real estate cpa

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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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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