Author name: Chris Barrett

Through the use of technology and strategic thinking, Chris brings executive-level financial support into your business.

Should you Make S-Corporation Election?

Why Make S-Corp Election? As a pass-through LLC your total income is going to be subject to self-employment taxes (also known as FICA taxes) equaling 15.3%. With an S-Corporation this is not necessarily the case.  This is because when you make an election to be taxed as an S-Corporation you then will start to pay yourself a salary and report it on Form W-2.  This portion of your income is still subject to self employment taxes.  However, the profit from your business after subtracting out your wages will not be subject to self employment taxes. This has the potential to result in huge savings for you. Checkout how much you can save in the calculator below! S-Corp Tax Savings Calculator Estimated business income: Enter a reasonable salary for yourself: Submit I Have My Results! What’s next? This calculator is not exact. It only acts as a general guide to show the potential savings that making S-Corp election could have for you.  That being said the next step is to educate yourself on all the requirements that your business needs to meet in order to qualify to make the election. Those requirements are: Be a domestic company Have only allowable shareholders. This would include individuals, certain trusts, and estates. Have no more than 100 shareholders Have only one class of stock Not be an ineligible corporation such as an insurance company or a bank. If you meet all of these requirements you should still consider all of the additional administrative costs that come with being an S-Corp. One of the largest additional costs will be your tax filing at the end of the year. If you are currently a single member LLC then you are generally going to be reporting your income on Schedule C of your 1040. As an S-Corp you will file using Form 1120-S. This form is more complex than a Schedule C and your tax pro will charge you more for that complexity.  How do I Make S-Corp Election? Once you’ve met with a qualified tax professional and determined S-Corp election is right for you, you need to file Form 2553 to make the election.  This form is due no later than 2 months and 15 days after the beginning of the tax year the election is to take effect.  Reasonable Salary A common question that will come up from Midwest CPA clients when making S-Corp election is. How do I determine a “reasonable salary”. The general rule is to pay yourself what a competitor might pay you if they were to hire you to do the same work that you do now. To determine what a competitor might pay you, you can analyze job postings, salary guides, and even your previous wage if your business is in an industry you were previously employed in.  Should the IRS analyze your salary they will look at a variety of factors including: Experience Time at work Timing of payments Comparable business salaries Compensation agreements The calculation used to determine salary Responsibilities Accountable Plan Another detail you cannot forget when making S-Corp election is to create an accountable plan. This is an internal policy that follows IRS regulations for reimbursing employees for business expenses.  Without this plan in place you are considered to be on a non-accountable plan. In this case any reimbursements are considered taxable income to be reported on an employees W-2 Form.  This is incredibly important for a small business owner especially if you are regularly reimbursing yourself for expenses such as your home office, cell phone, or car.  If you don’t currently have a plan in place reach out to your CPA and they will likely have a template you can use to get started. While we’ve got you here, why not take a look at our real estate CPA services. View Services View More Resources Disclaimer The content contained in this blog post is intended for general informational purposes only and is not meant to constitute legal, tax, accounting, or investment advice. You should consult a qualified legal or tax professional regarding your specific situation.

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can land be depreciated

Can Land be Depreciated?

Introduction A common question we receive from our real estate investor clients at Midwest CPA is “Can land be depreciated?”. The short answer is no, but the topic is more complex than it seems. Once it’s established that land cannot be depreciated, the next question arises: “How much of the property purchase price should be allocated to the land versus the building?” Allocating a higher amount to the building is in the investor’s best interest, as the building is depreciable. The greater the allocation to the building’s basis, the higher the depreciation expense the real estate investor can utilize to reduce taxes. However, selecting any percentage arbitrarily is not allowed by the IRS. This is a common mistake made by generalist CPAs, who often allocate 10-15% to land for every property they prepare a return for. Such a percentage may not hold up under scrutiny during an audit, potentially leading to additional taxes and penalties. Conversely, an excessively high percentage could result in overpaying taxes. This is why it’s essential to work with a specialized real estate CPA. The goal should be to find the most reasonable and accurate method for determining land versus building cost allocation. In this article, we will explore five methods to achieve this goal. 1. Tax Assessor’s Allocation This is the most used method and is generally well accepted by the IRS. Each year, the local tax assessor provides property value assessments used to calculate the property tax bill. For instance, if the land value is assessed at $63,000 and the building value at $387,000, with a total property value of $450,000, the land value percentage would be 14% ($63,000/$450,000). If the property was purchased for $600,000, $84,000 (14% x $600,000) would be allocated to the land value, while the remaining $516,000 would be allocated to the building value for depreciation purposes. 2. Replacement Cost Under this method, the taxpayer estimates a reasonable cost to construct a new structure similar to the one on the property. Often the property insurance policy will outline an expected cost to replace the building, and this can be used to estimate the replacement cost. Subtracting the estimated replacement cost from the purchase price helps determine the value attributable to the land. 3. Full Scope-Land Appraisal This method involves a qualified professional appraiser analyzing the property to determine the land value. The appraiser considers comparison sales, the property’s highest and best use, overall market conditions, and income generated by the property. Following the guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP), this method offers high accuracy and support. However, it can be time-consuming and costly, making it more suitable for expensive real estate. 4. Real Estate Professional Appraisal This appraisal is much more limited in scope than the one above and will not follow USPAP guidelines. Further, this analysis does not require a professional appraiser as it can be performed by a real estate professional instead. Their analysis will likely rely mostly on an analysis of comparative sales. At Midwest CPA we recommend that this method be used only in rare circumstances. 5. Rule of Thumb Finally, there is the rule of thumb method that is used by a lot of generalist tax professionals due to its ease and speed to calculate. A percentage of anywhere from 10-30% will be selected and used across all properties. This method leaves you as a taxpayer with the lowest level of protection in an audit since there is very little support for your position. Conclusion By understanding these methods and their implications, real estate investors can make informed decisions about land versus building cost allocation. This way you can ensure you remain in compliance with the IRS while still working to optimize tax planning strategies. Work With a Real Estate CPA Firm Real Estate taxation is complicated. That is why partnering with a specialized CPA firm can make a significant difference in your financial success. A real estate CPA firm, like Midwest CPA, possesses in-depth knowledge and expertise in the intricacies of real estate taxation, ensuring that you navigate the tax landscape with confidence. While we’ve got you here, why not take a look at our real estate CPA services. View Services View More Resources Disclaimer The content contained in this blog post is intended for general informational purposes only and is not meant to constitute legal, tax, accounting, or investment advice. You should consult a qualified legal or tax professional regarding your specific situation.

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6 tax saving tips for house flippers

6 Tax Saving Tips For House Flippers

Introduction In the realm of house flipping, every dollar counts when it comes to profitability. However, a prevailing myth has led many to believe that there are limited options for tax savings, particularly since house flippers are classified as dealers by the IRS. Consequently, each house flip is often carried out with minimal tax efficiency, leaving potential savings on the table. In this article, we will debunk this myth and shed light on smart tax moves specifically tailored to house flippers. By implementing these tax strategies, you can unlock valuable savings that contribute to the overall success and profitability of your house flipping business. The Types of Taxes Affecting House Flippers To navigate the tax landscape as a house flipper, it’s crucial to understand the various types of taxes you’ll encounter. Generally, house flippers encounter three primary types of taxes: Short-Term Capital Gains: When you sell a property within a year of acquiring it, the profit from the sale is classified as short-term capital gains. These gains are subject to taxation at your ordinary income tax rate. Long-Term Capital Gains: If you hold a property for more than a year before selling, the profits will be considered long-term capital gains. Long-term capital gains are generally taxed at lower rates than short-term gains, providing potential tax advantages. Self-Employment Taxes: House flippers are self-employed individuals and therefore are responsible for paying self-employment taxes. These taxes encompass both the employer and employee portions of Social Security and Medicare taxes. Understanding these tax categories is essential because each strategy we discuss in this article aims to either reduce or potentially eliminate the impact of these taxes. 1. Making S-Corporation Election When flipping houses as a sole proprietor or an LLC, the entire income you generate is typically subject to self-employment taxes. However, you can optimize your tax structure by making an S-Corporation (S-Corp) election. Here’s how it works: By filing Form 2553 for your LLC you can elect to be taxed as an S-Corp. This election allows you to pay yourself a reasonable salary, which is subject to self-employment taxes, while the remaining profits from your business are not. By taking advantage of this strategy, you can significantly increase your tax efficiency. With self-employment taxes amounting to 15.3%, making an S-Corp election can result in substantial tax savings. 2. Flipping Your Own Home and Utilizing Section 121 Exclusion If you’re open to living in the home you’re flipping, this strategy has the potential to completely eliminate the amount of tax you owe. The Section 121 exclusion allows individuals to exclude up to $250,000 in gains from taxation, while married couples can exclude up to $500,000. To qualify for this exclusion, you must meet the following criteria: Residency Requirement: You need to have lived in the home for at least 2 out of the last 5 years. Timing Limitations: Note that you cannot utilize this exclusion more than once within a 2-year timeframe. By leveraging the Section 121 exclusion, you can potentially eliminate the tax burden associated with the gains from flipping your own home, allowing you to keep more of your profits. 3. Holding Property for a Year: Maximizing Long-Term Capital Gains When you purchase a property and flip it within one year, the gain on that sale is classified as a short-term capital gain. Short-term capital gains are subject to taxation at your ordinary income tax rate, which can be as high as 37% in 2023. Additionally, these gains are also subject to self-employment taxes at a rate of 15.3%. However, by holding the property for at least one year, you can take advantage of long-term capital gains treatment. Here’s how it benefits you: Preferred Tax Rate: The gain on the sale will be considered a long-term capital gain and taxed at the preferred capital gains rate, which currently maxes out at 20% in 2023. This is significantly lower than ordinary income tax rates. Exemption from Self-Employment Taxes: Long-term capital gains are not subject to self-employment taxes.  By strategically holding properties for a year or longer before selling, you can optimize your tax position, benefiting from long-term capital gains tax rates and eliminating the self-employment tax burden. 4. Renting Property Before Selling: Leveraging a 1031 Exchange Renting out a property before selling it can open up opportunities for tax deferral through a 1031 exchange. Here’s how it works: A 1031 exchange allows taxpayers to defer taxes on the gains from the sale of real estate held for investment purposes. However, it’s important to note that the IRS excludes properties held for sale by dealers, and house flippers typically fall into this category. Consequently, they cannot take advantage of a 1031 exchange for their flipping activities. Nevertheless, many house flippers have a long-term investment strategy alongside their flipping ventures. They may come across properties that aren’t suitable for flipping at the moment but could serve as profitable long-term investments. In such cases, you can purchase the property, perform the necessary rehab, and then rent it out to tenants for a few years. By doing so, you create an opportunity to qualify for a 1031 exchange and defer taxes on your gain when you eventually sell the property. To further enhance this strategy, consider exploring the possibility of refinancing the rehabbed property to withdraw your initial investment tax-free. You can then reinvest this money into additional flips, maximizing your returns and expanding your house flipping portfolio. By strategically renting properties before selling them and utilizing the benefits of a 1031 exchange, you can optimize your tax position, defer taxes, and potentially leverage your initial investment for further house flipping opportunities. 5. Quality Bookkeeping to Optimize Tax Deductions There are two main benefits of keeping quality records: Compliance and Deduction Optimization: Keeping accurate records is essential for ensuring compliance with IRS regulations. Additionally, it allows you to identify and claim every possible deduction available to you as a house flipper.  Project Performance and Budget Management: Effective bookkeeping provides you with valuable insights into the financial performance of your house flipping projects. This level of financial visibility empowers you to make informed

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qualify for reps

Qualify as a Real Estate Professional and Save Thousands

Real estate professional status, commonly referred to as REPS, is a powerful tax planning strategy that can often result in thousands of dollars in savings for real estate investors. However, it is a very complicated and closely monitored portion of the tax code, so you need to be careful. Avoid taking shortcuts that may result in missing out on significant savings.

In this article I am going to give you an overview of the steps involved to qualify for real estate professional status as well as the ways it is used to save real estate professionals thousands on their tax bill.

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bonus depreciation

Is Bonus Depreciation Going Away for Real Estate Investors?

Overview The Tax Cuts and Jobs Act of 2017 increased Bonus Depreciation from 50% to 100% for assets placed in service between September 27, 2017, and January 1st, 2023. In this article I’m going to go over what Bonus Depreciation is, what happens now that the 100% deduction has expired, and how it will affect your business. What is Bonus Depreciation? Bonus depreciation is a tax incentive created for business owners to get them to invest in their company and therefore stimulate the economy. It was first introduced back in 2002. It allows a business to accelerate depreciation by deducting a certain percentage of a fixed asset in the first year the asset was placed into service. In 2017 100% bonus depreciation was introduced. This meant a business owner could purchase qualifying property that would normally be depreciated over 5, 7, 10, 15, or 20 years could now be depreciated in a single year. This created huge tax savings potential for savvy business owners and real estate investors. What qualifies for bonus depreciation? Generally, if an asset has a depreciable life of 20 years or less it will qualify for bonus depreciation. Here is a list of assets that generally will qualify to give you an idea. Computers Equipment Furniture and fixtures Machinery Automobiles Software Qualified improvement property How do real estate investors use bonus depreciation? Real estate investors that have large passive income streams can use cost segregation studies to determine how much of their property can qualify for bonus depreciation. By accelerating the depreciation on their property, they can offset other passive income. Further, if an investor can qualify for Real Estate Professional Status (REPS) or utilizes the Short Term Rental (STR) exception their rental may qualify as a non-passive activity allowing them to create losses that can be deducted against other non-passive income such as their business or W2 job. If you’re a real estate investor or professional and want a place to learn more tax and accounting tips specifically for you, join our free Facebook Group. Is there a difference between section 179 deduction and bonus depreciation? On the surface section 179 and bonus depreciation look very similar as they both allow you to accelerate depreciation in the first year an asset it placed into service. In addition, there are circumstances where the two methods and be used in tandem. There are three main differences between the two methods that should be noted. Section 179 allows you to deduct a set dollar amount while bonus depreciation is based off a percentage. Section 179 has a dollar limit which is adjusted yearly for inflation. Bonus depreciation on the other hand has no annual limit. Bonus depreciation allows you to create a net loss through depreciation. Section 179 on the other hand is limited to the amount of money made. What is the future of bonus depreciation? Barring any changes to the law bonus depreciation is set to be phased out to 0% over the next few years. 2022: 100% 2023: 80% 2024: 60% 2025: 40% 2026: 20% 2027: 0% What does this mean for your business? There have been a lot of changes to bonus depreciation since it was first introduced. We have no way of knowing if the above phase out schedule is exactly the way things will pan out. That being said at this point you still have at least some bonus depreciation available over the next few years. Just because you cannot take the entire deduction in year one doesn’t mean there isn’t still tax planning to be done. If anything there is more. Remember tax savings come with diminishing returns. Your first dollar saved could be in the 37% tax bracket while your last dollar saved could be in the 10% tax bracket. Sometimes it makes more sense to spread the deduction over a few years in order to maximize tax savings Make sure you have considered all of these factors when claiming bonus depreciation and setup a time to chat with an expert at Midwest CPA if you have questions about your specific situation. While we’ve got you here, why not take a look at our real estate CPA services. View Services View More Resources Disclaimer The content contained in this blog post is intended for general informational purposes only and is not meant to constitute legal, tax, accounting, or investment advice. You should consult a qualified legal or tax professional regarding your specific situation.

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short term rental tax

Do You Materially Participate In Your Short-Term Rental?

Dear IRS, I am writing to you to cancel my subscription. Please remove my name from your mailing list. – Snoopy One tax strategy high income W2 employees who do not qualify as real estate professionals can implement is utilizing depreciation on short term rental properties to create losses that can be offset against their W2 income. When done right, this strategy can result in a taxpayer creating tax savings equaling a substantial portion of their upfront investment. To implement this strategy, two criteria must be met. First, the property must qualify for an exemption from the typical rental property classification by the IRS There are 6 exemptions that can be utilized with number 1 being the most common for this strategy. The average rental period is 7 days or less. The average rental period is 30 days or less, but significant services are provided. (Think hotels) Extraordinary personal services are provided. (Think nursing homes) The rental is incidental to a non-rental activity. The rental property is available during defined business hours. (Think golf courses, health clubs etc.) The rental is provided by taxpayer to their own business. The second criteria that must be met is material participation The material participation test is looked at on a year-by-year basis. There are 7 tests for material participation. The first 4 tests are the ones most commonly used for this strategy. The taxpayer must work 500 hours or more during the year on the activity. The taxpayer does substantially all of the work in the activity. The taxpayer works more than 100 hours in the activity and no one else works more. The activity is a significant participation activity (SPA). The total of all hours worked in SPAs with 100-500 hours exceeds 500 hours for the year. The taxpayer materially participates in any 5 of the last 10 years. The activity is a personal service activity and the taxpayer materially participated in any 3 prior years. The taxpayer participates on a regular, continuous, and substantial basis during the year. This applies if they also meet the 100 hour test, no one else worked more hours, and there was no property manager hired. What can you do to make sure that you meet material participation? Time Log – keep a detailed time log that shows what work you did and what day you did it. The more detailed your log the better. Note that investor type activities generally don’t count and neither does travel time to or from your property. Don’t hire a property manager – hiring a property manager makes it very hard to claim that you met the material participation test. Have enough time to manage to property away from other businesses/ your W2 – if you have multiple other businesses or a job that takes up a lot of your time, you may want to consider finding ways to free up your time so that you will have availability to manage your short-term rental. Buy a property close to where you live – it is hard to justify that you materially participate when you live far away from your property. This is because the IRS requires you to be integral to the operation of the property and it is unlikely that you are integral if you live hundreds of miles away. Be capable of managing the property – have the skills and physical ability to do any needed tasks. Don’t invest just for the tax savings This should go without saying, but never let the tail wag the dog with tax planning. Think first “is this a good investment?” then start looking for ways to capitalize further through tax savings. While we’ve got you here, why not take a look at our real estate CPA services. View Services View More Resources Disclaimer The content contained in this blog post is intended for general informational purposes only and is not meant to constitute legal, tax, accounting, or investment advice. You should consult a qualified legal or tax professional regarding your specific situation.

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Pro Rata Rule Roth

Navigating the Pro Rata Rule when Using a Backdoor Roth IRA

What is a Roth IRA? There are two ways that you can contribute to an IRA: post-tax and pre-tax. A Roth IRA allows you to pay taxes on your money now, invest that money, and never have to pay taxes on any of the gains from that investment. Therefore, your contributions are post-tax. Traditional IRAs on the other hand allow you to defer your taxes today by taking a tax deduction on the amount you invested into your account, invest that money, and then pay taxes on the distributions. These would be pre-tax contributions. Why should I choose a Roth IRA? Both the Traditional and the Roth should be looked at in your overall tax strategy. However, many people are of the opinion that it is better to pay the taxes now to decrease your risk of paying more taxes later. Taxes may rise in the future, or you may be in a higher tax bracket later in life. By paying the taxes upfront you are protected from any potential increases. Why can’t I use the front door? You can! If you are within the income limitation rules, then you can contribute directly to a Roth IRA. Here is a link to the most up to date IRS guidance on IRA contribution limits. For 2023  If you are a single filer your Modified Adjusted Gross Income (MAGI) must be below $138,000 to contribute the full $6,500 ($7,500 if you are 50 or over) to your IRA. If you are married filing jointly your MAGI must be below $218,000 to contribute the full $6,500 ($7,500 if you are 50 or over) per spouse to your IRA. As you can see if you are a high-income earner, you may not qualify to contribute directly to a Roth IRA. Your options are then to either contribute to a different type of retirement account, or use the Backdoor Roth Strategy. What is the backdoor? The backdoor is where you make a post-tax contribution to a Traditional IRA and convert those contributions into a Roth IRA. As of the writing of this article this is a known, widely used and accepted strategy for getting funds into a Roth IRA. However, it is not as straight forward as contributing directly to your Roth IRA and making a mistake could create unintended negative tax consequences. One of the most common pitfalls is not properly navigating the Pro-Rata rule also known as The Cream in the Coffee rule. The Cream in My Coffee? There are three components to the coffee with cream analogy. 1) the cup 2) the coffee 3) the cream. The Cup: The cup is the Traditional IRA account type. There are three different accounts that work as a Traditional IRA: the standard Traditional IRA, the SEP IRA, and the SIMPLE IRA. It is important that you realize that for the purposes of the Pro Rata rule the IRS is looking at all three of these accounts as one big cup rather than three separate cups. So, when you contribute to any one of these accounts it will be mixed with contents of the other two. The Coffee: The coffee is your pre-tax contributions. The Cream: The cream is your post-tax contributions. Okay… so what does that mean for me? What this means is that if you were to have pre-tax contributions in any Traditional IRA accounts and then were to make post-tax contributions all your contributions would now be mixed and you wouldn’t be able to separate them on distribution. Similar to how once you’ve added cream to your coffee you can’t just pour out the cream! Why is this an issue? Let’s take an example, you have $45,000 in pre-tax contributions in your Traditional IRA cup. You decide to use the backdoor to add $5,000 to your Roth IRA. So, you add $5,000 post-tax into your Traditional IRA and convert $5,000 of your traditional IRA to a Roth IRA. Oh no! You just caused yourself to have to pay taxes on 90% (45,000/50,000) of the $5,000 you converted into your Roth IRA. This is because you added the cream to your coffee it all got mixed and when you went to pour it out just the cream the coffee came out with it. What could have been done instead? A solution to this problem it to make sure that there is nothing in your cup when you go to add the cream! One way to do this would be to rollover all of your Traditional IRAs into a 401k. With these accounts now empty you can be sure that post-tax dollars will not mix with pre-tax dollars when added to your traditional IRA. Then when you convert to a Roth IRA only post-tax dollars will come out. This all sounds too complicated It sounds complicated because as with anything having to do with the US tax code… it is! If you’d like help with tax planning and implementation of a Backdoor Roth IRA let us know and we’ll help guide you through. While we’ve got you here, why not take a look at our CPA services. View Services View More Resources Disclaimer The content contained in this blog post is intended for general informational purposes only and is not meant to constitute legal, tax, accounting, or investment advice. You should consult a qualified legal or tax professional regarding your specific situation.

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Quick Guide Estimated Income Tax

Quick Guide on Paying Estimated Income Tax

In the United States income taxes are to be paid on a regular basis throughout the year. As a self-employed individual you don’t have the luxury of your employer automatically deducting and remitting income taxes from your pay to the government. Instead, you must manage that process on your own. Below is a quick guide on how to do so. 

*Note – special rules may apply if you are a farmer or fisherman.

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