Tax Tuesday with Toby Mathis 09-18-18

Jeff: Good afternoon.

Toby: If you don’t know, Jeff Webb’s a tax manager here, and I am one of the partners. I’m not an accountant but I’m an attorney. Jeff is actually a CPA. This is Tax Tuesdays. If you’ve never been on Tax Tuesdays before, all we do is answer all sorts of questions. Let me see here whether I’ve got the right question field up. Look at that. We’ve got a bunch of people asking questions. Let’s see. We’ll get to all your questions, making sure you can hear us in the question and answer part.

Just say, “Yes, I can hear you loud and clear,” to make sure that we’re getting through to everybody. If you do that, then we appreciate it. There we go. I’m getting a whole bunch of “loud and clear”, “loud and clear”, “loud and clear”. All right, if you don’t know the format if Tax Tuesday, it goes like this. We answer a whole bunch of questions. We answer the questions that people ask via the email that I’ll be giving you at the end of the webinar, and we grab a whole bunch of them, and we just start answering them.

If we can’t answer the question or the question that you ask is too complicated, too specific, too long, then I grab it and kick it off to a staff or we answer it the following week, depending on how cool a question it is. That being kind of the overview, this is where we’re at. We’re going to go through these and we’re going to make sure that we’re answering all the questions. Let’s see if I can actually make these slides advance.

Look at that. That’s weird. I didn’t even know what that W there is. It’s kind of cool. “Will the income I earned by lending my money to my real estate investors reduced my social security benefits or increased my taxes on them?” That’s an interesting question. There’s, “How do I get a 20% deduction?” I’m picking these literally from people’s emails so don’t yell at me for the typos. “When you make a contribution funds to your own account to your LLC as a member, are you taxed on contributions that you contribute to an LLC?”

“What is the best structure–” and that is the weirdest thing I’ve ever had. “What is the best structure recommended against asset, structure and personal protection for a Multi-Family Home Investor acquiring and holding rental properties, especially if working–” and I’m going to go through each one of these. “What is the best way to set up QuickBooks when I have a Wyoming Holding LLC and several other LLCs holding real estate in various other states?”

Those are our opening questions. We have a few more. We’re going to go through a ton of them, and I’m already getting a bunch of questions on the Q&A portion. We will get to those but, first, we’re going to knock these ones out. The first question: “Will the income earned by lending money to real estate investors reduce my Social Security benefits or increase my taxes on them?” The first thing is there’s the benefit itself.

In this particular question, I looked it up and I believe there were 61, so they’re receiving Social Security benefits before they reach the full retirement age. Full retirement age varies between 65 and 67. The reason this is important is because, once you reach that age, it doesn’t matter what you make. Until you reach that age, you will have your benefits reduced on what you’re receiving. When you’re pulling out Social Security early, 50 cents on the dollar once you get over $17,080.Of course, it’s indexed for inflation, but it’s a little bit over $17,000. I think this year it’s $17,080 or something like that.

What that means is, if you are lending money, then that would be counted as income. However, if you’re under the full retirement age, they only count earned income. The question here is, “Until you’re at full retirement age, will the income earned by lending money to real estate investors reduce my Social Security benefits or increase my taxes on them?” The answer is a big, resounding, “No.” This will not hurt you in any way.

Once you hit full retirement age, now we have to be worried about how much of your social security becomes taxable. When they look at your tax ability of the benefit, now we’re looking at all sorts of income, everything that you make, and it’s going to push it up. That’s the one where it’s not that you reduce the benefit but it becomes taxable.

Jeff: Fairly quickly, additional income starts making your Social Security benefits taxable. They’re never going to be more than–85% of your benefits are never going to be taxable. I’m saying this totally backwards.

Toby: What it means is that the most they’re ever going to tax your benefits is 85% of them. If you’re getting $20,000 of benefit, the most you’ll ever pay tax on is $17,000. You’ll still get $3,000, tax-free. The sad part is you didn’t get, really, a deduction when they took it out the first place. That’s the old double tax that you hear about with Social Security. Anything else you want jumped into? This is kind of stuff. It makes your brain go numb so you’re doing it right. You’re actually asking good questions.

Jeff: Just the matter of when you should take Social Security is such a huge question.

Toby: Because you can start taking it. When is the earliest, is it 64?

Jeff: I’m going to say 62, but maybe it’s earlier depending on their age.

Toby: It does depend on their age. There is a before-a-threshold and after-a-threshold. Now, I forget what the threshold is. What you do is you go to the Social Security Administration and you run your scenarios and they’ll give them all to you, or you can contact us. We have folks we could send you out to that have software because it is complicated. Depending on what month you were born in and all that stuff, how many days–all of this gets factored in as to what’s the earliest you could start receiving benefits.

Once you start receiving the benefit, they let you receive that benefit only so long as your income is low and it’s your earned income. If you’re trying to get the benefit when you’re 62 and you make too much money, you’re going to lose a bunch of the benefits. If you start making–if you’re 62, start pulling out the benefit and you have passive income, not that big of a deal; it doesn’t reduce it so that’s really cool.

Enough of that. It makes my head hurt, Social Security. Do not rely on Social Security. There, I said it. Yeah, Social Security is one of those things that, when it was set up, the average life expectancy of people on Social Security was two years. It was really there to catch you if you’re really old and didn’t have any other benefits. Now, we use it almost like it’s a retirement plan that’s not what it was intended for. That’s why it doesn’t work to do it.

Here’s the next one. “How do I get the 20% deduction from Trump’s Tax Plan?” First off, it’s not Trump’s Tax Plan. It’s the Tax Cut and Jobs Act and it was passed by our wonderful Congress because, technically–though, they seem to forget this–Presidents don’t write laws. Now that we got that out of the way, they did put this thing called a 199A Deduction, which is a 20% deduction on qualified business income from pass-through entities.

Follow me here. The first thing we need to have–and I’m going to write these up–is we need to have a pass-through entity, and you can be an LLC taxed as–this is a 1065 that’s partnership, a sole proprietor or as an S Corp. Those are your choices. Technically, it could also be a trust. Then, you look at other entities, S Corps and just flat out partnerships, including limited partnerships, all that fun stuff. It’s passing through; it doesn’t pay its own tax.

Then, you need qualified business income. I’m just going to call it QBI, which just means income. Generally speaking, it’s active income, but they also include real estate, if you are making money on real estate in which you participate in some fashion. The only type of real estate that’s not included as far as we can tell–because they’re still giving us regulations on it, but the proposed regulations make clear that real estate, rental real estates included, is if you have a commercial building and triple-net leases that you’re giving out where you’re not really taking on much of the risk, then they’re not going to let you have the qualified business income.

Then, they compare that qualified business income 20% deduction versus 20% of your taxable income, whichever is less. Why is this important? Because if I’m a sole proprietor–let’s say I have $50,000 that I’m making–that I would get a $10,000-deduction under the QBI. Let’s say that I take and contribute into my retirement plan–a husband-and-wife sole proprietor is still the same thing, and they both put in–what’s a good number–let’s just say $10,000. Then, my taxable income is actually $40,000 because I rode off–I made tax-deductible contributions into my IRA of $10,000 so I would take the lesser of that.

Then, they do this wonderful thing, is they then say, “Well, if it’s a special service company, we’re going to put a cap on how much QBI you can actually make.” It’s not really QBI; it’s actually your taxable income, and they say, “We’ll only let you ride off so long as your taxable income is below a threshold.” If you’re single, that threshold is $157,500, and there’s a phase-out for the next $50,000. To make your head spin, it goes from $157,000 to $207,500. That’s the easiest way to look at it. If you’re married, filing jointly, those numbers are $315,000 to $415,000.

Jeff: What’s an example of a special service?

Toby: Special services are something that it is you and your skill that makes the money, and they use–it’s going to be doctors, lawyers, accountants, engineers, real estate agents who are solo, somebody who–it’s their skill so like a carpenter who doesn’t have a bunch of staff. That’s going to be a special service. If you get above those thresholds, you are done. Somebody’s asking a question which is pretty interesting. A single-member LLC counts. You have a flow under you so that’s when you’re sole proprietor or just going under your tax return that’s passed through entity so you’re fine.

The interesting here is that you can control your taxable income. Even on those thresholds–and when we teach this in the class, we actually go through a learning chart where we say, “If this, then this. If this, then this.” If you’re a special service, we just need to make sure that we can control your income, and the way you control your income is by splitting it with tax-free, tax-exempt or separately-taxable entities.

Let me give you an example. If I have a C Corp and it makes a bunch of money, great, that’s not income to me. I don’t want to pay myself a whole bunch of money and make whatever my other business is that is or where I’m going to meet the threshold taxable because I’m losing that 20% deduction. Let’s say I have $200,000 coming in. As an individual, I can get some donations and deductions into a retirement plan and I get myself underneath that $157,000 and I have another $200,000 in C Corp that I pay myself.

If I leave the $157,000 as is and I don’t take any money out of the C Corp, I’m going to get a 30-something thousand dollar deduction. It’s just going to come off the top. It’s a 20% deduction so almost like I spent. If I took the money out of the C Corp–and, by the way, that C Corp is a flat 21% tax rate now so it’s going to pay 21% so it’s not horrific. If I paid myself that money, I push my taxable income over the threshold, now I get 0 deduction on my qualified business income. That’s why it’s important.

If it is not a special service, then those thresholds trigger something else. It takes us to an area where we can write off up to 50% of the W2 income or 25% of the W2 income for the business plus 2.5% of the assets.

Jeff: No, you’re right. I’m just jumping ahead of you.

Toby: Yeah, so what we’re looking at, then, is you better have a regular business that actually has salaries. If you, for example, as a sole proprietor, single, are making–what would be a good example–$200,000 and you’re over the threshold, you’re phasing out, you’d have to go to the second test. You’re over the 157 and the second test is now pushing you at 50% of W2 wages, and you have zero so your deduction is going to be zero.

You’re going to get literally nothing. You might get a few dollars because you’re not quite at the 207, which is the top line of the actual phase-out so you’d be phased out about 90% plus of the benefit. Now, let’s say you converted that sole proprietorship to an S Corp and, instead, you paid yourself a salary, so same situation, $200,000. Let’s say I paid you $75,000 of salary. Then, the QBI or the monies that’s flowing through is actually the net income and net profit, so you’d subtract the 75 off. It would be $125,000. You compare 20% of that number, which I should grab the calculator, whatever that number is.

Jeff: It’d be 25,000.

Toby: Yeah, 25,000, and we would compare it to one-half of the W2 income, which would be 37,500. You’d get the lesser of the two. You’d get a $25,000-deduction just because of the type of entity. That’s the one I have to do. Somebody just said, “I have almost 300K in real estate and other income. Is there anything I can do?” A single person? Yeah, there’s something you can do because, remember, it depends on whether you’re special service and then it depends on the business, and there’s one last thing: It always comes down to your taxable income.

“What other ways can I use to control my taxable income?” The most obvious is I split it with a C Corp, I give it to charity–and it could be my charity–or I deduct it by putting it into a tax-deferred retirement plan. For example, same situation, I’ll use the $200,000 and they do a 401K. They put a husband and wife each–they’re under 50. They each contribute 18,500–or, actually, the example I used was a single person so I would have to say I put 18,500 and in, and they get a 25% deduction on the 75,000.

They would put in–again, I’m using crazy numbers so what would that be? About $18,750 or whatever that is–around under $19,000. I can put, in essence, about $37,000 right into the 401K, and that reduces my taxable income. The taxable income goes from 200 down to almost the threshold, and now I don’t have to worry about it. It makes my life so much easier. I’m just going to get a nice big, fat deduction and I’m happy as a clam.

That’s how this stuff works, but if you don’t do it before the year ends, you’re toast. This is going to be my–this is why you need to have some sort of somebody doing tax planning. How do I get the 20% deduction from the new tax act? Very deliberately. You make sure that you have the income flowing under your return and then you make sure that, if there’s a disqualifying factor that would cause you to lose it, that you look and say, “What’s better? To just walk away from it and not worry about it or would I be better to take a couple of actions to allow myself to take advantage of the deduction?”

It’s a freebie, guys. If I make $20,000 in real estate, that rental real estate–that’s my net after all my depreciation–I get a $4,000-deduction. I’m only recognizing 16,000 under this taxable income so that’s a nice little benefit especially if I’m a high-income person so that’s what I’d be looking at. Jeff, do you want to do this one because I’m […] barding the answers again?

Jeff: No, that’s alright. “When you make a contribution out of your own account to your LLC as a member, are you taxed on contributions that you contribute to the LLC?” No, actually, you’re not. That is a contribution to an entity that becomes your capital, your owner’s equity–we can call it a lot of things–your owner’s capital in that company. That’s actually money that you can take back out also tax-free assuming that you haven’t used it up to recognize losses or maybe other things like that.

Toby: We get that a lot. I’ll give you a real-life example. Some guys were doing a syndication on apartment buildings and they were telling people, “Hey, we’re going to return your capital out of the profits and you’re not going to have to pay any tax on the money that you receive up to your investment.” I said, “Hey, that’s not really the case.” Here’s how it works: I can always get back my contribution, and it’s tax-neutral; it means nothing.

If the company makes zero, no profit, it can always give me back my money and I pay no tax, but if the company makes money, I’m taxed on my portion of that gain no matter what even if they’re giving me extra. I was like–what they were doing was they were saying, “Here’s a little thing. We’ll make some profit. We’ll just give you your money back. You want to pay tax on it?” I was like, “No, that’s not how it works. You actually have to pay tax on the profit in proportion to your ownership, and it’s a little bit funky.”

Jeff: This is a case that, sometimes, we see where a client will tell us, “I had deposits of $100,000 into my business,” and what they fail to tell us is that 50,000 of it was their own money. We want to make sure that we’re able to differentiate what the owners are putting into the company versus what income they’re making in the company.

Toby: There’s a couple of questions. Somebody says, “My head is spinning.” We do record this. If you’re platinum, you’re going to get a recording of it in your little platinum area. Somebody asks, “Is this pre-recorded?” No, it’s not. We’re doing it live but I’m answering the questions that people have emailed me first and, yes, we have about 50 questions that are in the queue that we’re going to go through here in a second.

Jeff: We don’t have a three-second delay or anything?

Toby: No, I don’t think so. I could give you a 10-second delay. All right, “What is the best business structure recommended against asset, structure and personal protection?” I don’t know what that means. I’m going to assume they mean to protect the business–for a Multi-Family Home Investor acquiring and holding rental properties, especially if working as a team member with other investors? Here’s what I’m going to say: Anytime you have a passive activity–that is, when you buy the property or the cash flow and the appreciation–you’re going to want to use a passive entity, meaning an LLC taxed as a partnership or a limited partner.

Don’t do anything else. That’s it. There’s maybe some really weird exceptions but I’m going to say, 99% of the time, you’re going to end up using an LLC, and it’s either going to be disregarded even if you have other people in or it’s going to be a partnership. If anybody does anything differently, they’re doing some weird stuff. If you have other investors, then it depends on your relationship with those investors.

I’m not going to going to get into securities, Reg Ds and all that but, generally speaking, you’re going to have it taxed as a partnership, but the most important consideration is always going to be control, who has control of that entity, because that’s who decides what’s distributed. That partnership agreement or the operating agreement of the LLC is really going to be important. You do not want to do this stuff half-arsed. You want to make sure that you’re actually really addressing this stuff.

At Anderson, we tend to be very protective of the manager, meaning we want you to have control. If it’s your project, we don’t want people to force you to do stuff and, on the flip side, if you’re investing and you’re a client, we’re always going to say, “You don’t want to be forced to kick in more capital against your will.” Those are the things we always look at. Where does that one go? Here we go. “What is the best way to set up QuickBooks when I have a Wyoming–” and this is going to be so you, Jeff, because Jeff loves QuickBooks.

“What is the best way to set up QuickBooks when I have a Wyoming Holding LLC with several other LLCs holding real estate in various other states?” I’m going to draw this. There’s my Wyoming LLC. It’s either going to be a 1065 or disregarded, and it holds all these cute little LLCs in other states. Let’s say this is Texas LLC, Washington LLC, Nevada LLC, Georgia LLC, and they’re all going to flow up to that Wyoming.

I want to keep my books straight because, if you know QuickBooks, they will sell you QuickBooks for this one, this one and this one. You’ll end up with four sets of QuickBooks and you’ll drive yourself crazy. What do you do, Jeff?

Jeff: Here’s what we like to do: We like to create one set of books with the Wyoming LLC at the top being the primary set of books. Then, what we do is what we call a classified income statement where each of these four LLCs below the Georgia, Nevada, Washington and Texas where they’re all kind of their own set of books within your Wyoming LLC books. All this income is going to flow from those bottom four up to the top one anyway and, while we need to keep the entities separate so we can report them that way, ultimately, what we’re reporting is what’s coming through the whole kit and caboodle.

Toby: Yeah, we only need to worry about setting up QuickBooks for this guy right here, and then we set up these guys as classes. All that means is we have one set of books.

Jeff: Yeah. You can still pull an income statement for your Georgia LLC or your Texas LLC to see what’s just in that but, all in all, you still have one set of books. It makes it easier and you don’t have all these inter-company transfers that you have to track.

Toby: Oh my god. I’ll tell you, we’re horrible on that. He’s giving me the look. See, here’s the problem, is if you have different companies with different sets of books, you’ve got to close out the previous sets of books and then open up the new company. It’s a process and it takes a few minutes and it’s really annoying when you’re trying to enter stuff into it. It’s going to save you a whole bunch of time to use one set.

Jeff: Yeah, then you don’t run into things like, “Well, I transferred money from Georgia, the taxes that I did it, I record it in both companies.” When you record them on one, you end up re-recording it in both.

Toby: Yeah, and there’s some fun stuff. Some of them just ask for a basic QuickBooks question, jump in the line. It’s hard to set up classes in QuickBooks, not horribly, but if you don’t want to learn–QuickBooks is one of those things where you’re going to spend some time with it. You just have a bookkeeper do it. Anderson does that if you want. All right. If you have questions–you guys, I know you do because there’s a ton of them already in the little queue here.

Here’s how it works: If you want to ask a more detailed question, if you have a question that you didn’t hear answered on the webinar, you can just email them on in to webinar@andersonadvisors.com, and, that way, we can put it in that queue and we can answer it just like we just did. We’re going to break those out. Those will be separate little videos, each one of those, so that you get your answer. Somebody was saying, “My head was spinning about 199A.” You can go back and listen to that.

Better yet, you can come to some of our other webinars or come, actually, to the Tax-Wise Workshop and we go through this stuff. Spend some time with us. If you invest a little bit of time in taxes, it will pay off in spades. Other questions–some people just answered this stuff. “Can you go over the tax forms for 501c3?

Jeff: There’s a couple of forms for the 501c3. To apply the BF 5O1c3, there’s what’s called the Form 1023. It’s the application to be an exempt charitable organization. Then, there’s several different yearly recording forms. The 990 is the primary one where you report, among other things, what your income was, what your balance sheet looks like, your plan, your purpose, who you’ve dealt with. What were you going to say? Come on.

Toby: Basically, if you’re making less than $50,000 in your 501c3, you’re doing a 990 post-note card. You’re just doing a real basic here. Literally, it looks like a postcard.

Jeff: They don’t do that anymore.

Toby: I thought they’re still–

Jeff: All these old people still call it postcards, but it’s a…

Toby: They do that in the 10…

Jeff: But it’s a 990N and it’s filed electronically.

Toby: Yeah, I know but it’s the same thing.

Jeff: It’s still close. Okay.

Toby: It’s a postcard. Oh, my god. Yeah, you do it electronically now but it’s really simple. You go above that, then you’re going to be filing a little more detail. You get about 250, you’re filing very detailed. Never do it yourself. Just hire an accountant to do it, and those guys–we do them. They’re not horrifically complicated unless you have a huge void that everybody’s taking money. You go American Red Cross, you can go look at the actual tax forms that everybody files because they’re all public record.

You can go in there and take a look at anybody and see just how complicated it is. What you’ll realize is that the more the stuff they’re doing, the more complicated it gets, and not doing ton it is pretty simple. We have ones that are $5 million non-profits and it’s a few pages. Then, you have ones that are $1 million but they’ve got everybody and their mother with their hands in the thing, and you’re doing a lot of reporting. That one might be more complicated. If you’re a church, you don’t file anything. If you’re religious and you’re a religious organization, you don’t file anything; you file zero tax forms.

Jeff: When you have an accountant do these 990s for you, they’re going to ask you a lot of questions because there’s a lot of questions on the form that they don’t have the answer to, basically about what it is the non-profit does and things like that.

Toby: All right. “If someone has rentals in their–” basically, again, if you have those tax forms, this is one other thing, is that’s the tax compliance on an annual basis. If you’re setting up a 501c3, you are doing–more than likely, 501c3 is an application called a 1023. If you’re doing a 501C6 or some of these others, that’s a 1024.

Jeff: Wow, I’m impressed.

Toby: Yeah, sorry. It’s stuck in my head. Those are the applications for exempt status. Your business, your non-profit, is in existence and it’s considered exempt from Day 1. Even though you haven’t gotten your exemption approved, you actually have 28 or 29 months to get approved, and it relates back to the day that you started. You can actually do a 501c3 and be up and running in a matter of weeks if you want to.

All right, from Lisa: “If someone has rentals in their self-directed IRA, how is it impacted as far as unrelated business income tax (UBIT) and does it make a difference on the number or dollar amount?” You want to do this one or would you like me to?

Jeff: Why don’t you do this one?

Toby: All right. Self-directed IRA and it has real estate? You have no UBIT if it’s just rental. That’s not unrelated business income tax. Unrelated business income tax is when you’re doing an active business inside an exempt organization, inside an IRA, or church, or something else, and you’re running a mini-mart then they tax you on it because it’s unrelated business income so not related to your exempt purpose so they tax you on it.

Passive income’s always going to be–I shouldn’t say “always”; it’s almost always exempt. I guess there’s possible–if you have some royalty stuff, it’s possible, if you’re advertising, that the exempt organization tax, but for your IRA for rentals, don’t worry about it. Here’s what you worry about when you’re doing an IRA with rentals: It’s usually the case–this is what we’ve seen–is that people will oftentimes want to lever that real estate.

In an IRA, you have something called–I’m just going to blank on it–unrelated debt financed income. There we go, UDFI. Unrelated debt financed income means–or just call it debt finance income–the portion of the profits that are coming from the debt. If I have a piece of property, I have a 50% loan on it, then 50% of its income is going to be taxable to the IRA. It’s not allowed to have that type of loan and not pay tax on it.

A 401K is allowed to have that type of loan, and it doesn’t pay tax on it. It’s one of those weird things where you’re like, “Hey, should I be an IRA or 401K?” More often than not in our world, you’re going to want to be the 401K. It has different rules, and one of the big ones is the ability to use debt. Now, here’s something for you. I think I had poll questions on this. This is fun. I’m going to send a poll out to see whether you guys are listening. You guys can answer this, and what it is, “Can I have recourse debt in a 401K or IRA?” Let’s see about that. Isn’t this kind of cool?

Jeff: It is cool.

Toby: We’re going to see whether or not you can have recourse debt in a 401K or IRA. For those of you who don’t know what recourse debt, recourse means, “I can go after you. I have recourse, and I can go–” basically, a personal guarantee, personal guarantor. We got a lot of people voting. I will share the results with you once we’re there.

Jeff: What if Lisa is flipping instead of renting in an IRA?

Toby: Then, we don’t have any cases on it.

Jeff: Great.

Toby: What we always say is do five at a max. Here’s the thing: If you disqualify an IRA, the whole thing’s disqualified. What I want to do is if I’m flipping in a self-directed IRA, I want to make sure only that money is in that IRA so if I have a disqualifying event, it’s only for that one little IRA. So, I may have two or three IRAs. Good news: People are listening. That’s always good news. We have about–50% of you guys voted. I’m going to go ahead and close this thing in about a few seconds. Let’s see. There, I closed it and now I’m going to share it with you.

Do you want me to tell you the answer? You cannot have recourse debt. 36% of you guys just disqualified your plans, and you have a 10% penalty plus it’s all taxable. Sorry to say that you just destroyed your plan, but you cannot have recourse. This is half the fun. What’s the next question I could ask you? I could throw up another poll at you. Let’s see. Get out of there. Let me see if I can do this. All right, what’s the next one? Here’s a better one: Now that you know you can’t have recourse debt, I’m going to launch a new poll. “Can I have non-recourse debt in an IRA or 401K?” This is where accountants and tax lawyers have–

Jeff: Disagreements?

Toby: No, this is where it’s so much fun. Are you kidding? Let’s see. Somebody’s saying, “No.” What is non-recourse? Non-recourse means you can’t hold the person responsible. There’s no personal guarantor. You can only go after the property so the property is truly asset-based lending. There’s nobody on the hook for that loan if it goes south. A typical non-recourse loan in a plan–this is kind of cheap because it’s going to give you the answer–is they’re going to look at the other plan assets and so they’re going to secure the other plan assets.

They’re going to make sure that they’re not over-leveraged. In other words, they’re not going to give you a 99% loan to value; they’re going to give you a 60% loan to value or 50% loan to value. We’ll see if you guys still get the answer even though I just basically gave it to you. This is fun. I’m just going to stop this one and I’m going to share it because the numbers are pretty done. It looks like 86% of you said, “Yes.” Can I have non-recourse debt? 86% of you are correct. You can have recourse debt.

Here’s the trick: In an IRA, that non-recourse debt creates debt finance income so you have to pay tax on the portion that you’re making but it doesn’t disqualify your plan. In a 401K, you do not pay the debt finance income, and some of you guys are not too pleased with me for that, but I’m getting giggles out of it. That’s enough with polls. I could have polls all day long and we would have a lot of fun.

Last one: “I hold some assets in LLC–”and, by the way, this is the last one from people that have shot it in but it says, “You don’t pay tax until withdrawal, correct?” No, if you have debt finance income, you’re paying it in the year in which the debt finance income–you actually file a 990 T. You actually have to report it. “I have some assets in an LLC that is a day-trading entity.” You’re brave. “If this generates sizable profits–” I just love traders. “What options are out there to re-distribute funds from one LLC in several entities to the separate investments?”

You can always move–if it’s yours, it’s like–an LLC is a safe so I can always move it from one safe to another, no tax implication. This is one of the questions we had earlier. I can always put money in, take it out. Somebody was talking about an opportunity zone. The opportunity zone’s awesome. It’s where you take capital gains and invest them in the opportunity zone. It’s actually called the growth opportunity zone, and you defer the tax on that income.

The max amount you can defer that tax is until 2025 right now. Then, you get a portion of that as non-taxable. Then, the growth–if you leave it in the opportunity zone for 10 years, all that growth and the gains on the investment itself are tax-free, and that’s pretty interesting. Growth opportunities, we’ll be talking about that as they give us more information. Somebody says, “Can you take the poll down?” I thought I did. I’ll make sure polls, hide. There we go. Sorry about that, guys.

Everybody’s telling me, “Flip off the poll.” I’m flipping it off. I like your opportunity zone discussion, and think about a bank, and loan out funds to other LLCs you use. You could do that. Then, it’s interest unless it’s all you. In which case, you don’t charge yourself interests. “I am told that funds in an LLC are much like funds in a savings account. I pay taxes on the gains my funds make, and funds can be withdrawn at any time.” That is true as long as it’s disregarded or taxed as a partnership. I want to make sure that we’re very clear. LLCs that are partnerships are disregarded. Yes, you can do that. If it’s an LLC taxed as a corporation or LLC taxes in S Corp, little bit different. An S Corp probably has a huge difference.

Jeff: Yeah. You can even pull securities out–even if it’s a partnership–pull securities out and put them somewhere else. Like what Toby’s saying, if it’s an S Corporation or corporation, if you pull securities out of a corporation, you have to recognize gain immediately.

Toby: It sucks. Appreciated assets is considered wages, right? Use an example here.

Jeff: We had a client who had a couple of $100,000 of securities in a corporation, wanted to move it somewhere else, and we tried to explain to him that if he pulls securities out that are now worth 250 and he’s only got a basis of $100,000, he’s going to have capital gains of $125,000 in that corporation. The corporation will pay gains and then, for you to take it out, that’s got to come from somewhere else, so either a salary, roan repayments or dividends. It doesn’t work out well.

Toby: No Bueno. The other one is people that real estate in an S Corp and then they need to take it out to refile it or something. All that appreciation is wages. It’s horrific and so we have oftentimes say, “Hey, if you’re going to do this S Corp, it’s cool.” The capital gains still flow down to you; it’s just that you can’t take it out. You’ve got to leave it in there.

Jeff: Can we  re-running into that more and more where the banks are running to take it out of the LLCs and stuff?

Toby: They got horribly hosed during the downturn of people doing weird stuff. What happened is I would do a financing in an entity. Say I’m the owner, and then I would sell Jeff my ownership and the entity and the bank had no idea that I’m no longer the guy that they were dealing with that they gave the loan to in their mind and had sold his interests. They had no idea. One day, Jeff comes back in and says, “By the way, I’m the owner of this LLC, not the guy that you loaned the money to.” No Bueno. They don’t like that.

All right, we got a lot of questions to go through so if you have questions, you can always email them in. I’m going to start going out through these things, and we have questions from almost an hour ago. People were asking questions before we even started. “I did a cash-out refinance from my residence to invest in private lending or to buy rentals. California only allows 150,000 to deduct interest expense for residence.” That’s actually the new federal rule. “For the portion that is more than 750, can I deduct the interest as investment expense?”

All right, so here’s the rule–and, Jeff, I’m […] barding, but I deal with this stuff all the time. Your new limit is–unless you owned your house prior to–during 27 and perhaps during the first quarter of 2018 if your loan was already in process before December 15th of 2017, don’t try to remember this stuff; just know that if you’re in that weird period, you may qualify, then you’re up to a million, but it has to be for acquisition indebtedness.

Acquisition indebtedness means, “I bought the house,” or, “I improved the house.” That’s for the mortgage person to be deductible on your Schedule A, which is your itemized deduction. If you’re using the money for something else, then it has to be deductible on that something else. For example, if I am buying rental real estate, then the interest–you’d be writing off the interest on your Schedule A, essentially, against the income from that rental real estate. You are no longer writing off your mortgage interest personally as the individual residing in it; you are now writing it off as part of an investment. Anything you wanted to add on that?

Jeff: No. If we’re talking about buying a piece of investment property like you’re just going out and buying more land, hoping that it’ll go up in value, then it would be considered investment interests and go back on Schedule A. Typically, we want to keep it–if it’s in a business interest or rental property, something like that, we want to keep it there.

Toby: Again, the Canadians have been dealing with this for a lot longer than us guys. You cannot write off interest if it’s not for your home in Canada unless it was used for an investment. People actually have to go re-file their houses, they get all the cash they could, pay down their house, re-file it so they could show that they used it for an investment so they could actually write off the interest. I think it was called Scotts transactions. It’s weird. Hey, I’m not Canadian.

This is another question: “Say I deducted a newsletter subscription in 2017 but received a refund for it in 2018. Do I need to add this back as income in 2018 or no?” If you wrote it off and it means your basis is zero, give you the money back, what does that sound like?

Jeff: Income.

Toby: Income. It is income. At the same time, I see people saying, “Hey, what if I reimburse myself from my cell phone out of two companies?” Now, each reimbursement represents–I said, “Well, you can reimburse yourself up to your expense. Anything above that is income so it becomes taxable.” Fun stuff. Yes, you would report it, but only–your cash basis tax first. You report it in the year that you received the money back.

“You’ve saved me so much money. I call y’all my friends.” I love that when I get stuff like that. That’s not really a question but I’m going to repeat it because it’s better than, “Flip off the poll.” Not that I had too many of those, but I had a few. “Can I write off costs for rehabbing out of the country?” This sounds like something for Jeff. Can you write off? US taxes.

Jeff: Yeah, you do have investment in another country.

Toby: Worldwide profits, baby. Yes.

Jeff: If it’s income-producing property, you’re going to be reporting that to the United States. Any expenses you have on that property will go towards that also.

Toby: If you’re rehabbing a property, it sounds like dealer activity and active business. I may be little interest–I probably want to be looking at structures in the Bahamas if that’s where it is. I’d be looking at something that’s taxable there so you don’t get into treaties and all sorts of fun stuff. “Do I have to pay $800 off the top to the franchise tax board when we start our corporation?”

Jeff: No, California has an exemption to corporations that are first year only.

Toby: Yeah, and that $800–this is, if you like tax cases, there’s Veritas 1, there’s Veritas 2, there’s Northwest Energetic Services, there’s Bakersfield Mall, and they’re all versus your friendly–what is it called? Not the franchise tax. No, it’s whatever. I forget what they’re called.

Jeff: We know what it’s called.

Toby: Yeah. Anyway, I’ll remember it as soon as I could. I’m trying to think about it, but they keep suing the Board of Equalization, the BoE. It’s $800 and they say that’s the minimum tax, but they say, really, it’s a fee because if it was a tax, then it’d be an unconstitutional tax because it’s not attached to the income. They keep trying to call it a fee. They lose and then they change it a little bit and they lose again. That’s just an aside. California is kind of evil.

“We live in Washington. We have a Nevada C Corp which fully owns a watch and LLC and employs the kids. What are the recommended strategies to optimize for college tuition?” Wow, so you’re doing a great thing. You are going to run them through payroll. When you’re applying for things like scholarships, if it’s going to be based on income, you’re going to show that income. You’re going to show those returns, but those kids should–most of that income is going to probably be underneath the standard deduction.

Right now, it’s $12,000. They’re going to pay zero and they’re going to pay very little on any amount over that. Plus, if you’re smart, you’re putting some of that money in a Roth IRA and they’re never going to pay tax on that. It’s smart to do this with your kids. If I paid tuition out of my tax bracket, it’s coming out of my highest tax bracket. If I’m in the highest tax bracket, that’s 37%. If my kids pay for their tuition and are working for the company, and they have to do something, then they pay at a third tax bracket, which, quite often, is zero.

I do this with my own daughter. Last year, I think we paid $500 in taxes total for the year when it cost me $8,000 if I was doing it, but she has to do something. She has to actually work for the company and do stuff for the company. Other stuff you could do to optimize is dump it into–defer it into a retirement plan. If you want to do a 401K, they can put the first 18,500 of their income and they can defer it.

You’re still reporting it. I’m not sure it’ll have an impact on scholarships or not. I have not seen it have much of an impact, but that’s what I’d be doing, is the benefits far outweigh anything with this on the scholarship side. It is huge. Here’s one: “I lent money to a real estate flipper. She gave me a promissory note, but it was not recorded with the deed of trust. Now, she is in default. Can I foreclose?” When you loan money to a flipper with no deed of trust, that’s called a gift. I’m just kidding.

You need to make sure that you’re documenting it. You cannot foreclose until you actually file your secured interest. You got to have it filed and then, yes, you can actually start foreclosure proceedings if you want, if they don’t pay it. You definitely want to make sure that, when you’re giving notes–there’s something called “first in time, first in right”. You want to make sure you know it’s recorded and you have your deed of trust against that house. Otherwise, somebody else could go slap theirs on first.

There’s also places where they get priority. In Nevada, for example, the HoAs get super liens. They actually step in front of the primary lender. It sounds weird but it’s true. You want to make sure that you’re documenting your loan and covering yourself as best you can, make sure that you’re getting a personal guarantee and, if they have any other assets, you may want to slap a lien on those, too.

All right, “With a new company, there’s quite a lot of expense reimbursements. Since I don’t have a lot of revenue yet, I haven’t paid it back. Is it okay to carry it over a year or should I go ahead and pay it back even though I’m still in the red?” Jeff, this sounds like you unless you’re zoning out there. She has a new company, she has lots of expenses, she doesn’t have any money that she’s made yet, so should they pay it back, carry it forward? “Can I pay myself, reimburse myself in the future year?” The answer is yes, you could reimburse yourself whenever. The question really becomes, “Do I want to capture all my startup expenses in the first year?”

Jeff: Yeah, I think you do. You want to capture as many expenses as possible even if you’re not getting directly reimbursed right away.

Toby: Yeah, you have two choices whenever you fund a company. You can fund it with your cash and then it’s going to have a loss and it’s going to carry that loss forward if it’s a C Corp. If it’s an S Corp, you can actually take that loss. I’ve contributed $20,000. That’s my basis and it loses 20,000 and, technically, I’d have a $20,000-loss with an S Corp. Usually, we’re seeing this in C Corps, and you just carry it is a payable and a receivable.

It’s payable to you, you would say, “Hey, it owes me some money. It’s kind of like this.” I always use Krispy Kreme in my examples. I go out for Anderson and I bring in 12 dozen Krispy Kreme for a meeting or something, and the others say, “Hey, I’ll pay you back but we don’t have the money right now.” It doesn’t mean that it goes away; it means that I’m sitting there, waiting for them to pay me back. If they pay me back in two years, all it means is they can’t write that off as a deduction until they pay me back so they’re not going to have a loss if I’m carrying it as an IOU.

If I give them the money to buy the doughnuts and they buy the doughnuts, they get the loss right away even though they haven’t returned my money to me. They could return that money to me at any time. For me, it’s always going to be tax-neutral. “Do I need to be on payroll with my real estate income or can I just take distributions from my LLC?” This is regarding Trump’s 20% deduction on the plan. If it’s investment real estate, you never have to take a seller as long as it’s rental real estate.

If it’s flipping and it’s in an S Corp, then you would have to take some salary if you’re taking distributions. I don’t want to twist it. This sounds like it’s just an LLC with rental property. You do not have to take it. The 20% is for 2018 onwards. If they think that it has a sunset clause, the end of 2025. Is it the end of 2025 that it ends?

Jeff: Yeah.

Toby: Yeah, so 2025. Here’s a really long one. Boy, this is a really long one. Let me see if I can condense this. “I have a Wyoming LLC that is the sole member of a second LLC that is disregarded entity. I funded the Wyoming with 8,500 and the Wyoming funded the other bookkeeping QuickBooks balance sheet shows an owner equity 100% of 16,500. This is offset a balance sheet with capital contribution. While this does end up with net equity of 85, it gives the impression of the equity, which is incorrect. Is there a different way of handling?” Do you see what they’re doing?

Jeff: This is what we call–anytime you have combined financials or tax returns, you’re going to have a–you may have a payable from one to the other where you’ve lent money to the other company, but when you do the combined financial or tax return, this is what you call an eliminating entry. If you lent $8,500 to one, those two entries are going to offset each other and it’s going to be zero on your tax return.

Toby: He’s looking at it and saying, “Hey, they took the eight that I put into the second and added it to the 8,500 that I put in the first,” and it’s only 8,500 and then 8 went to the second LLC.

Jeff: Yeah, I think you just need to clarify that it was the same money that–

Toby: We’re doing it and we’ll take a look at it. We’ll grab that name and, when we can, I’ll print this out. “Can SMLLC, single-member LLC, disregard an entity under an MMLLC, which is a multi-member LLC taxed as a partnership, be converted to a single, multi-member LLC taxed as if–” you guys are killing me, “And would the tax changes be implemented?” What you’re really saying, Billy, is, “Can I spin off a single-member LLC, make it into a multi-member LLC and change it to an S Corp?” The answer is yes.

We just have to make sure that we follow the S Corp rules, which means there’s got to be natural persons owning it, resident aliens–if it’s somebody from out of the country, that they reside in the United States in certain trusts and even certain single-member LLCs. All right, to the question about–this refers to qualified business income. Sorry for lack of a better–no, Janet, you’ve already got it. “Since rental real estate is included for the 20%, are you also required to be a rep for that to be true?” No. You automatically get it.

“High-tech network engineer, does it qualify as special services?” If you’re not a network engineer and it’s just you, then I would say probably yes. If you have a company and it’s not so much you but your company has its own–like it’s lots of people and it’s just known, then the answer is no. Then, you’re not.

Jeff: Yeah, there were some specific carve-outs. I think the architects got a carve-out of this, but there’s a few industries that have been specifically exempted from those specialized industries.

Toby: I’m not sure but software engineer–I would say that if it’s just you, chances are going to be under the special services. “When I file taxes, the taxes for the rental property show up on my tax showing a schedule form that is Schedule E. I almost $300,000 with my real estate and other income as a single woman.” I think we already talked about this one. “Is there anything I can do to reduce my taxable income?”

Yes, Janet, you can make contributions to qualified retirement plans. You can make contributions to charities, including your own. You can make contributions to C Corp if it has a business relationship. There are lots of things you can do or, if you have anybody that you need to pay salaries to like kids or somebody that’s working with you, that would be something else you could do to lower the taxable income.

“If you were writing out another slide, it’s not showing up on my computer.” Sorry, Sir. I think that’s where all they go. “What about an IOL as a tax-deferred compensation for my property management income?” That would not work. An IOL is tax-neutral although you can do tax-deferred compensation where it’s taxable to the entity and it’s not taxable to you under certain circumstances. If I do tax-deferred income like, “Hey, I’m taking deferred compensation,” I need to be at a losing. Usually, non-compete is going to be the thing that makes it work.

We use these especially in the non-profit world where somebody says, “I don’t want to be paid; I want to work, but I do want to get paid eventually for all the work I’m doing now. Rather than pay me this year, pay me when I’m 65 and maybe I wipe it out or not, but as long as I have a non-compete with that–” it’s saying, “Hey, basically, if you go work for somebody else in a competing industry, you lose all that deferred compensation.” You should be good.

“I purchased a new computer that cost less than $2,500. Is that a straight expense in the current tax year or some weird depreciation thing?” Dean, it’s called a Section 179 deduction. You can buy up to $1 million, you’re good. You can write it all off. Otherwise, that would be depreciated. They also have 100% bonus depreciation, so we’re going to catch it no matter what. Bonus depreciation is, if it’s less than a 15-year property, you can write it off this year. You’re not required to.

Somebody says, “Is 199A or that 20% a 20% tax deduction or a 20% reduction?” No, it’s a 20% deduction against your qualified business income. The net effect could be much more than 20% depending on your tax bracket. If you’re not in a high tax bracket, then the net effect won’t be huge. If I’m in the highest tax bracket in a state that’s taxing me where I’m at 50%, that 20% deduction could be worth a ton.

It could be worth significant amounts especially if I’m in a company that’s not a specialized service and I meet the requirements. I could have hundreds and thousands of dollars of qualified business income being exempted, and that could be worth hundreds and thousands of dollars to me from a tax standpoint. We already did this one. Somebody who had their spinning left. You can go in bite-sized pieces, guys. We’re going to break these things down, and I understand that we’re going through fast, but that’s half the fun. We’re not dwindling around here.

“My self-directed IRA received a K1 for net rental loss for a passive investment of $50,000. Do I need to file a 990 T to show loss? Does the IRA custodian sign the return or can I sign?”

Jeff: Here’s what happens: If your IRA is a partner in a partnership, that partnership is required to issue a K1 to all of its partners. That doesn’t mean you have to do anything with the K1 in your IRA. You’re not going to recognize any taxable income until you actually start taking money out of the IRA, especially since this is a rental property we’re talking about.

Toby: Cool. Hey, this is a really good one. By the way, if you ever do a 990 T and it says self-directed IRA, your custodian does have to sign, and they like to charge you for that. “401K, 401K.” “I have a C Corp with accumulated losses and would rather close it than repurpose it. Is there a way to direct the loss of my personal taxes? Is it possible?” The answer is yes. It’s called a 1244 election. It should have been made when you issued your stock.

If Anderson did your C Corp, we already did that because I do it with every single corporation. You can then write off as a single person up to $50,000 or up to $100,000 if married, filing jointly, and then it could be used to offset even your W2 income.

Jeff: Going back to one of the earlier questions, this is one reason we want to start recognizing reimbursements and stuff as early as possible to establish those debts to you early on.

Toby: Yeah, I had this happen and we actually had–the one time this was ever audited was because this accountant refused to give him a $67,000-deduction. It was one of our clients who was a trader who was ready to launch and go into his business and then his employer made him an offer he couldn’t refuse and gave him a whole bunch of our money. He took a $67,000-loss. He had never made a dollar in the corporation. We went under audit. We won. Yay. It took two seconds because it was a single letter and we gave him the law, and it’s a statute. The IRS is just a policing agency. If there’s a statute that’s clear, they don’t sit there and fight with it. I think it was a $38,000-reimbursement–what do you call it–refund.

Awesome first-timer. We love first-timers. Thank you for joining us. “I want to receive an invite, a reminder to a different email.” We can give you that. You can always use this when you register for the Tax Tuesday. Just put in your other email. “Interested doing sandwich lease options. What is the best business structure and what document can you provide to protect myself from sellers suing me if a tenant or buyer stops paying rent or if a tenant or buyer trashes the home?” That’s a tough one.

You’re literally leasing it and then re-leasing it with the right to buy. Let me think about this one. How am I going to do this? I’m going to be doing that through an entity. The way you protect yourself is to keep very little amounts of asset in that entity so that if you’re sued, it’s not you; it’s the entity itself, and the entity doesn’t have much to lose. That’s a tough one. I tend to stay away from stuff like that. I want to buy the property and then you do a lease option in an LLC.

Jeff: Make sure you have insurance.

Toby: Yup, make sure you have insurance, too. That could happen so the tenant trashes the place and somebody else says, “Hey, wait a second.” That’s why there’s always risk. What you do is you just keep it to a low. “Is it hard to set up classes in QuickBooks? Does Anderson do this?” It’s not hard and, yes, we do it. “How long does it take to set up a class in QuickBooks?”

Jeff: No, you’d have to ask bookkeepers.

Toby: Jeff’s such an accountant. Yes, it’s actually very easy.

Jeff: Actually, the bookkeepers are really good at it. They do it all the time.

Toby: It’s literally all you’re doing, is setting up another class. It’s almost like a revenue class so you might have revenue that comes in from plumbing and then selling products in your plumbing business and then, “Hey, I have one that’s a consulting,” and that might be another class. It literally takes two seconds. “What if the Wyoming LLC owns a C Corp which owns an LLC?” I don’t know what that means, but what we mean is–I imagine for the 199A.

We’re just going to look at it is the C Corp owns an LLC that’s not going to be qualified for the 20% deduction. The LLC that owns the C Corp, if it’s doing other activities, might qualify for the deduction. Here’s the problem: In the qualified business, the part I didn’t tell you about is what is qualified business income. Dividends, interest, capital gains are not included in that definition so if you’re issuing interest from a C Corp to the LLC that flows under your return, you’re not going to be getting the 20%. “If you set up QuickBooks with a single entity and use class as a separate income, can you also print a balance sheet by class?”

Jeff: Yes, you can do it if the balance sheet is also classified.

Toby: Okay. See, we’re good. We’re getting there. We only have about 200 more questions to go. I’m just teasing you. We’ve gone through about three-quarters of them. “What is Jeff’s last name?” Webb. “I have a rental company. This will be my first year doing taxes. What can I expect to pay on my capital gains? What are some determining factors?” Isaac, if you’re a rental company and you’re selling–like if you have capital gains, it’s going to be depending on whether you sold it within a year or after a year.

If it’s less than a year, it’s going to be ordinary income to you. If it’s over a year, it’s going to be taxed with either 0%, 15% or 20%. If you make over 250,000, you’re going to get to add no another 3.8% and then whatever your state tax is. What are the determining factors? How much you make. If you’re married, filing jointly less than 77,000, your capital gains rate is zero. All those things come into it. You can always write us at webinar@andersonadvisors if you want to ask specific questions.

“I’m in the process of setting up QuickBooks account for my C Corp. I have a construction business and a hair salon that are DPA-ed as C Corp. I am flipping single-family residents in Wyoming LLC? I have sub-expense and sub-income accounts for those.” This is getting long. This one, we may want to answer next week because this is kind of cool. It’s talking about sub-accounts. I’m just going to table that one unless you want to jump on it.

Jeff: No, I think there were a couple of issues in there.

Toby: Yup, “But you don’t pay tax until the withdrawal, correct? That was just with regards to the IRA.” Steve, you do need an account and, yes, you don’t pay the tax until you withdraw, add up in IRA. If you have unrelated business income tax or debt finance income out of an IRA, you’d pay it in the year that it was generated. “Can I set up an entity to receive W2 income and max out top […]?” Yes, but you can’t do it out of a self-directed IRA.

The reason being is that you are a disqualified person so you cannot do that unless you do something called a ROBS transaction, and that’s going to be a major topic for another day. That’s if your IRA invests in a C Corp that you set up and there are ways to do it and then you could actually pay yourself, so there. “I recently rolled over a 401K to equity trust IRA account, lending funds to other investors charging interest. Is interest income taxable to the IRA?” No, you can do that all day long, and equity trust is having to sign all your docs. My recommendation would be to set up your own 401K so you can sign the loan documents.

Somebody says, “How many times a year can you roll over from 401K to IRA or reverse rollover?” It depends on whether you’re doing a direct rollover.

Jeff: You can do a trustee to trustee every day if you want, meaning you’re going from TDM trade to Bank of America. You can do those as long as it’s directly being transferred. You can pull the money out once to yourself once every 12 months, and it’s a rolling 12-month period. If I pulled it out today, then I wouldn’t be able to do it again until next October.

Toby: Somebody asks, “Can I roll individual stock holding into Roth trading account if the current value is under the 550 limit, and how?” The answer would be, really, no; you’re going to have to liquidate the holdings, open up a new account in the Roth IRA and then contribute the 5,500. It’s a pain in the butt, I know, but I don’t make the rules. It’s this whole Bank Secrecy Act and all this stuff since they flew planes into trade centers.

“Is the old rule dead on personal residences two out of five years?” No, that’s still the rule, and we still use it like crazy. That’s exception 121.

Jeff: Yeah, they were talking about making it five out of eight years, and that got thrown out so it’s still the old two-out-of-five rule.

Toby: Yup. “Do my startup costs carry over two years if my net was negative?” It’s actually 20-something years.

Jeff: 15 years.

Toby: 15 years now? Nate, you can carry forward your startup costs. Is it 15?

Jeff::Yeah.

Toby:  “Hey, wait a second. I have an S Corp. They keep charging me the 800 fee every year. I thought I heard you say, ‘No, they can’t do that.'” No, you get the 800 minimum; it’s just lots of people say that’s an unconstitutional tax, but that’s your 800 minimum tax, fee or whatever they call it, and they like to hit you. “Is it best to hire kids under 18 to work for an LLC or C Corp?” If you are a sole proprietor, you don’t have to worry about payroll taxes. If you’re C Corp, you’re going to have to do some payroll taxes, but, either way, you’re going to benefit from–

Jeff: Wages are not subject to the Kiddie Tax.

Toby: Yeah, the Kiddie Tax is–I’m not sure what the Kiddie Tax says.

Jeff: The Kiddie Tax says if your children have what they call unearned income, capital gains, interests, dividends, things like that, over a certain amount–I believe it’s $2,100–then they’re taxed at your tax rates; not their own. In this case, a W2 would be taxed at their rate, which would be zero.

Toby: “How can I make consultant work earn income?” You work. That’s what consultant work is. It is absolutely earned income no matter what. “I am flipping houses via an S Corp. Is there danger in the S Corp being labeled as a dealer?” No. In fact, that’s what we like. We want the S Corp to be a dealer because it’s an active business. We don’t want you to be the dealer and, because you have an S Corp now, you won’t be a dealer so you can still be an investor.

Jeff: Right, the status doesn’t flow through to you.

Toby: Yup. “How do I get real estate professional designation with the IRS?” You don’t. It’s just you get to claim it when you personally spend more than 750 hours a year on real estate through any of your businesses, aggregate them altogether including all your properties. You have to make an aggregation election. If your accountant screws this up, then you lose this, and it has to be the number one use of your personal time.

No other professional services can be more than it, so 750 hours plus number one use of time, and you make your aggregation. If you’re doing 1,000 hours as something else, as a cook, and you’re doing 999 hours as a real estate investor, guess what, you’re not a real estate professional. You flip those around, you do a thousand hours as a real estate investor and 999 hours as a cook, yes, you are a real estate professional and you can write off all of your losses.

As an FYI, the Wyoming which I’m referring above is–okay, somebody’s asking questions. Jeff, that’s the one where we’re going to want to look at it. “Is the 20% break from pass-through entity computed on a Schedule E?” No, we don’t know exactly where it’s going to go. It’s probably going to be on the 1040 as far as what I’ve seen on the proposed tax forms. They’ve only given us proposed tax forms so we don’t know for sure, but it looks like it’s going to be on Page 1 of your 1040 because it’s pass-through so you just claim it. After you take all the other income, then you’re just going to take this big old write-off of 20% of that dollar amount.

“If you are a limited partner on a multi-member limited liability company taxed as a partnership on a development deal and a general contractor is a general partner–” there’s no such thing as a general partner on a multi-member LLC; it would be a manager. “Would self-employment earnings on a line 14A of the K1 from the partnership be zero even if the ordinary business income on the K1 be 1 million?” What he’s saying is, “If there’s somebody else who’s the active participant in the partnership, do I have to pay my self employment tax on that partnership if it’s a development activity?”

Jeff: Not if you’re not the managing member or a managing member. If you’re just a member not managing the company, then, no, it’s not self-employment income.

Toby: “The problem with using QuickBooks class for legal entities is that it would be tough to use class for each property or project.” Walt, are you griping about QuickBooks? No, I get what you’re saying. I think you would just make sub-classes so you’d still be able to do it.

Jeff: I think what we do in those cases is we do classify each property and then we just have to know what makes up each LLC.

Toby: Yup. “What if I screwed up and moved an old 401K into a self-directed IRA? Can I then convert my self-directed IRA into a 401K?” Yes, especially if you set it up under your S Corp. There’s no employer 401K. You’re not going to be able to go back into it. If it’s your 401K that you’re set up and you’re the trustee, you’re going to welcome in your money, your self-directed IRA money, and the only way this would not work if it’s Roth. If it’s traditional IRA, then you’re fine because, with Roth, you cannot go Roth IRA to 401K; you can go Roth 401K to Roth IRA but you can’t go back. Traditionally, you go back and forth and back and forth.

“Is a refinanced cash-out on a rental investment considered income?” No, with one caveat. If you take more money out than your bases so if you’re like a–if you’re not on any of the debt and you put in $10,000 and somebody refinances a big chunk of property and hands you 20, you’re paying long-term capital gains on the $10,000 that exceeds your bases since you’re not at risk. Isn’t that cool? We love rules like that.

“Can I go back and listen at a later date?” Yes. If you’re platinum, they’re going to be in the portal, and we’re breaking up a whole bunch of the questions. “Two properties in California with more than $1 million equity. Would it be better to take from a residence a $500,000-deduction and sell a rental home after converted primary residence or do a 1031 exchange? Would you need to hold the title and wait for less taxation?”

This is funny. You have two properties. If one’s a primary residence and you’ve been living in it–in other words, I don’t want to go rental and then live in it because there’s going to be excluded gain; you’re not going to get a bunch of benefit. If you’ve actually been living in one, you can actually do the home exclusion, the 121, plus a 1031 exchange on the same property. Sam, you’re asking a very specific question. I want you to email me because there’s a lot of money at play here that we can save you if you do this right. “When is the 800 for a California C Corp charged?” It’s every year when you go in for renewal or, actually, when you file a renewal.

Jeff: I think the corporations are due by the April 15th.

Toby: They do this once a year, and then the other one is?

Jeff: A lot of people don’t pay until they file the return.

Toby: “Before getting or opening an LLC, should I have an attorney and a CPA attorney? What kind of entity do I need to set up that’s not somebody?” You can absolutely talk to us. If you want to have the time, you could actually–what we do here is, if you’re working with our advisors, they put in the recommendation. They do a structure, then you acquire the entities, and then it goes to an attorney CPA in another EA and they look at it and make sure it’s appropriate so, yeah, you don’t have to worry.

You never want to just do this stuff online and just do it on your own; always have some professional take a look at it. “Can you make trust documents specifically for a sandwich lease?” This is somebody trying not to be held liable for their actions. I always tell you guys. I think we already answered the sandwich lease stuff. Just make sure you’re doing it through your entity.

“I have a Wyoming property management company and manage my own properties but I’m not a real estate agent. There are some real estate agents in town that would like me to list their properties for rent and for sale because the results are received. How can I pay myself there?” It depends on your state but, if you’re going to do that with your Wyoming entity, then I’m going to tell you what I would likely do.

I’m either going to register that Wyoming entity in my state, in which case giving some away of the benefits, or I’m just going to–in my home state, I’m going to set up an entity that is owned by that Wyoming LLC and, magically, from a tax standpoint, they’re considered the same entity. I would set up a disregarded LLC in my home state and then I would do my activities there, but you’ve got to make sure that you’re not stepping on a licensing issue.

Jeff: I think the states get real funny if you try to license an out-of-state as a real estate agent in that state.

Toby: It depends on whether you need to be a real estate agent in that state to list properties. Here, you can be anybody but, if you’re holding yourself out and you’re acting on behalf of somebody else, they’re going to want you to be a real estate broker. “Is the additional 3.8% tax only on short-term capital gains or long-term capital gains?” It’s on any investment income. It’s the net investment income tax. You’re getting hit on a whole bunch of different types so I don’t want to think it’s discrimination. The only thing it’s not getting ahead on is your active income so rent, royalties, dividends, interests, capital gains.

“How do I remain anonymous as a trustee in a wholesaling trust?” Use an entity. It’s usually the best way. If they don’t let you use an entity, then you’re not going to be anonymous. Remember, a trustee is not liable in most of the trust so, at the end of the day, it’s not so bad to have your name in there. “Where the heck in the portal can I find the replay? I can’t find it.” I will get you–somebody will have to respond to that. I will get your response, and then we’re going to end this up.

Somebody says, “Can I pay myself an advertising fee for advertising of a rental or sale property for other agents?” Absolutely, you can charge them any reasonable fee. If you want to do that for them and then it’s actually their listing, you could absolutely do that. You’re actually in Wyoming. I would check with the real estate board to see whether they’re even required to be licensed. That’s a pretty unregulated state that lets you do a lot of things so you may be able to just go out there and hang your shingle, and the agents are just happy as clams to have you there because you get results.

All right. That is it for today. Questions, webinar@andersonadvisors. We do these every other week. Be on the lookout in your inbox because we’ll probably send out some links to the recordings. If somebody cannot find the replays, I will make sure that we get that so somebody would do that. Somebody says, “I lost connection. Is it over?” Yes, we are done. Usually, we go for 45 minutes to an hour, which actually means an hour and a half in our world. Thanks, everybody. Thank you. Thank you. Thank you, and be on the lookout for all the recordings. If you have questions, again, don’t hesitate. Send it to webinar@andersonadvisors.com and we’ll get you straight away. Thanks, guys.

Jeff: Thank you.

As always, take advantage of our free educational content and every other Tuesday we have Toby’s Tax Tuesday, another great educational series. Our Structure Implementation Series answers your questions about how to structure your business entities to protect you and your assets. One of my favorites as well is our Infinity Investing Workshop.

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