Posts Tagged tax implications

Passive Income, Depreciation, And Tax Implications

Daggumit, show me how to lose money faster a young and na’ve Dr. Anderson instructed his accountant. I mean, I just spent $175,000 on an investment property and I can’t write that off this year but rather 27 ” years instead” Fortunately for me, the accountant was patient and understanding.

As many of you know, one of the major benefits of owning real estate is the tax benefit. Specifically, the Government allows you to “pretend” you are losing money on a property when in fact it is really increasing in value. On some of our investments, we were pocketing $1,000′s of dollars per month tax free (well, sort of) and it is all completely legal.

In our preparation for really understanding how the Go Zone can have a major impact on investors, we have to take a step back and understand a little bit about the tax laws related to real estate activities.

Disclaimer: We are not tax attorneys or advisors. The information contained in this article is for educational purposes only. Please consult your appropriate legal/tax advisor.

What Is Depreciation?

Oh, boy now we get to talk about the exciting stuff… taxes, depreciation, “root canals”. As a real estate investor, you DO NOT need to know all the specifics however you DO need to know enough to think through the approximate tax implications of a potential deal. Then, if it looks good to you, you can then double check with your tax advisor.

Depreciation refers to the periodical decline in value of a property due to wear and tear that naturally occurs over time. Since land never wears out, it is not subject to depreciation. Land costs even increase over time. As per the law, a residential property has a depreciation period of 27.5 years and a commercial property has 39 years, both on a straight line basis.

There are multiple methods to compute an asset’s depreciation value. The simplest and most common method used is the straight-line method. The straight line method implies that the depreciation value of a property is equal every year of its useful life. The depreciation value is calculated by dividing the purchase amount of the property by the corresponding depreciation period. So, for example, if you bought property consisting of a house and land with the house costing $200,000, you could “pretend” you lost $200,000/27.5 = $7,272 of value and potentially “write this off” your other income.

Suppose this property actually produced $600 per month positive cash flow and actually APPRECIATED 7% this year. From a simplistic view, we would make $7,200 in income, lose $7,272 in depreciation, and thus have a net loss of $72. Until we sell the property, we can ignore the actual appreciation in value. Suppose the person who owns this property is in the 33% (28% Fed 5% State) tax bracket. Even though they put $7,200 in their pocket, the income tax liability may actually decrease $24; without the depreciation, they would have owed $2,376 in taxes!

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What is a Short Sale?

With the recent boom in foreclosures hitting the nation, it’s almost certain that if you watch the news or read the news paper, you have probably heard the term short sale… But do you really understand or know what a short sale is? For many, they are still unclear.

Put simply, a short sale is when a lender or lenders, accept less that the full amount due on a loan when the property is sold. The lender will usually accept the short sale to avoid the time and expense of a foreclosure, but do require that the owner of the property show some type of a hardship, or reason that they can no longer afford the home and need to sell. In a short sale, the lender will pay all of the fees that are involved with the sale, including the Realtor’s commissions.

With home prices down over 29% across the nation, many homeowners are finding themselves in a position where they no longer have any equity in their property. And even if they have a small amount, when a borrower is in default on a mortgage they not only owe the back payments but also may owe late fees, back taxes, attorney fees, etc. This can add up quickly to eat up all the equity the borrower had in the property. If the borrower is unable to bring the account current the lender will then foreclose on the property. With a foreclosure, the lender can lose up to 40% of the mortgage amount because of the extra costs involved with foreclosing on a property: attorney fees, court costs, lost interest, eviction costs, property maintenance costs, and selling costs. Foreclosing on a property can take anywhere from a few months, up to 2 years in some states. Therefore, it is sometimes in the best interest of the lender to accept the short sale.

It also can be in the best interest of the borrower. They will not have to endure the time and stress of a foreclosure and their credit may not be as adversely affected as it would with a foreclosure. It is quicker and easier and does not subject the borrower to the embarrassment of a foreclosure.

How does it work?

The first thing the borrower should do when they can no longer afford a property is to contact the lender immediately. The last thing a lender wants to do is foreclose on the property. When contacting the lender, they have departments that work with people who are behind on their payments to resolve the situation and will be able to direct you to their departments.

Unfortunately though, these departments are typically understaffed, overworked, and have very poor systems in place. Getting through to someone and getting them to actually work on your file can be a very frustrating battle. This is why it is important to hire a Realtor, or Realtors that are experienced in short sales and dealing with the lender that hold your mortgage. If they are experienced, they will have the numbers and the contacts to get the deal done.

Once you have notified the bank, the first step will be hiring a Realtor and placing your property on the market. With most lenders, they will not review any paperwork or consider you for a short sale until your property has been listed on the market and a buyer has submitted an offer. Once that has taken place, there is a lot of paperwork the lender will require along with the offer in order to consider the short sale. The information required may include:

• Income documentation such as 2 years of tax returns and W-2s, along with one month of pay check stubs to verify the borrowers’ income.

• Bank statements to verify the borrowers’ assets.

• Hardship letter – this letter will describe for the lender the reasons the borrowers are in the financial position they are in and will ask the lender to accept the short sale. Borrowers should make this letter sound as sad as possible and back up the story with any documentation you may have such as medical bills, etc.

• Financial Worksheet – this worksheet will show the borrowers net montly income vs. all of the monthly expense, and will be used to show that the borrower is unable to afford the property.

• Fair market value for the property –depending on the lender they may require aComparative Market Analysis (CMA) from the Realtor justifying the price of the property.

• Purchase agreement signed by all parties.

• Preliminary HUD1 – This will show the proceeds of the sale of the property after the mortgage is paid off and all other closing costs and fees are paid. This will show the lender what they will be receiving as the short payoff.

• Listing agreement.

• (And many lenders have their own specific forms that are required in addition to everything above.)

Once the lender receives all of the above information, they will hire an outside third party to complete either an appraisal on the property or a BPO (broker’s price opinion) to determine the fair market value of the property. They will use the information provided above to make sure there is a hardship and they will compare the offer that is presented against this value to determine if the short sale makes sense, or if they can obtain more by going through foreclosure.

Once the lender has reviewed all of the information, they may or may not approve the short sale. If they do not approve the short sale they will proceed with the foreclosure. If they do agree to the short sale, the transaction will move forward the same as a normal sale, you will close on the sale of your property and the lender will take the loss.
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