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All Forum Posts by: Tony Kim

Tony Kim has started 12 posts and replied 831 times.

Post: Depreciation calculation after 1031-exchange

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Michael Plaks:

@Tony Kim

Implementation depends on the software, and TurboTax is ill-suited for this. Even my professional software requires manual adjustments for the correct recording.

I will mention a few pointers, but I cannot guide you thru the details.

- the relinquished property asset cannot continue as you suggested. It has to be disposed, for the correct calculations on 8824.

- the carryover basis will have to be set up as a new asset, matching the exact history of the relinquished property asset. This is very tricky to enter correctly, because you need to set it up for the remainder of the 27.5 period and not the entire 27.5 period.

- the additional basis is a straightforward new asset

- there's an option to elect to combine them, and sometimes it is a good idea, but not always.

Thank you very much! I find that at this level of doing your returns, I utilize the 'forms view' mode much more often than the interview or step by step mode. I hope I can get it to work!

Post: Depreciation calculation after 1031-exchange

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Michael Plaks:
Originally posted by @Account Closed:

How would the EXCESS BASIS for the new property along with the TAX BASIS for the old property be entered/reported?  Would I create two assets in the ASSET WORKSHEET /Schedule E?  One for the excess on the 27.5 year  and one for the relinquished tax basis as if I still owned it?

 The short answer is yes. In reality, it gets a little more complicated.

Hi Michael,

Can you elaborate on how it would be more complicated? I'm trying to finish my taxes right now. I figured that I would continue the depreciation schedule on the relinquished property, except I would be calculating it on the Excess (Additional) Basis found in form 8824 instead of the Exchanged (Carryover) Basis. And for the new property, I would calculate it the same as I normally would, except I would subtract whatever amount carried over from the relinquished property. Am I on the right track?  Thanks.

Post: Active Participation Question

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Eamonn McElroy:

If you and your spouse lived together for any amount of time during the tax year and file married filing separately, you cannot use active participation to allow passive losses.  Point blank, it's off the table.  Married filing jointly usually makes the most sense for the majority married taxpayers as there are a good many "penalties" under MFS.

"However, in my wife's return, we could utilize the passive losses by categorizing them as non-passive and deduct that portion against her W-2 and 1099 income."

Active participation doesn't turn passive losses into non-passive.  It merely potentially allows a portion of passive losses to be used during the year for qualifying taxpayers.

 Ahh, got it. Sec. 469(i)(5)(B). Thanks Eamonn.

Post: Active Participation Question

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015

Hello,

I was hoping some of you experienced tax professionals could help me with a question. When looking at the way we manage our properties, I think we would easy qualify as active participants as we are 100% owners and pretty much take care of everything. The thing that disqualifies us is the AGI limitation rule. However, if my wife and I were to file married but separately, my wife would qualify as she does not work full-time and her AGI was below 75K. 

Would filing separately allow us to utilize some of our accumulated passive losses from this year (at least the portion that will be allocated to my wife's return)? Since we live in community property state, I figure we would split and assign the RE income & expenses 50/50 to each of our returns. My returns would calculate the RE income as passive and carry forward any losses to next year. However, in my wife's return, we could utilize the passive losses by categorizing them as non-passive and deduct that portion against her W-2 and 1099 income.

Can anyone tell me if this is a viable strategy? I'm just worried the IRS might view this as too much of a work-around in order to harvest some of our passive losses this year. SALT limitation imposed beginning this year is really killing us.  Normally I'd be content to carry-forward all passive losses. However, the amount I owe this year is shockingly high and so I just thought I'd look into possible ways to soften the blow.

Thanks!

Tony

@Linda Weygant

Post: 2018 Tax Horror Stories

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Jay Hinrichs:
Originally posted by @Kevin Gray:

I hate to be a downer, but with a significant overhaul of the tax code recently we are seeing first hand some RE investors (and individuals) get hit with huge tax bills and sometimes penalties.  There are tremendous benefits in the new tax code, but can be very challenging if you're not working with a pro.

Was curious to hear some "horror stories" out there.  Maybe cautionary tales that can save investors tens of thousands of dollars in mistakes.  I'll provide one we came across....

We met with an investor who cashed out all of their retirement accounts (under 59.5 years old) to invest in an opportunity zone.  The problem was it was not a qualified opportunity zone FUND, they just bought the  properties and proceeds from retirement accounts are not capital gains!  Throw in the 10% penalty in addition to the income taxes owed on the distribution and these individuals found themselves with close to a 6 figure tax bill.

well that was a big boo boo not talking to their accountant first.. 

I paid everything I could pay in last week of 2017  to get the right off  IE state tax and prop tax etc.. the SALT is a major issue and I still cant believe Trump administration thought that was a good idea..   it caused me to move out of Oregon and relocate to NV with no state income tax.. at least as it relates to my income outside of Oregon..  also Vegas is seeing a big run from Socal folks moving here that work out of their homes etc..  Its an issue.

I participated in the Gozone tax structure last decade.. and just like what your talking about many went of half cocked and bought properties in the go zone but they did not qualify to take the deduction. and a gozone election was a almost guarantee that your file would be pulled for audit mine was.. my guy was in and out in 30 minutes..  

SALT is going to really hurt. It's going to hurt a lot of folks in the coastal states. Part of me thinks it was partially driven by Trump's dislike of California. Changing your primary residence to a state outside of CA is the most effective strategy, but that isn't an option for me unfortunately. I know that many states were working on a work-around, but I don't think that amounted to much. Also, I doubt the IRS is going to look kindly on any of these sort of tactics, let alone accept any of these types of returns without triggering an audit.

Also, some tax situations happened in 2018 that were out of my control which are also going to hit me hard...namely, a hard money lending fund in which I had a very large investment converted to REIT. This basically converted what was originally passive income to 1099.

Post: House Hacking In Los Angeles

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Sophia Fong:

Hi everyone!  I am a newbie real estate investor and I am currently on the search for a multifamily property (2-4 units) to buy.  I currently have 40K saved to help place a downpayment and hope to finance the rest.  Most of the multifamily units are around 600K and up across So. California.  Curious to know if anyone had invested in multifamily in the last year and what it has been like with renting out and if there is any chance for cash flow, or is anyone house hacking?  Have you been successful at all?   Curious to know what your experience has been.  I've ran numbers with the calculators on BP but it all seems to be running negative.  =(   Any thoughts of what good new investment type deals would be good for a newbie?  Thank you for your time for replying to the post!

With 40K, you aren't going to get any positive cash flow anywhere in So Cal, no matter where you look. Are you currently renting or do you own? If you are renting and want to get started, my suggestion would be to house-hack a multi-plex. The way I see it, you can either buy a SFR and pay a monthly mortgage or buy a 3-4 plex and pay a monthly mortgage, partially offset with your rental income. It would be hard to say which would result in a lower net outflow because there are too many variables involved and I have no idea where you are targeting. But if you are serious about getting started and are looking to get exposure to the RE market with 40K, this would be one way to get started.

As mentioned above, OOS turnkeys are also an option, but don’t get overly influenced by the low prices. TKs as an asset class are an excellent option for some people because they are convenient, allow for a low-entry point in terms of initial capital required and provide (in most cases) a modest amount of immediate cash flow. But there are plenty of downsides also, which I really won’t get into here. I will say that I have one TK property in the Midwest. It’s performed about as well as I could ever hope for and the PM has been fantastic…but I’m pretty sure it’s the last TK I will ever buy.

Post: Memphis Cash Flow Doesn't Seem to Be That Great! So Why Memphis?

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015

Those numbers look like numbers for a C or D class property. The last time I ran the numbers for a good quality property in Memphis with 20% down non recourse, cash flow was minimal...significantly less than your numbers. 

Also, keep in mind that if you truly are able to get 260 per month, then that is actually a pretty decent return on your investment (3,120 ÷ 18,000 = 17.3%). However, like @Jay hinrichs alluded to above, you'll be taking on some significant risk due to the inherent volatility of cash flow from maintenance items and tenant turnover/vacancy. Properties in the Midwest that rent for well under 1,000 tend to be more volatile. 

Post: Significant Net "Losses" on Taxes despite Positive Cash Flow

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Joe Splitrock:
Originally posted by @Allan C.:

@Joe Splitrock deferred taxes due to depreciation offset is still a great gift. Time value of money always favors cash today over depreciation recapture years down the line.

You are making my point exactly. You spend $100K on a rental property today and the IRS only lets you claim part of the expense over 27.5 years. So I outlay cash today and don't see the full benefit until almost 30 years in the future. 

The way business works, you have expenses and income. You only pay taxes on the difference. So I would not call returning your money a gift. Without it, nobody would buy rental property.

There was debate in congress with the last tax bill about changing it so that 100% of a purchase could be taken in year one. You could have rolled over loss until it was gone, they you just pay regular taxes and recapture when you sell. They took it out because they wanted more taxes now. Still some of the 100% bonus deprecation measures made it in. It drives spending and investment.

Yeah, but you're being allowed to deduct, on an admittedly long amortization schedule, a cash outlay that does not immediately affect your BS.

Post: Significant Net "Losses" on Taxes despite Positive Cash Flow

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Andrey Y.:
Originally posted by @Todd Rasmussen:
@Andrey Y. Agreed! We also enjoy the benefit of reducing our taxable income through our properties.... and write a loss even though we cash flow! It’s amazing.

This is truly mind-boggling to me! Let's enjoy it. The funny thing is, I'm only at roughly 45% LTV across my portfolio. So I'm pretty under-leveraged. If I would take out more leverage or hire a property manager for my properties, I think the tax benefits would be even better!

It truly is mind boggling. One point of clarification however. Interest expense and PM fees aren't cash-less charges and thus would not be a true tax benefit. Your tax liability would go down, but so would your income and cash flow.

Post: Borrowing money from parents for down payment

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Originally posted by @Chris Babcock:

@Kristina Lugo

Have you successfully BRRR'd a property before?

Do you have a contractor who is willing to work with you and a 203k product? There's a lot of moving pieces when borrowing money to rehab. There are also not many inexpensive contractors who are able to 'wait around' till the job is done to be paid. Keep in mind that in order to close with a 203k product you need a GC to give a bid, the bank needs to approve it, you close, you get rehab money out for materials, the rehab work goes on and gets completed, the bank re-appraises the property to ensure the work has been completed, then the rest of the rehab money is released from escrow to pay the contractor for their labor. Oh an all of that needs to happen in 6 months from the closing. GCs who are willing to take on this kind of work usually are paid top dollar vs your contractors you find on craiglist who want you to pay them every Friday.

I ask because I don't think the BRRR strategy always pans out as planned. As others have mentioned before, you really have to have costs finely tuned to pull it off then get it to appraise for a significant LTV in the cash out process.

Now if the answers to all of the above is yes, then you can probably move onto considering how to finance the deal. Why are you thinking you would ask your parents to borrow from their 401k right of the bat? Why not just ask them for 10k they have lying around? Also, your parents, I assume are close-ish to retirement age, this isn't a great time to be complicating your 401k with a liability IMO.

I don't mean to be rude or overly blunt, but if your parents do not have $10K in liquid cash available to lend you, I would urge you to reconsider borrowing money from them at all. It sounds like they aren't in a financial position to lend you money, let alone dip into their retirement account. Also, BRRR is one of the riskier types of RE investing for people just starting out. Unless you are experienced at this and have a good team of contractors with whom you have an established relationship, the chances of them recouping their 10K via income generated from the property aren't that good.

If it's a duplex, why not just trying house-hacking?