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All Forum Posts by: Barry Ruby

Barry Ruby has started 0 posts and replied 508 times.

Post: Real Estate Legal Opinion Letter

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

Hi Mark,

You go to a lawyer to make sure you got the legal aspects of a transaction defined and under control. Every transaction is composed of "deal" points and "legal" points. The maximum value of a lawyer's advice is for the latter and may be useful for the former. Purchase price, improvement costs, capital stack and structure are examples of deal points. How you vest in the project, dispute resolution, venue and applicable law are examples of legal points.

If you do need the opinion of a lawyer, be aware that there is a big difference between getting legal advice and getting a legal opinion. You get the former pretty much all of the time you engage and buy legal services. You get the former when you commission and engage a lawyer to offer his/her opinion in the form of a formal opinion letter. An opinion letter is a document that is typically drafted at the specific request of a client that offers the lawyer's judgement of a given issue or set of circumstances.

Without knowing more about your intentions and needs, it is difficult to advise you as to whether or not you need a lawyer's opinion. Your posing the question seems to indicate that it would make sense for you to retain legal services to ensure the investment you are considering is well documented. If you are thinking about asking the lawyer for his/her opinion as to the financial viability of the investment, I would listen if he/she is talking, but take that advice for what it is...an opinion and make sure you get input from other sources in making your financial decisions.

Best of luck

Post: Multifamily Cost Segregation

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365
@Armando Payano New tax laws allow for 100% bonus depreciation in year 1 So a long term hold is not required to realize benefits

Post: Investing in Large Apartment Deals

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365
@Chi Hathiramani Hi Chi, I’m interested in discussing large Multifamily projects

Post: Really Trying to understand Depreciation and Recapture upon sale

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

Chris,

My understanding is that the 25% recapture tax is predicated on the amount of depreciation that occurred during the time the property was held until the time it was sold. The amount of depreciation is calculated against the depreciable tax basis. The tax basis is the cost basis less land value and any other cost items that are not included in determining tax basis. I am not an accountant and recommend seeking qualified tax advise to make sure that tax basis has been calculated correctly.

Residential property that is depreciated on a 27.5 year straight-line basis against the tax basis. For example, the chart below shows the total cost basis of $2,000,000 less land and other non allowable cost items of which creates a DEPRECIABLE tax basis of $1.4MM which creates an annual depreciation amount of ~$51k. An asset was held for 10 years would have total depreciation of ~$509k, which would generate a 25% recapture tax of ~$127k

Hope this helps. As I said, I am not an accountant, but I think this is the way straight-line depreciation works. Recapture tax DOES change over time and DOES NOT include land or is it calculated on the original purchase price as you stated.

Best Wishes,

Barry

Post: FOUND huge deal, way bigger than I can chew; pro help

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

Hi Shane,

I can understand the housing authority wanting to confirm a potential buyer's ability to demonstrate financing capacity as a predicate to them spending time with an interested buyer. This is not the same as "having" the financing. It sounds like you should be able to demonstrate the former if you and your cousin, who are both locals team up to show the ownership that you are serious candidates. What may be missing is your ability to demonstrate experience, which is always a kind of circular issue to solve. Do you have a clear set of criteria from the authority that they define to satisfy the release of data?

Do you have a guesstimate of what kind of financial capacity the authority is looking for to satisfy their demonstration of "financing"?

I am open to offering my credentials in regard to the experience issue if that would help you to put a Heimlich Maneuver on them to get them to cough up the data anyone is going to need in order to assess the deal and its financial viability. If you want to share the info you have to date with me, I'd also be willing to review it to see what the opportunity looks like. Let me know if that has any interest to you and let's go from there.

Unless and until you have the basic data needed to run pro forma analysis to determine the highest and best use of the property to determine its performance and capital stack, you are left with "guess work" insofar as really knowing exactly what financing means.

In no way did I mean to insinuate that you were an idiot and given your credentials, this is clearly not the case. However, there is a great amount of weight rightly placed on being able to demonstrate experience and success that mirrors a person's ability to execute a proposed development. That is what I was attempting to express in my prior post and my apologies if I communicated anything else to you.

Best,

Barry

Post: FOUND huge deal, way bigger than I can chew; pro help

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

Do you have any details on the deal? Have you run any numbers or put together a preliminary analysis to demonstrate the performance of the deal along with a proposed structure between yourself and the investor you are looking for and need?

Do you see yourself as only a "finder" or are you looking to stay involved with the deal? What role do you envision playing in the ongoing activities of the investment? If you do propose to stay involved with the deal, what are your qualifications that would lead an investor to engage you in performing the functions you see yourself executing?

These are some of the basic issues any investor would need to see in order to take the deal or you as as a serious and valid opportunity. If you don't have the ability to put a package together, you need to find a developer that will assist you in doing so. If you are not able to analyze and "package" the deal, your first step should be finding someone who is able and willing to do this work. Your "best case" in this scenario would be that that party would mentor you in how to accomplish these activities so that you can learn and earn at the same time.

Post: Really Trying to understand Depreciation and Recapture upon sale

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

jay

Post: Really Trying to understand Depreciation and Recapture upon sale

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

Hey Chris,

Depreciation may not be "in the news" on Bigger Pockets or otherwise, but I am learning it can have dramatic positive effects on any income producing real estate property.

I spent the first 40 years of my life developing a wide range of real estate projects. During that time, I built many pro forma spreadsheets and the only line item in them that dealt with taxation was "property taxes". The last 10 years of my life have been devoted to developing utility scale solar projects which deal heavily in taxation issues such as investment tax credits, bonus and MACRS depreciation schedules. 

I recently renewed my activities in real estate which is mostly focused on acquiring and developing multifamily projects. This has has caused me to take a serious look at introducing depreciation into the financial models I build to analyze various projects. 

It is puzzling that little or no attention appears to be paid to depreciation in Realtor's Offering memorandums or Sponsor's projections for projects that are being packaged and sold as LLC shares. Depreciation is a FACT that will have to be dealt with whether it is taken or not for any real estate property and a 25% recapture tax along with capital gains taxes will be due and payable upon the sale of any property held and disposed of after a holding period of 1 year or longer. Failing to take depreciation is foolish in that it provides benefits that enhance project performance. Even if you elect not to take depreciation, you will still have to pay a 25% tax on the depreciation applicable to the property whether it was taken or not.

I began including 27.5 year depreciation to my pro forma models because it is a reality which had a positive effect on raising cash on cash and IRR returns as well as equity multiples. These increases are especially noticeable in the early years of the property's holding period.

I recently began doing a deep dive into the cause and effect of applying cost segregation as a refined method of determining depreciation amounts and its timing. This method significantly affects both the dollar values and their timing which in turn produces significant benefits over and above using a 27.5 year straight-line deprecation schedule.

Cost Segregation involves identifying certain real property assets that can be primarily depreciated in 5, 7 and 15 years. The types of property that fall into these categories are defined by the IRS and can be applied to a property. The best and safest way to know that these factors are being defined and applied correctly is to engage an entity that specializes in conducting what amounts to a forensic engineering study of the property in question. As is the case with any professional service, the quality of their work is directly tied to their experience and integrity, so selecting a qualified engineer plays a big part in the validity of the findings presented and used in the report they produce.

Many Cost Segregation companies offer a "benchmark" study free of charge which will provide a conservative estimate of how much accelerated depreciation will come from segregating depreciable assets. These benchmark reports generally will reflect numbers that will increase if a formal study is conducted. Both the benchmark and formal reports will provide an estimate of the tax savings that can be realized from segregation.

What appears to be missing from most if not all of the Segregation specialist's studies and reports is an analysis that shows the effects the tax savings has on a project's financial performance as measured in industry standard metrics. 

By applying the amounts and timing of the segregated depreciation to the project's cashflows I have found that IRR, cash on cash and equity multiples are improved for both "to be built" and existing properties. One of the principal reasons for these significant boosts to performance has to do with a recent change in the tax codes which allows for 100% bonus depreciation. Specifically, what this provision allows is the ability to take any and all assets that can be depreciated in 20 years or less and write off the entire sum of those assets in YEAR 1 of the project.

By applying the above program, return rates increase by 100's of basis points over not using depreciation at all and or using a 27.5 year schedule. For example, I am working on an apartment project that has a $5,200,000 total cost and a $4,300,000 depreciable cost basis (total cost - land and other non allowable costs). Using a 100% bonus depreciation schedule produces a $1,300,000 depreciation amount in Year 1. In turn, this would result in a tax savings of $450,000 in year 1.

The fact that this savings occurs in Year 1 has a very positive effect on the project's financial performance that cannot be overstated. This injection of cashflow occurs at the time when most real estate projects are showing their lowest income and therefore produces a hit of cash at a time when any project could and can use it the most.

I am in the process of refining pro forma models and vetting these factors and concepts with a CPA that I've used for 10 years for my renewable energy projects to make sure things are as they appear to be. I am also investigating methods of monetizing the tax benefits which could provide a vehicle to introduce equity capital to cover all or a significant portion of the equity required to fund a project.

I would be happy to share my research and analysis to date with anyone interested in learning more about how cost segregation might benefit a project they are working on or just want to learn more about this important set of tools that appear to be widely ignored by the real estate development and investment sectors.

Post: VA Beach development Please help

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365
@Skyler Mckinney PM me and I can share a development pro forma with you

Post: land development, I feel I'm sitting on gold mine

Barry RubyPosted
  • Developer
  • Boulder, CO
  • Posts 530
  • Votes 365

The way that you devolve it is to determine the highest and best use of the property, which is a conversation in and of itself. By understanding the best use of the property, you can figure out the alternative development scenarios for the use or uses that are associated with the development plan. For example, if part of the property can be used for retail and the balance for multifamily, you have a starting point to work from. Which leads to a series of additional steps, like annexation, zoning, densities, utilities (water, sewer, electric) and entitlements.

A real estate developer is your best bet as a resource to conduct the initial due diligence and go into a deeper dive to define the project or projects best suited for the property. 

Using the retail/MF example, to determine the value of the land for each element, you would need to figure out how many sq. ft. of what type of retail, which would define the land value (per acre or square foot) that could be supported which will be determined by the rents that would be generated against their capitalized value. Deducting all defined project cost (including a developer profit) BUT NOT land value will produce the land value of the retail piece. Retail land is normally developed to a 3:1 ratio with each sf under roof using 3 sf of parking, driveways and open space. So a 5 acre piece would allow for a 50,000 sf retail center: 43,560 sf in an acre rounded to 40,000 sf land per acre = 10,000 / acre under roof and 30,000 sf / acre of land to serve it. Therefore, 5 acres will yield a 50,000 sf center (10,000 sf / acre under roof x 5 acres) with a residual site area of 150,000 sf (30,000 sf / acre x 5 acres).

The value of the MF can be established in much the same way noted above. The density (say 10 acres at 20 units / acre) would produce a unit count of 200 units. Once you know this you can run the same drill as applied to the retail. Determine NOI/Cap Rate = Project Value - all cost BUT land including a developer profit = the land value that can be supported by the proposed MF project.

Architects, engineers, contractors and realtors are all great resources that have their time and place. They are crucial to gathering the data needed find land value, which is a piece of total value, which requires and uses information from the team members noted above. Going to any one or combination of these folks will, in my opinion serve to frustrate rather than inform you. To understand the value of your land on empirical basis, you need to understand the "Whole" (the project) in order to understand the "Part(s)" (land value).

A closing observation: the value of your land can and should be understood and viewed in relative terms. Land values increase based on how far up the chain it has moved in regard to its current posture versus its perceived highest and best. If the land needs to be annexed from a county into a city or town and you get that done, its value has increased. Obtaining zoning, getting approval for site uses and densities are all ways to realize increase land value.

Once and if a property has some or all the the approvals needed to permit, build and operate the project(s) that reflect the highest best use, it has a much higher value than before these entitlements were in defined and in place. 

The value of your land is directly tied to understanding is best uses and the value (cost) of the land that those uses can support. The value of your land will increase each time its use and permitting has been advanced. You can sell it at anytime during the entitlement process at it ever increasing value. You could also choose to JV with a developer using all or part of its value to become a part owner in the entity that acquires the land. This too is another conversation of its own

Hope this helped to describe a process to devolve value. Please let me know if I can be of any help to you in executing any of this.