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All Forum Posts by: Katie L.

Katie L. has started 0 posts and replied 563 times.

Post: Transfer Home Tax Basis from Parent to Child - California Prop 58

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Mark G.

Yes, there is a way to transfer property from a parent to a child and keep the assessed basis for property tax purposes the same.  You need to file paperwork with the county though to stop it from being reassessed and alert them it is a parent-child transfer.  It should not matter that the property is a rental property as the exclusion is available for both primary residence or other properties.  It will possibly matter though how the property is titled or held, if in any entities.

The fact that you're talking about buying it at below market rates, is a potential problem though.  This may have to be recorded as a part sale-part gift then if your parents are not going to charge full fair market value.  The difference of fair market value versus what you pay would likely be considered a gift to you, which may require the filing of a gift tax return, and would eat into their lifetime exclusion depending on the amount of the gift.  If you do a non-interest note, that also would be considered either a gift or your parents would have imputed income for the amount of the interest they're not charging you.  Everything needs to be done at "arms length" for it to be on the up-and-up.  Potentially your parents could charge interest but forgive it each year using their annual gift tax exclusion.  The interest rate doesn't necessarily have to be market rates, though.  The IRS lays out a guideline for family loans which I think is the AFR, which is usually below the market rates.

My understanding with regard to 1031 transactions is that the party needs to be the same on both sides. So if they enter into the 1031 as an individual, they need to purchase the new property as an individual as well. They should eventually be able to contribute to an LLC though.

Could your parents just gift you the property outright?  How old are they and what do you expect their relative life expectancy to be?  What's their relative net worth?  Under the newest tax laws that just came into play in December, an individual can gift or die with a combined $11.18M before being subject to transfer taxes (and $22M per couple with portability or split gifts).  That law is supposed to be in effect for the next 10 years, indexed upwards for inflation.  So if you don't think they will have $22m combined by the time they die, they could just gift the entire property to you, and pay no taxes.  If you receive the property by gift, however, you will take a carryover basis so you will be subject to large capital gains when you eventually sell it.  To avoid the capital gains taxes, they would have to hold it until their deaths so that you receive it with a stepped up basis via inheritance.  Also note that if you were to purchase the property from them, your purchase price would become YOUR basis in the property and if you're paying below market prices, then you have a built in gain as well that would be recognized when you sell it if you sell for more than what you paid for it.

I have the names of CPAs/attorneys if you need, though they're mostly in San Diego and Southern California.

*None of this post creates an attorney-client relationship or CPA-client relationship.  It is not to be relied upon and readers are advised to seek professional advice.

Post: Need a referal to CPA for private money lender

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Ed Kratz

You can try asking @Brian Schmelzlen who is based out of San Diego or @Logan Allec who is based out of L.A.  If you want some other names in San Diego, shoot me a PM.  Good luck!

Post: Which address to use for EIN application?

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Vincent Dang

The business address, the official one you listed on the LLC documents, which would be your home address if you do not have an office or business location from which you manage the LLC. This is the address the IRS will use to contact you. You may sell and buy properties within the LLC several times over, so putting the physical address of the property would cause more headaches and changes, and your tenants would receive your tax communications.

* This post does not create an attorney-client relationship nor a CPA-client relationship.  Readers are advised to seek professional advice.

Post: How to structure your LLCs for real estate & other ventures

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Michael Garofalo You can't form series LLCs in CA.

@Jonathan James Look For what it's worth, I agree with @Brian Schmelzlen.  Definitely want to check the source of your legal and tax information.

Post: LLC for first time flipper?

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@John Spina jr there’s a lot that goes into that analysis. Not as simple as giving you a 2 lined answer. You’ll want to speak with someone who is fully aware of your estate planning situation, tax situation, liability situation, etc. The answer will be different for each person. Depends if you’re doing the work yourself or you’re passive too. If you’re in NY and doing business in NY it also probably makes sense to find a person familiar with NY tax laws which can themselves be their own beast. You can try starting with Basit who is a regular contributor and based out of NY.

@Basit Siddiqi

Post: LLC for first time flipper?

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Paul Fagot

There are several considerations that can go into the analysis of whether you need an LLC or whether a large insurance policy will suffice. Will depend on several factors like the type of property, type of tenants, your risk tolerance, other assets you own, your estate planning, laws where the property is located, etc.

Any lawsuits would be limited to the assets of the LLC and not your personal assets (assuming you run the LLC appropriately and the corporate veil is not pierced). But, an LLC will not limit you from liability in total. You can still lose your investment in the LLC. If you're going the umbrella insurance route, make sure it will cover you for several things including just the routine slip and fall. You'll also want to ensure you have a good property manager to look after the upkeep of the property if you are not there to notice anything deteriorating or which may need attention.

You also want to look at whether a pass-through entity helps your bottom line and your taxes. There is a new 20% pass through deduction you may qualify for that could help you, but not everyone qualifies. You should still be able to get this even if the properties are not in an LLC, if you qualify. But some people are looking at creating two different entities and structuring it in such a way so as to be able to take advantage of the tax arbitrage in rates.

These are all things you will want to discuss with your attorney and CPA. If you need references for either of them in San Diego, let me know.

*This post does not create an attorney-client relationship or CPA-client relationship. Readers are advised to seek professional advice.

Post: Advice on First Ever Fix and Flip

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Account Closed

There's several considerations: tax, liability, transfer issues, cash flow, qualifying for a loan....

You'll definitely want to look into insurance... is Kyle a licensed contractor with his own insurance?  What if he gets hurt on the job, or if he fixes something which breaks shortly after the new purchaser buys it.  Statute of limitations can be somewhere in the 4 year range based on contract law.  Will you be requiring buyers to get the home inspected before purchase?  Will there be language that the buyers are purchasing the home "as is"?  Do your activities rise to the level of being a broker such that you need to get a license or else risk "brokering without a license" charges?

You'll want to look into creating an entity of some kind to protect yourselves.  You'll also have to think about how you want to split profits and losses between the two of you if one of you is fronting cash and the other is fronting services.  Will you own it and Kyle be an employee? If so, that opens up other requirements you need to do as an employer.  Will he be an independent contractor?  You'll want to make sure you structure the language in the correct way based on what you decide.  You also want to be aware of any self-employment taxes that could be looming.

You'll also want to get a CPA involved or a tax attorney from a tax standpoint... what sorts of estimated taxes do you need to pay, what kinds of cash flows can you expect..  Where will you find clients and business to keep your business afloat?

You'll definitely want to get in touch with some professionals.  Good advice is worth paying for.  Sounds like you have great things ahead of you though, congrats!

*None of this post creates an attorney-client or CPA-client relationship.  Readers are advised to seek professional advice.

Post: Redding, Ca Real Estate Attorney

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Paul Fagot

What kinds of services are you looking for?

Post: LLC, LP, or S Corp? Which structure do you prefer?

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Account Closed

I think the LLC is a solid choice and the best choice for most of the people who I have seen use it. Not always the right way to go, but a popular choice for real estate holdings.

Post: LLC, LP, or S Corp? Which structure do you prefer?

Katie L.Posted
  • Attorney and CPA
  • San Diego, CA
  • Posts 590
  • Votes 422

@Matt Pich-Maxon

There's a lot that goes into that analysis. Depends on what you're doing with the real estate (buy-and-hold, flipping, wholesaling, etc.), how much work you are doing personally (do you rise to the level of being an employee, do you want merely passive income), do you wish to have the real estate provide earned income for you (for instance, if you wanted the ability to contribute to a retirement plan with pre-tax money), etc. There will be slight differences in self-employment taxes in each instance. S-corps have some limitations on who can be shareholders. LPs have to have a GP, who will have unlimited liability. Each will have different filing obligations with the State, though each will be subject to the California $800 minimum tax. LPs have to have at least two partners, whereas LLCs and S-corps can have only one single member/shareholder. Corps are generally not advised for holding title to real estate, and you have possible built in gains taxes with an S-corp. So... if you ask 20 people, you'll probably get 18 different answers because the best option varies for each person depending on their circumstances. It also may depend on their other assets, their estate planning, who they are investing with, etc. I work in San Diego and have seen several different ways to do it and a different entity type for different situations, though most people seem to favor the LLC.

*This post does not create an attorney-client relationship nor a CPA-client relationship.  Readers are advised to seek professional advice.