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All Forum Posts by: Chris Gilbert

Chris Gilbert has started 7 posts and replied 40 times.

Post: 1031 exchange cash out offset by passive losses

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

I am attempting to record the gain as passive, but apparently not successfully doing so in TurboTax.

Post: 1031 exchange cash out offset by passive losses

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

We did a 1031 exchange in 2020 where we exchanged a smaller, older house we bought in 2010 for a much larger, newer house.  The exchange went well.  When we did the exchange, we took out $25k knowing we would be taxed on this portion of the gain.  At the same time, we have passive losses from our rental portfolio primary due to rehabbing we did on the house we sold and the house we purchased.  My question is:

Is the $25k gain taken out of the 1031 exchange offset by passive losses?

I don't see how this shouldn't be true, but TurboTax shows it as taxed at our capital gains rate.  At the same time, I'm not an expert in this area.  The information I have found on the Internet is all over the place, but some suggested TurboTax is not handling this correctly.  I didn't see a similar question on BiggerPockets, but maybe I just missed it.

I don't want to hijack my own thread, but I'll add that I do plan to consult a CPA or tax expert, I am looking for a tax expert, and I will likely work with a tax expert going forward.  I went ahead and estimated my taxes based on my assumption, paid more taxes, and filed an extension.  I will be looking for someone to assist me in filing my taxes before October.

Post: Colorado Springs: The next Portland???

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

My wife and I moved to Colorado Springs 26 years ago to be closer to family and we love it.  Except for jobs, I have always thought Colorado Springs compares very favorably to Denver.  Housing has always been less expensive than Denver, Colorado Springs is less crowded, less traffic, cooler summers and warmer winters, the snow is typically gone in a few days, you can get through the Colorado Springs airport in 10 minutes, and the University of Colorado is significantly expanding here.  And if we want to visit Denver for the activities that it offers, it is a 40 minute drive for us to get to southern Denver.

Based on the number of apartment buildings recently built and being built, many people obviously think the trend will continue.

Post: Structural Engineer needed in Denver

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

I should have asked how big the cracks are in terms of width.  Even if the crack goes from the top of the foundation to the ground, but has a relatively small gap, you probably have nothing to worry about especially given its age.

Post: Seeking Biggest Mistakes and Lessons Learned Stories (Again!)

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

We purchased a property in a nice neighborhood that we knew needed an extensive rehab.  We got this property by diligently continue to follow it even after we had been outbid for the property by an all-cash buyer.  The cash apparently fell through, so we put in an offer immediately that was reluctantly accepted.

This property needed a new roof, new siding, furnace, all new flooring, paint, all doors and windows replaced, new lighting, electrical work, and plumbing.  The kitchen, all bathrooms, and deck had to be completely replaced, which included removing walls and moving plumbing.  In other words, the house was a disaster, but we knew that going in.  Once we started work on the house, neighbors would come by and tell us how happy they were that we had bought the house and were improving it because it had been a blight on the neighborhood for many years.

Shortly after we bought the property and began the renovation work, that area of the city was hit by a huge hail storm with 2" hail that did a huge amount of damage to the areas that were affected including this newly purchased property.  To our surprise the insurance company covered the cost to replace the roof, siding, and some of the windows and doors.

Normally, my family and I do all of our renovation work ourselves, but hired a contractor to replace the roof and stucco the house, which was a nice upgrade thanks to the insurance covering the siding.  The contractor we hired was an acquaintance who was referred to us by a few good friends, so we didn't perform our typical due diligence.  He was the friend of a couple of our close friends, and a very nice, so what could possible go wrong?

He required 1/2 down, which is not uncommon here, so we wrote a large check to cover half the roof, deck, and siding.  The plan was for him to start right away, which didn't happen.  Delays turned into weeks with excuses ranging from work trucks getting stolen to the crew breaking down on the interstate.  When workers did show up they were extremely unprofessional and obviously not competent to perform the task at hand.  We affectionately referred to as "Weedy" since he would smoke marijuana in his car during breaks from working on the deck.  The first day he showed up to work on the deck, he asked to borrow my level because he didn't have one to work on a deck!  Needless to say, he wasn't on the project long.  When your crew needs rehab more than your rehab, you know you have big problems.

The stucco crew was great, but they walked off the job after the first coat of stucco because they had note been paid and told us they would file a lien on the property if we didn't pay them immediately.  We were told that they had already been paid by our contractor, which he later confessed that they had not been paid.  It was clear that we couldn't trust anything he said and the point where I did some investigation into this contractor.

Things went downhill quickly at that point.  He continually missed meetings we would setup with him.  Then there were three way calls with us, our contractor, and his subcontractor screaming at him on the phone for not being paid for our project and prior projects they had been engaged in.  The call from a big box store telling us our material was on hold because they hadn't been paid and that they had just called the police on our contractor for taking a shopping cart full of tools without paying for them.

It turns out that shortly before we paid our contact for half the cost of the roof, stucco, and deck, his Ponzi scheme began to fall apart.  He was taking the down payment on new projects to complete previous projects, but he was so far behind that he could begin to complete everything and now nothing was happening on any projects.  There were a number of complaints on the BBB website as well as the local building department's website.  Our contractor was having trouble finding people to work for him because he had a bad reputation for not paying his contractors.

In the end, a number of people in the community had been scammed by our contractor to the point where he was on the local news.  He was then arrested and spent two years in prison.

We were able to work out things with the stucco contractor, the big box store (gave us the material), and get the deck and roof finished with competent contractors (work done at cost).  Despite our contractor and being way over budget, the house turned out beautifully and provides nice cash flow as a rental property in a nice and growing area of the city.  We were able to work out things with the stucco contractor, the big box store, and get the deck and roof finished with competition contractors.  

One of obvious lessons learned is to do all of your due diligence when checking out a contractor.  Check reviews online, the BBB website, and the building department website as well as references.  I also learned that half down at the start of a project is common but not required and can be negotiated.  A big thing that saved this project from becoming an even bigger disaster was our cash reserve, which we had to tap. Without the cash reserve, we would have really been scrambling for funds to complete the project.  Lastly, I found that having a supportive spouse (she is fully involved and all in) is crucial.  I think it is one thing to get through a difficult situation like this on your own, but would have been far worse if my wife wasn't fully committed. 

Post: Structural Engineer needed in Denver

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

I agree with Chris Freeburg.  I would add that I would be more concerned or less concerned based on the age of the house.  Unless the house is fairly new, it has likely done all the moving it is going to do unless it is seasonal due to expansive soil that is common in Colorado.  Note that expansive soil issues should have been taken care of when the house was built.  Having a licensed structural engineer won't be really expensive and you will get good information without them trying to sell you something.

Post: New Investor in Denver Colorado

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

We own some rental properties in Colorado Springs going on 12 years now. We are the type of people (my wife and I) who like to do things ourselves, which has taught us a lot and shows my bias. Most of the properties we purchased needed a lot of work with extensive rehab. Granted, I like to be in control and I'm very particular about the quality of the work done on our properties, but I cannot image starting out in real estate investing doing a BRRRR remotely. There is so much you learn during a rehab regardless of how many books or podcasts you that listen to. In the best of times with the best of contractors, things will go wrong, which we have experienced. We have also experienced the worst of times with terrible contractors where the stress level was extremely high. If I was remote, so I wasn't able to manage the situation on site, our disaster situation would have been far worse and far more stressful.

One example we recently had this summer was when we hired a landscaping company to do some work in the back yard of one of our properties.  I got three bids from companies that all had very good reviews online or were referred by a contractor friend.  We actually chose the most expensive bid in this case because the guy was the most knowledgeable, listened to us, and couldn't do the work right away, but relatively soon, which was important in this case.  They installed sod, removed bushes, removed dead sod (another story), added to the existing sprinkler system, and moved in more rock.  In the end, they did a great job on the back yard.  However, getting to that point was not trivial.

The landscape project manager that I stayed in contact with often told me that they would install the sod on Friday or Monday.  I wasn't contacted on Friday, so I assumed the sod would go in on Monday.  They needed to contact me, so I could arrange to have the sprinkler system turn on.  Our tenant contacted us on Sunday and tells us that the sod was installed Friday morning, but the sprinkler hasn't run.  In Colorado in the summer, new sod needs watered right away, which I know because I live here.  The picture of the sod from the tenant looked OK, but not great, and certainly didn't have that deep green new sod look.  I went to the property as I had a few times during the project, and could see the grass might come back, but certainly unacceptable.  They agreed that they had an internal communication issue and didn't contact us as they should, agreed to replace the sod.  Would they have done so without me there?

In addition to the sod, they also replaced the gate post they broke that I know wouldn't have been fixed if I hadn't been there to make the case that it wasn't previously broken.  They raised a sprinkler head that was obviously too low after I made it clear it needed to be adjusted.  There was also a point where the landscaping company thought the valve box should be replaced for several hundred dollars, which turned out not to be the case.

I don't mention this because I want to discourage you from investing in real estate since investing in real estate is an excellent idea.  This is an example of something that seems like it should have been trivial, but certainly wasn't trivial in the end, and would have been more complex and uncertain had I been remote.  I agree that remote rehabbing is certainly possible for a new investor, but finding a good deal is hard, rehabbing is hard, and being remote is going to make everything harder.

Have you thought about a remote, turn-key investing?  You likely aren't going to get a great deal that way, but it might be a nice way to gain some experience and provide a nice investment.

I like James Carlson's idea as well.  I guess I don't know how to add a reference to someone.

Post: Thoughts on Grant Cardone

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

I think he is trying to do more than sell you stuff.

Securities Class Action Filed

YouTube now has many videos about Grant Cardone.  Whether or not he is found guilty, I think there are some valuable lessons here for anyone pursuing syndication deals.

Post: Tax deductions under the de minimis rule

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

@Christopher Smith, thank you for the additional information.  This property does not qualify due to the $10,000 limit, but that is good to know as it could for other properties.

Post: Tax deductions under the de minimis rule

Chris GilbertPosted
  • Real Estate Investor
  • Colorado Springs, CO
  • Posts 40
  • Votes 24

@Brandon, thank you for your quick response.  That makes sense, and what I expected.