TAXES Real Estate

CYA “Cover Your Assets” Tax for Real Estate Investors Meeting Notes

I don’t think anybody would expect an “asset protection and taxes for real estate seminar” to be exciting, but we had overwhelming response and interest in this topic from both investors and brokers.  Attendees were riveted for more than two hours with the incredibly useful information shared by Scott Estill, principal of the tax legal firm Estill & Long LLC in Denver CO.  Here is a short summary of some key points followed by a link to the complete presentation.  If you would like an email announcing the Advanced Real Estate Strategies for Taxes and Asset Protection seminar please use the Contact Us Page with the subject “TAX.”

• Keep Records or for at least 4 years AFTER you sell a property and keep tax returns forever
• IRS is currently targeting real estate professionals and real estate dealers and Sub-S Corps and exchanges for audits
• Reduce chances of audit by using entities (not sole proprietorship), filing accurate organized returns with no blanks
• Business expenses must be “ordinary and reasonable.”  Use the smell test.
• “Own nothing but control everything…”  -John D. Rockerfeller
• Taxation in S Corps are generally better for dealers and brokers for self employment tax reasons
• Limited Liability Company (LLC)  is the most flexible type of entity, may be taxed various ways based on election

Real Estate Tax Attorney Presentation Link

Thanks again to Scott or presenting this valuable and timely information to our members and clients.

Here is the link to the
Complete Tax and Asset Protection for Real Estate Presentation.  

Reminder and Warning:  this is proprietary information (owned by a law firm!) so please honor the intellectual property and copyright of Estill and Long LLC.

Unfortunately, even with more than 2 hours runtime, we did not have enough time to answer all the great questions, especially about real estate dealers and real estate professional tax issues.  Based on the overwhelming interest and number of questions raised at the last meeting of the Denver Real Estate Strategies for Investment Property, I hope to put together a more advanced class.  If you have interest in this topic please sign up for the Real Estate Investor Tools Tips and Resources newsletter on this site and I will send out the announcement.  The attorney’s were very generous with their time as a sponsor of the Private Market Group investor meeting , but fair warning the in-depth class may be a paid class.  Based on the “entry level” class, however, I think the amount of tax savings will be well worth a small about of tuition.

Here are some important tax related links for clients and other Denver Real Estate Investors:

• IRS Forms for Taxes
• Form to File Articles for new Real Estate LLC in Colorado
• Form to get an EIN number for your real estate LLC

Important Disclosure:  The Private Market Group at Your Castle Real Estate Inc, PMRE LLC and Paul Barrow as Real Estate Broker are not qualified to provide tax or legal advice.  The information provided on this website should not be relied upon for making decisions related to taxes or legal or any other company or personal decision.

Colorado Seller Financing Bill Will Allow Owner Carry on Second Home Mortgages and Residential Investment Properties  |

On behalf of lifestyle property buyers, sellers and real estate investors, the Colorado Association of REALTORS® is working with Rep. Ray Scott (R-Grand Junction) and Sen. John Morse (D-Colorado Springs) on a bill that makes changes to Colorado law pursuant to federal law on seller financing.  Industry folks say these private market transactions are helpful to spark activity in today’s environment.

“How about if we allow older property investors with equity and younger lifestyle folks looking for financing to cooperate?”.  Now that would be a great show of  bipartisanship in Colorado?”

HB-1022 is titled “Seller Financing of Real Property”.  The legislation would allow Colorado property owners to carry the financing on up to three transactions in any 12 month period without obtaining a mortgage origination license. Current Colorado state law allows only one owner financing transaction in a twelve month period, and solely for an owners residence.  As reported in a previous post about HUD changes to owner seller financing rules,  current rules are not healthy for the Denver real estate market. Does anyone benefit from preventing these transactions?   Call you legislator and express yourself!   Or just make a comment below and I’ll pass the message along with others.

Go Teamwork  -  Please take a moment to Share / Save / Tweet / Like / Comment.

To find the current status of House Bill 1022 visit the Colorado General Assembly home page and search for House Bill 1022 – Seller Financing of Real Property. Or you can Download HB 11-1022 Owner Financing / Seller Financing Proposed Law Changes.

Amendment 20 Economic Impact in Denver

Medical marijuana might seem like an odd topic for a real estate blog, but bear with me and I will explain. There are three interesting social trends happening in Denver in 2010, two have been publicly and proudly announced, and one is a little more underground, but buzzing:

• Solar and “green” movement
• Exercise and “health” movement
• Medical Marijuana “growth” movement

Growing the Green Movement

Seems from the headlines that Denver Colorado is becoming quite enlightened!  New “green” service and construction businesses are prolific, and yoga studios are popping up everywhere. These businesses are having a positive affect on the small commercial real estate market locally. But would you believe that the medical marijuana movement in Denver is also having an interesting and tremendous impact on real estate owners, landlords and the legal community?

Property owners and managers advertising rental property are receiving multiple requests for leases on everything from single family houses, all classes of retail centers and even some industrial buildings. These tenant applications are from a new “growth industry.” Namely from well financed entrepreneurs seeking to open medical marijuana growing facilities and retail dispensaries.

The Landlord’s Legal Problem

Despite being offered premium rents by qualified (financially) and permitted use businesses by the City of Denver, most property owners are being advised by their attorney’s to not lease to them. The reason is that while state law allows for this type of use under Amendment 20, Federal law still prohibits the controlled substance. The risk to owners (as explained to me by our attorney) is that Federal seizure of the property is possible.

Consequently, this phenomenon has also been a boon for specialists in the legal community. I know several sophisticated property owners who are spending tens of thousands on lawyers trying to find ways to minimize the risk of signing leases with these business owners. Their fear is having their properties “go dark” during any Federal legal issues that may arise.

The economic risks are interesting to calculate. One dispensary owner I talked with plans to reserve 15% of gross proceeds for legal representation. The question we are trying to answer is how much should a property owner reserve, and how significant is the rent premium for leasing to this type of user?

The Foreclosure Factor

The calculation becomes more interesting when you factor in the distressed condition of many properties and loans in the commercial real estate sector.  If an owner has significant equity in the property and is in no danger of foreclosure or financial distress,  then leasing to a medical marijuana grow facility or retail dispensary may not be worth the risk.  But to the growing number of distressed property owners who are having trouble finding tenants and making mortgage payments, the risk reward calculation changes. If an owner is teetering on losing a commercial property to the bank in foreclosure, perhaps he or she will be more interested in signing a premium priced lease?

My Interview with a Special Investigator

I was having a pretty normal day at the office, comping properties, checking on email etc.  Until a pleasant looking woman arrived unannounced just after lunch and handed me her card:  Special Investigator for the Denver District Attorney. Ouch.  She asked me if I had a few minutes?  What else could I say, but “c’mon in…”

I asked what it was about, and learned that a certain property that we purchased and then resold last year was under a fraud investigation.  A fraud, apparently, that is becoming more and more prevalent in today’s real estate market and investors need to be aware:  people selling property that does not belong to them.   She asked me to pull the file for the property and then asked for copies of several of the documents.   Lots of weird questions ensued:  Please describe the seller’s, height, weight, distinguishing features?  She then showed me some pictures.  What do you remember about the ex-wife?  Excuse me?  What ex-wife?  I remember the son and the mom from closing, that’s it.  And they did not look anything like the people in the pictures!

Interesting thing was that we DID receive a call to the office earlier in the year from a person who complained that someone had sold her house without her permission.  But she sounded kind of crazy and we get calls from weirdos a lot in this business, so none of us really thought much about it.  But remembering that call, all of a sudden I felt like I was starring on the TV show Law and Order, so I had to ask:  “Should I be calling my attorney?” She sweetly replied that is was not necessary at this point (right), and informed me she is “a cop, not an attorney.”  (whew?)

So the story goes, apparently the “seller’s” of this particular house may not have had the right to sell the property.  This was a mild case compared to the blatant fraud that is happening with other deals, according to the investigator.  In this instance the husband “allegedly” removed the ex-wife from the deed with a Quit Claim deed without her permission and then sold the property and kept all the proceeds.  In my head the question kept coming up:  Am I in any way responsible for this?

After a pretty long cop-like conversation, I’m pretty sure I convinced her that our office and business had nothing to do with the Quit Claim deed and alleged fraud.  Although she admitted there were some red flags.  The organized groups that commit this type of fraud use a team of investors and agents, have in-house notary and use small private title companies to close the transactions.  We have that in common with the criminals.  Thankfully, we do keep impeccable records of our transactions and we were able to provide all documents she requested.  And the dates confirmed that our affiliated people or companies were not involved with the forged signature on the deed.  She also made phone calls to the title company and all the employees who were involved in the transaction and all our “stories matched.”

The investigator suggested that we make some procedural changes to our buying system which I would like to pass them along to other investors:  Ask for and get a copy of the driver’s license of the person who is signing the purchase contract at the time of signing. Make sure the driver’s license matches the title work, and be watchful of strange title occurances (like Quit Claim deed, power of attorney, etc).  We have previously left this type of identity checking to the title closer and never paid much attention during escrow if the title work came back clean.  In all my years of investing, this has never happened to me before, and hopefull will never happen again based on the new procedure.  Investors, keep a sharp eye out for this type of fraud!

Will it Happen Again?

Due to increasing requests about using IRA funds to purchase investment real estate, our team has created new preferred relationships for clients that streamline this process.  We now offer programs for direct IRA purchases of turn-key rental properties without or with leverage up to 65% non-recourse loans.  We can also organize purchases for LLC’s that own investment properties and private lending notes and first deeds of trust for our clients. 

In order to begin the process, you will need to establish a self-directed IRA account.  It is unlikely that you will be able to obtain this type of IRA account with your current brokerage or bank.  A quick google search will retrieve many custodians who help investors open real estate IRAs.  After comprehensive due diligence of many of these companies, we have selected Equity Trust Company for our own accounts and recommend that our clients include this company as part of their selection process for a custodian.  Consider account and transaction fees, allowed structures, types of entities, consulting and customer service when selecting a custodian.

The following types of accounts can be transferred to a self-directed account for full control by the owner:

• 401(k) rollover IRAs
• Roth IRAs
• SEP IRAs
• SIMPLE IRAs
• Solo 401(k) plans
• Traditional IRAs

After you have selected a custodian and opened a self-directed account, you will begin the process of determining what type of investments to buy.  Within your IRA, you will have many option for investments, including purchasing property directly, buying into LLC’s and Limited Partnerships, as well becoming a lender and holding a mortgage on a property that pays interest to your IRA.  If you choose to purchase property directly, it is possible to use a loan for up to 65% of the value of the property, using a 35% down payment from your IRA.  There are many rules and regulations pertaining to these transactions, so it is critical to get professional legal and accounting counsel during the process.

It is also critical to choose a real estate professional that understands the benefits and risks of investing in real estate (whether in your IRA or otherwise).  At PMRE, we pride ourselves and providing good education about real estate investments to both investors and real estate agents.  There are many agents in the industry that are very knowledgeable about normal transactions, but there are only a limited number that specialize in investment property – especially in the residential investment business.

Turn-Key Rental Properties Available in Central Denver
Our core business at PMRE continues to be turn-key investment properties for well-qualified borrowers.  Our turn-key rentals are completely hands-off investments, and ideal for IRA investment customers.  Here are a few of the benefits:

• Purchase price is discounted to current appraised value
• Extensive remodel completed including systems and finishes
• Professionally screened tenants in place on 12 month leases
• Carefully selected Denver metro neighborhoods
• Transferable full-service property management
• Referrals to qualified tax and legal advisers

Private Lending Notes 8% Monthly Income
The combination of changes of financing rules in November of 2008 combined with recent stock market losses have spawned a new industry of private lending in residential real estate, which we are embracing.  We are offering clients private first deed of trust mortgages on remodeled and rented income properties with good credit borrowers.  Please email us for current availability, 8% monthly payments to your IRA begin immediately.

Fix and Flip Opportunity
The stimulus package tax credit, low prices and low interest rates have further improved the first-time home buyer market.  A combination of low inventory of remodeled homes compared with ugly bank owned homes has created a “pent-up” demand from these buyers in some markets.  The 2009 selling season may be a very good time to be in the fix and flip market, but you must have quality product and a competitive price.

PLEASE NOTE:   We are not a “guru” sales pitch business offering “no money down” real estate investments and unrealistic expectations.  Our guideline for potential investors includes liquidity, verified income and good credit to purchase investment houses or units.  Our Private Placement investments require you to be an existing client and complete a form that states you are an accredited investor.

If you or someone you know may be interested in IRA real estate investments, please have them contact us for information.