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All Forum Posts by: Costin I.

Costin I. has started 62 posts and replied 955 times.

Post: Series LLC or Just LLC's? / Local CPA who invests in RE?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

Post: Properties in SDIRA, good or bad?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

@George Blower Did you even read my question/post?

Post: Anderson Business Advisors

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

@Shelly Ditzhazy Can you please elaborate on the basis of your information? 

And what you mean by "trust is disregarded"? The trust can't be disregarded as a legal entity, otherwise there would be no reason to use it. It might be disregarded from a taxation point, but that has no bearing on the discussion, method of transfer and type of deed.

The fact that the trust is revocable or irrevocable has little to do with the type of deed - maybe only because with a revocable trust you can change ownership back to yourself and if is not a registered transfer & deed, is basically a transaction that never happened.

A person receiving a purported real estate interest via a quitclaim deed may receive no legal right to the property whatsoever. If the person seeking to transfer real estate with a quitclaim deed has no legal interest, nothing legally is conveyed. In the absence of title insurance--which is not available for a quitclaim deed--the person receiving the quitclaim deed has no legal recourse because the deed itself states that only the interest of the grantor, if any interest exists, is conveyed.

Whether title insurance terminates by transferring real property to a revocable trust depends on the type of policy, and how “insured” is defined in the policy. You take a risk which could result in cancellation of your title insurance and complete loss of your real property without compensation in the event that a title issue regarding your real property arises.

Contact your title insurance company to determine coverage and if your policy does cover transfers to revocable trusts, and when or how.

Post: Anderson Business Advisors

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

I'm not a lawyer, nor CPA, so take all with proper dose of own due diligence:

@Patricia Smith: The number of properties per LLC should be based on a number of different factors: equity, number of units, cash flow, location of real estate, and tenants. For example, you might own 4 properties with a sum total of 50k in equity but one of the properties generates $900 per month positive cash flow. In this situation it would be structured so the cash cow property is held separate from the other 3 rentals despite the low overall equity. Or you might have a 4-plex in a C- area, I would keep it separate from my SFR in B+ area. In other words each person/situation is a case by case scenario. It also depends on the structure you want/can put in place and the associated costs, the equity amount you want to protect (50K might be high for me, but you might not blink till higher than 500K), your risk tolerance, all subjective measures.

I don't know why Clayton or @Scott Smith might made that recommendation - could very simple be because where Clayton Morris invest the Series-LLC is not an option.

As for the attorney-CPA podcast, while a good idea if possible, I don't know if it would help you much, because there is simple too much information to cover in a 1hr podcast, with too many ramifications in all kinds of adjacent domains (formation and maintenance of LLC and business structures, transferring assets, protection strategies, trusts, anonymity, insurance, levels of risk and protection, due on sale clause, selecting an attorney, fees, checklists, etc.), and subjective to individual situations and scenarios. In other words, I doubt you'll find an attorney, or a CPA, never mind a attorney-CPA team that will agree on things and speak in specifics, and not in generalities.

But I understand how you are thinking as I been there, and that's why I put together those notes I sent you. I guess, what I'm trying to say is, you have to spend the time and educate yourself in matters of taxation and asset protection. The answers you'll get from the lawyer and/or CPA will be as good as your questions and how you formulate them. The CPA or lawyer that will handhold you in every step and know your situation and goals better than you are rare unicorns (or very expensive ones). If you find such unicorn (especially CPA), let me know, cause I been searching for a long time.

Plus, this is mostly an asset protection attorney matter, or 90% attorney - 10% CPA. Why? Because from tax perspective, you pretty much only have the option for LLC - you shouldn't hold properties in a S- or C- corp (just google "real estate in C corp or S corp" or "holding real estate in a S corporation") unless you are an active investor (flipping), paying salary to yourself, or doing property management, in which case anyway, you should do it in a separate entity from the holding assets entity. And with LLC, for most new/small investors, it would be treated as a disregarded entity, and passed through to your tax return, so there would not be much more in terms of taxation from what you are doing when holding in your own name.

Correction: with an LLC, you'll have to maintain the LLC - more strict bookkeeping, no commingling with personal finances, file (and maybe pay) annual state franchise fee/tax, maybe maintain law office or pay for registered agent, etc. So, there will be some extra costs associated with the LLC, but not much change in terms of taxation.

Again, I'm not a lawyer, nor CPA, so take it all with proper dose of own due diligence. 

"Ignorance is bliss. Knowledge is power, but also a burden. The cure for both: action, progress, not perfection."

Post: Properties in SDIRA, good or bad?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

I'm not that familiar with private lending or venture capital, so my compare point is what I'm currently doing - rental properties. Investing in lending or venture capital, that would definitely be an apples-to-oranges comparison.

So, how can I bring rental properties investing to an apple-to-apple comparison ?

And do you subscribe to the idea of SDIRA investing in properties as good strategy or bad strategy? 

Post: How do you control your fee costs in Self Directed IRA?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

We are looking into how to put to use our IRA and ROTH IRA funds through Self Directed IRA investing, in either notes or rental properties. However, the account fees, transaction fees, asset registration, check fees (some custodians even charge for both incoming and outgoing), etc. form a good chunk of money eating away potential profit.

We looked into several scenarios: making a few loans at 10% vs one per year vs. buying a rental property (with and without leverage) and the administrator fees will eat 40-60% of net annual income. As an example, getting 20K to work to generate 2K in profit, $600+ will get lost to the administration costs. 

What is your experience with SDIRA costs and how do you control them? Any suggestions on how to optimize investing through SDIRA?

Post: Properties in SDIRA, good or bad?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

Often a Self Directed IRA (SDIRA) is presented as a better retirement and/or investing vehicle, especially for its ability to invest in real estate. This is actually one of the main points in the sale speech of many SDIRA custodians and administrators. However, a few tax advisers (some famous, like Gary Sutton) consider purchasing real estate properties (a tax advantaged asset) within a SDIRA (a tax advantaged account) a bad proposition, on the idea the two of them nullify each other and lose the tax advantages (like depreciation).

Therefore, I'm looking for people with experience with SDIRA's and using them for real estate investing - is it a good strategy or not? Should you get rental properties with your SDIRA? With or without leverage, through non-recourse loans and the potential UBIT? Should we look into notes only, and stay away from properties in SDIRA? Does it make a difference if investing with a IRA SDIRA or a ROTH-IRA SDIRA?

Note: I'm primarily a buy&hold investor, primarily interested in the cash flow and passive income (and tax advantages) rental properties provide and not so much in the appreciation promise, with a very long outlook (current exit strategy is to pass them to our heirs).

Post: Asset Protection Success Stories - Are there any?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

Here, another "fresh" thread on a scenario one would be better to have the asset protection in place before this happens: https://www.biggerpockets.com/forums/52/topics/561300-urgent-help-potential-tenant-with-pitball?page=1

Post: Anderson Business Advisors

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 985
  • Votes 960

I'm not an attorney, nor title officer, nor know the Idaho specifics. That being said, what you are describing is about the DOS (due-on-sale) clause, and the fact that operating the transfer into a trust is not triggering the DOS. Which is great and one reason why one would supplement an LLC with a trust in an asset protection structure.

What I mentioned was about using a quit claim deed instead of a warranty deed - a warranty deed certifies that the property is free of any easements, liens, or other encumbrances on ownership and carries title insurance; a quitclaim deeds contain no guarantees of any kind and does NOT transfer the title insurance. If a  title claim arises later (e.g. a long forgotten relative of the seller shows up, or a lawsuit on the whole subdivision because of the wrongful foreclosure on the land before got sold to the developer that built the house 20 years ago) you'll have no title insurance.

So, @Matthew McNeil the question you want to ask your title company is "what happens to the title insurance when you transfer property with a quit claim deed"?