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All Forum Posts by: Al D.

Al D. has started 17 posts and replied 280 times.

Post: Financing LLC owned properties

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
@ Bill Exeter - doesn't look like Saturday is possible. Sunday is still a possibility. I would certainly love to meet you in person.

Post: Financing LLC owned properties

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
Thank you, @Bill Exeter. I need to keep this in mind when I'm ready for a 1031, since I also have a WY LLC owned by a CA - a CP state - LLC. Now I need to figure out if I need to file a partnership return for the WY LLC, since it's clearly a partnership even for spouses in that state... Can of worms.

Post: Deducting Business Travel Connected to Personal Trip

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
I am not a lawyer/tax professional. Here is what the IRS says: https://www.irs.gov/publications/p463/ch01.html On a side note, based on what I have learned from some professionals, your trip must be predominantly for business purposes: you must spend at least half of the total days on your business. I believe there should also be somewhere around 4 hours per each of those days spent on that business activity (meeting with PM, contractors, tenants, local agents, maybe going to open houses to "check" the market, do work on the rental, etc.) One example I remember was a deductible seminar in a place like Hawaii (let's say New Orleans, in your case.) The seminar was on Thursday, Friday, and Monday. Because Saturday and Sunday only amounted to two days, and you would have no business-related activities on these days, the fact that you had to stay until/through Monday to finish the seminar, still means that majority of the time there was spent on deductible activities - thus whole trip, including air and hotel is deductible. But, again, more days were spent on business than on personal activities. And if your spouse is involved in your business (and you can prove if it if asked,) then her expenses are also deductible.

Post: Financing LLC owned properties

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
"Is there a way to put your properties into your personal name but still have the protection of the LLC?" Unfortunately, I am not aware of any such thing. Only recommendation there is to carry umbrella insurance, which you should have regardless. Your banker is correct on all accounts. (1) You cannot qualify for 1031 benefits if you sell the property under one name (even a pass-through entity controlled by you) and buy the replacement property(ies) under another name. (2) I am no aware of a conventional lender who would underwrite an LLC. My suggestion would be to put the existing property into your personal name before the sale, buy the replacement properties under same name, and then consider changing the title to your LLC at a later date - you risk triggering the "due on sale" clause, though. In order to avoid that, I have heard some attorneys recommend putting the property into a land trust, and the LLC would own the land trust. I have no personal experience with this option. I've also heard a lot more people simply recommend taking the risk of getting caught with the "due on." According to rumors, there has not been a single case of loans being accelerated for titles being changed to LLCs, when the mortgage was paid on time. Unfortunately - for lack of historical perspective - since LLCs shave been around, interest rates have been going down; if this situation changes, lenders may start exercising the wording in the contracts.

Post: Should I invest in SF/Bay area

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
Hi, Mike. Welcome to BP (kind of strange coming from me, still feeling like a newbie here.) I am one of those people who was lucky enough to have begun investing in the SF Bay Area during the last bust. The prices were so low that, even as a person who never considered buying anything beyond the primary residence, I became what I later learned was an "investor." Times were tough for some people, especially for those who could no longer afford to pay their ever-higher adjustable-rate mortgages - while the underlying value of the property was still looking for bedrock. I see that you are from Arizona. I think I heard something about that state and the Great Recession. I recall that back during the bust, 1bd condos in Vallejo were going for $30k. They were also going for $15k in Antioch (I believe they are 10x that now.) Craigslist (my preferred source at that time) was full of those. CL was also full of "first month free rent" in those cities back then. Instead, I bought where I had to pay more, but was able to rent immediately - judging from CL. And the properties I got were 15 minutes away from where I lived. The only "drawback" was that I had to pay cash, because no (conventional) lender would underwrite these loans. This was 2010. If I were smart - and had the cojones - I would have bought in Antioch and Vallejo, which went through municipal bankruptcy before you moved here. Were it not for the (positive) experience that my local tenants gave me, I would not have begun to look OOS when I was ready to expand in 2015. But the Bay Area no longer provided the cash flow I was looking for - appreciation, maybe. I've lived here through three recessions - I do not have a crystal ball to know when the next downturn will come; and it will come (If anyone in this thread pushing for RE investing in California today knows when that will happen, please PM me. There is a $5 Starbucks gift card in it for you - if your timing is right.) So, never wanting to get stuck holding a local flip when the market turned, my strategy has been cash flow. And that has meant OOS, at least from 2015 on. Some people here have suggested to aim for 1% return; for example: a $100k property (regardless of downpayment) yields $1k/mo in gross rent. That is what I have been aiming for. Sometimes I do better, once (with a brand-new property) worse - but in all cases, I cashflow. I simply cannot do this in the Bay Area. You also have to consider the possibility of natural disasters (perhaps based on recorded history,) which may reflect in the cost of insurance - and out of pocket expenses - in future years (what will happen to the rates in Texas and Florida in the coming years?), property taxes, local income tax (in some places, even if you do not live there,) rent control/city oversight of rentals (again, in some markets,) transfer taxes (like in Pennsylvania, for example, if you plan to change to an LLC at a later time.) This list is not all inclusive, but all of this should be part of your math around the "1% return." And, sure, you can still consider the potential for market appreciation, as well as depreciation. I should also warn you to not let stories about 2%+ yield that you may read here, or hear elsewhere, dissuade you from buying a property in a good area, etc. with "only" around 1% yield. Btw, as for natural disasters: We are familiar with earthquakes here. Our new construction code reflects this possibility, to an extent. But few people in Memphis, for example, know/remember that they are in a historic earthquake zone. I still invest there because of the yields, though. I am also making an exception there for the apparently-shrinking population. You may have a different tolerance level - and that's ok. Everything for you must be about your own "comfort." You mentioned looking at large cities online; that is a lot of work. When I first started considering OOS, an investor friend suggested Real Wealth Network. They typically have meetings in the East Bay and the Peninsula once per month (Friday and Saturday respectively,) where they invite "affiliate" turnkey providers from different markets to present to RWN members. It's free to join - if you decide that you need more than the basics, the only cost then is $10/mo for "Academy" access, all of which RWN donates to charities. Since people often ask: RWN makes money when members buy from an affiliate. It also makes money as a "manager" of syndication deals. But you still must do your own due diligence on each market and on each affiliate. Once you decide on a market, start asking specific questions about it/the affiliate here. For example, I was the first RWN member to have bought from Alliance Wealth Builders (REI Management Services, LLC) in Birmingham AL, when RWN began its affiliation with them in early 2016. My experience there has been terrible - what AWB/REI tells investors at RWN presentations (and on its own website) has not been the case in my reality. As for RWN itself, I think that its heart is in the right place - but, having come of age during the Cold War, "trust but verify" is always my motto in RE investing. For anyone not from California reading the whole thread: there was reference to paying $2k-$4k/yr in property tax on a $500k-$700k property because of "the proposition." Let me make you jealous with rage by telling you that some people here pay even less than that, even on more expensive properties. But here is the deal: "the proposition" is Proposition 13, passed in 1978, that took 1975-76 market values of (then-existing) properties, and allowed the assessments to be increased by no more than 2%/yr. That is great for anyone who bought, and still holds, from a long time ago. But any new purchase/construction is assessed at the minimum of 1% (plus special districts, schools, etc. fees) of *current* market value (based on the last, arms-length, sale price of that property.) And Bay Area voters (many of whom are renters) have been more than willing to vote in favor of additional government bonds (financed by property taxes) over the years. So, 1% of the assessed property value is but the beginning here. Perhaps, as a flipper, if you are lucky to buy a $1MM property that last changed hands in the '90s, you may - originally - see a $4k/yr property tax bill. But your buyer will not be so lucky, and if you continue to hold, neither will you. For anyone who forgot how bad the last recession was for California RE values - it was the only year since 1978 that property assessments actually went down.

Post: Can Vacant lot be Sold as a 1031?

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
Forgot to mention that whether the vacant land qualifies as an "investment property" depends on the purpose for which you bought/used it. Assuming that you did not set up a tent for yourself (or any of the partners) and lived there, I'd say the vacant land qualifies. Reminder: I am not an attorney.

Post: Can Vacant lot be Sold as a 1031?

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
I am not an attorney/accountant/etc. The following is not legal advice, and is only intended to guide you. I don't know anything specific about Philadelphia. 1031 IRC is a federal law. Going to the source: https://www.irs.gov/newsroom/like-kind-exchanges-under-irc-code-section-1031 (Read "What property qualifies for a Like-Kind Exchange?"), I'd say that you qualify. Since you mentioned partners, from my understanding: if you keep the integrity of the partnership (all partners selling will be the same partners buying - and under the same partnership name,) this should be an easy exchange. You may, however, need to do extra work if not all partners selling will be participating in the purchase in the exchange - not all gains are tax deferred. Your 1031 QI should be able to answer this question - but they do not give legal advice. I am not an attorney/accountant, etc.

Post: Hurricane Irma Thread

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
Just found out that one of my insurers offers an iPhone (not iPad) or an android app to track the storm. It's actually not bad. For anyone interested, look for Security First Mobile by Security First Insurance. You do not have to be a member/no log in required to use at least the storm map.

Post: Cleveland SFR Water and Sewer Bills

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
I'd say it is a good market. Though, I can't say that I'd invest there today, but only because I have seen the prices rise outpacing rent. I think I got good deals when I got them. Luckily, I am not looking to buy at the moment, and selling without a better place for a 1031 is also not in the cards now. It is interesting to be coming across these little nuances like Rita and the utilities that can only stay in the owner's name. But I guess many places have nuances. Another local Ohio "nuance" I've been trying to resolve since December is a local cop telling me that by calling/texting/emailing a tenant who left before the end of her lease, with no notice (and took the keys with 7 degree outside,) but after being served with a 3-day notice by my process server, I am committing telecommunication harassment (ORC 2917.21.) In my own reading of that law, I'd disagree that it would apply to a rental property owner pursuing a delinquent tenant - one just has to read to subsection (H.) The cop still disagrees. I just need a legal ruling (working on it) before I am faced with this with another tenant in the same city. In the meantime, I have a local record of "Menacing (Threats, stalking.)" I like having a rap, especially the "menacing" part - apparently, I must have gotten that for "threatening" to pursue the tenant in court. Fear me!

Post: Cleveland SFR Water and Sewer Bills

Al D.Posted
  • Investor
  • San Francisco, CA
  • Posts 292
  • Votes 325
Yes, @John Collins, finding out about it was absolutely by accident: I had a tenant who fell behind on some utilities. The Utility sent me a "Landlord copy" of the bill. There was a message in the bill - reminder to pay "city tax" by April 15th, with www.ritaohio.com for reference. It was around January or February of that year. I had never heard of this Rita, and was definitely very curious, not to mention furious - not my agent, her broker, title company, nor my California tax preparer (who also taught tax prep at a community college,) had told me about this. Upon research, not only did I learn a good deal about Rita, I also looked up other cities where a friend investor owned, like South Euclid. My (much more experienced) friend was in the same surprised situation - and I told her that I also learned that South Euclid required all rentals to be registered, and inspected, by the city. She also self-manages (I do believe that local PM firms would at least be aware of the city inspections - I hope.) Being a straight shooter, my friend immediately contacted the city, telling them that she had just learned about the whole thing - by accident - and wanted to set up the inspections. The city did not care that her Cleveland-based agent had not been aware of the inspection requirement or about Rita applying to out of state residents (or that the city apparently did no outreach to spread the word.) The city assessed late charges on top of their regular inspection fees. When she asked for the late charges to be dropped, here is what she received in reply: "It is the responsibility of the property owner to research and comply with all local regulations. The applications must include the penalties or they will not be processed. Failure to do so will result in court action and search warrants issued for the rental properties." I am still not sure what a search warrant would do in this case, but it sounded serious enough to be taken seriously by a serious investor. She paid all the fees... There is still an ongoing saga over inspections of one of her properties to this day. But this is South Euclid-specific, unrelated to Rita in general. I went with a different tax preparer for the first time in over a decade. He figured out Rita (after I told him to look into her.) He could not file that return online, so I had to mail that check. My understanding is that some of the percentage of income (and you need to check on the Rita site for specifics in each Rita jurisdiction) paid to Rita can be applied against the Ohio income tax. It does not matter whether you hold the income property in personal name or in an LLC. But the process is not difficult - you need to figure out the income for each property anyway when you do your usual tax filing prep. However, if you go over a certain income threshold (I have not yet,) you may need to prepay Rita quarterly. The Rita website is rather informative - and I've forgotten a lot of details already. Keep in mind that, even after asking both our agents and their respective brokers about the need for us to file Rita, their consensus was that we did not have to - but if you actually read Rita's rules, she leaves no doubt that she wants to get paid for any locally-earned income. Looks like new municipalities keep getting added to Rita.