long as both of the requirements are met during the five-year period leading up to the sale. This may be helpful for a tenant who rents a home prior to buying it.

  • College Station, TX · Member since 2015 · 7 posts · 4 votes
    9y

    Lots of great info in that note @Louis Swingrover.  A lot of it I will have to re-read/investigate for better comprehension ha.  

    I was actually wondering if companies like those in bullet 4 existed when I was going to sleep last night - thanks a ton for enlightening me.

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