All Forum Posts by: Michael Plaks
Michael Plaks has started 107 posts and replied 5248 times.
Post: Purpose of a LLC and types of LLCs?

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
The easy part: taxes. There're no tax benefits from LLCs for landlords, except for some rare and complicated cases.
The difficult part: asset protection. Zero consensus between attorneys. They all have different opinions, unfortunately.
There have been several threads on this forum recently that discussed LLCs and asset protection in depth, including this one. Please look at them.
Post: Recommendations for a 1031 QI

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
Originally posted by @Terre Oswald:
Post: H&R Block/Turbo Tax vs. CPA

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
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Originally posted by @Mark Richardson:
-Mark
This is what most of us do. By us I mean the tax accountants on this forum. We serve clients nationwide, remotely, using technology. The technology we use varies, and so do the services we offer.
Post: H&R Block/Turbo Tax vs. CPA

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
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The problem that @Paul Allen mentioned is one of a few common ones. They happen when the tax return is created from scratch every year instead of being transferred from year to year - in which case the software picks up the carry-forward items. But if you keep changing software or lazy tax offices - then such items are dropped, costing you money.
This is the textbook dilemma: don't pay but risk costly errors or pay a professional. You can also change oil in your car and cut your own hair, as long as you know what you're doing. If you;re willing to invest as much time as @Dave Toelkes did in learning about taxes - then you can probably self-prepare. There're not many investors who understand taxes, however.
Post: H&R Block/Turbo Tax vs. CPA

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
Originally posted by @Michelle Eisenberg:
@Michael Plaks I really appreciate your response. What you said about H&RB makes a lot of sense. When I've done my taxes in the past, I've done it myself using their software online, so I haven't interacted with a tax preparer in person. I should probably have made it clearer in my original post that I was debating between continuing to do my taxes myself online using tax software like H&RB or Turbo Tax vs. working with a CPA in person. After all of the responses, I'm definitely leaning strongly toward working with a CPA rather than doing it myself online.
Like my colleague @Account Closed said, you can successfully complete a basic tax return with couple rental properties yourself - as long as you're willing to invest some time into understanding the rules, which you're doing by reading the books.
A good tax professional who understands real estate (this part is critically important, as REI tax rules are unique) will still do a better job and likely save you some money. Your compromise could be to do it yourself and, before submitting it to the IRS, have a tax pro check it out. The risk is that you may end up paying more for tax prep this way, if the accountant discovers that you made major mistakes, and you need to hire him anyway. Well, could be considered the price of learning.
Eventually, an accountant will be necessary for you, as our ultimate job is not tax preparation but the proactive tax planning. This is where the real value is. The bigger your business, the more it matters. Good luck in this business!
Post: Writing Off Improvements- Safe Harbor

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
What you call materials and what the tax code calls materials are two different things, unfortunately.
The initial rehab, including both labor and materials, is generally not deductible right away, except for some specific items such as appliances, carpet, fence and similar things. Many details are involved, so there's no quick online cheat sheet that you could rely on. A lot of it is under the "it depends" category.
Which is why we accountants enjoy our job security. :)
Post: H&R Block/Turbo Tax vs. CPA

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
Originally posted by @Paul Allen:
Originally posted by @Michael Plaks:
"trade or business" which is conveniently undefined in the code.
My bad. I was not sure how to spell "inexplicably" - English is not my first language :)
Besides, in the Code, almost nothing means what we think it means.
Post: H&R Block/Turbo Tax vs. CPA

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
Originally posted by @Katie L.:
@Michael Plaks why do you say that 199A will not apply to casual landlords?
Nobody knows for sure at this point, of course. Sec. 199A only applies to a "trade or business" which is conveniently undefined in the code. The general consensus is that this term will be applied as in Sec. 162.
A typical casual investor with a full-time job and couple rentals on the side does not meet this definition.
Also, most leveraged SFHs show a loss on taxes anyway, after depreciation, so Sec. 199A would be irrelevant even if applicable.
Post: If a Trust Can't be Party to Contract, How Are Owners Confirmed?

- Tax Accountant / Enrolled Agent
- Houston, TX
- Posts 5,308
- Votes 6,335
It seems you're trying to complete the closing paperwork by yourself. I would not, especially when a trust is involved.
At a minimum, ask the title company for assistance. If they know what they're doing, they will help. I've heard stories of incompetent title companies, however. You best bet, of course, is an attorney, and I'm not one.
Post: Solo IRA Recommendations

- Tax Accountant / Enrolled Agent
- Houston, TX
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All IRAs are solo by definition. You can have an IRA whether or not you have a business. When you hear the word "solo" - they are talking about a Solo 401k, which is a different type of an account, and they are excellent for the self-employed investors without employees.
Some of the providers with solid reputation are @Dmitriy Fomichenko, @Carl Fischer and @Brian Eastman.