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Tax Strategies
for Real Estate Investors
Sonu Shukla CPA, CFP
7380 W. Sand Lake Rd Ste 500
Orlando FL 32819
#1: Failing to Plan
“There is nothing wrong with a
strategy to avoid the payment of
taxes. The Internal Revenue Code
doesn’t prevent that.”
William H. Rehnquist
Why Tax Planning?
1. Key to financial defense
2. Guarantee results
Taxable Income
Adjustments to Income
Deductions/Exemptions
 Add Taxable Income
 minus Adjustments to Income
• minus
Deductions/Exemptions
 times Tax Bracket
 minus Tax Credits
 Medical/dental
 State/local taxes
 Foreign taxes
 Interest
 Casualty/theft losses
 Charitable gifts
 Miscellaneous itemized
deductions
Tax Brackets
 Add Taxable Income
 minus Adjustments to Income
 minus Deductions
• times Tax Bracket
 minus Tax Credits
Rate Single Joint
10% 0 0
15% 9,076 18,151
25% 36,901 73,8011
28% 89,351 148,851
33% 186,351 226,851
35% 405,101 405,101
39.6% 406,751 457,601
Tax Brackets (2015)
Rate Single Joint
10% 0 0
15% 9,226 18,451
25% 37,451 74,901
28% 90,751 151,201
33% 189,301 230,451
35% 411,501 411,501
39.6% 413,201 464,851
Tax Credits
Two Kinds of Dollars
Pre-Tax Dollars
After-Tax Dollars
Keys to Cutting Tax
1. Earn as much nontaxable income as possible
2. Make the most of adjustments/deductions/credits
3. Shift income to later years if lower-brackets are
anticipated
“You lose every time you spend after-tax dollars
that could have been pre-tax dollars.”
#2: “Audit Paranoia”
#3: Missing Depreciation

Land
Not depreciable
Improvements
27.5 – 39 years
Property
Break out Land Improvements

Land
None
Improvements
15 years
Land
None
Components
27.5 years
Personal Property
5 years
Improvements
27.5 – 39 years
Property
Break out Personal Property

Land
None
Improvements
15 years
Land
None
Components
27.5 years
Personal Property
5 years
Improvements
27.5 – 39 years
Property
Personal Property Examples
Cabinets Security System
Countertops Signage
Carpeting Stovetops
Dishwasher Supp. Power
Microwave Telephone
Oven/Range Walls/Partitions
PA/Sound Washer/Dryer
Refrigerator Window Treats.
#4: Repairs vs. Improvements
Repairs Improvements
•Deductible now •Depreciable over time
•Keep property in good
operating condition
•Adapt property to new use
•Don’t add value •Add value to property
•Don’t prolong property use •Prolong property use
 Paint
 Plaster
 Repair broken windows
 Fix gutters, floors, leaks
 Room addition
 Upgrade appliances
 Landscaping
 Replace components
#5: Investors vs. Dealers
Investors Dealer
•Buy as long-term
investment
•Buy with intent to resell in
ordinary course of business
•Avoid self-employment tax •Pay self-employment tax
•Depreciation deductions •No depreciation deductions
•Capital gains •Ordinary income
•1031 Exchange •No 1031 exchange
Sole Proprietorship
Report net
income on
Schedule C
Pay Self-
employment tax
up to 15.3% on
income
Pay income
tax on net
income
S-Corporation
Split proceeds
into “salary”
and “income”
Pay FICA up to
15.3% on salary
Avoid FICA/SE
tax on income
Salary Income
Pay income
tax on salary
and income
Employment Tax Comparison
S-Corp FICA
Salary $40,000
FICA $6,120
Net $73,880
Proprietorship SE
Income $80,000
SE Tax $11,304
Net $68,696
S-Corp Saves
$5,184
($73,880-$68,696)
#6: Missing Family Employment
 Children age 7+
 First $6,300 tax-free
 Next $9,225 taxed at 10%
 “Reasonable” wages
 Written job description, timesheet, check
 Account in child’s name
 FICA/FUTA savings
#6: Missing Family Employment
 Children age 7+
 First $6,300 tax-free
 Next $9,225 taxed at 10%
 “Reasonable” wages
 Written job description, timesheet, check
 Account in child’s name
 FICA/FUTA savings
#7: Missing Medical Benefits
“Employee” Benefit Plan
Business Entity How to Qualify
Proprietorship Hire Spouse
Partnership Hire Spouse
(if <5% owner)
S-Corporation >2% Shareholders
ineligible
C-Corporation Hire Self
The “Fine Print”
Nondiscrimination:
 Must cover all eligible
employees
 However, you can
exclude:
– Under age 25
– less than 35 hours/week
– less than 9 months/year
– less than 3 years service
 Controlled group rules
 Affiliated service
groups
The Benefit
 Reimburse medical expenses incurred for:
– self
– spouse
– dependents
 Not subject to 10% floor
 Avoid self-employment tax
 Supplement spouse’s coverage
Eligible Expenses
 Major medical, LTC, Medicare, “Medigap”
 Co-pays, deductibles, prescriptions
 Dental, vision, and chiropractic
 Braces, LASIK, fertility, special schools
 OTC medications (by prescription)
The “Paperwork”
 Written plan document
 Benefits are “reasonable compensation”
 Verify bona fide employment
 Document payments
 Certification
 PCORI fee
Health Savings Account
1. “High deductible health plan”
- $1,300+ deductible (individual coverage)
- $2,600+ deductible (family coverage)
Plus
2. Tax-deductible “Health Savings Account”
- Contribute & deduct up to $3,350/$6,650 per year
- Account grows tax-free
- Tax-free withdrawals for qualified expenses
#8: Missing Car/Truck Expenses
AAA Driving Costs Survey (2014)
Vehicle Cents/Mile
Small Sedan 46.4
Medium Sedan 58.9
Large Sedan 72.2
4WD SUV 73.6
Minivan 65.0
Figures assume 15,000 miles/year; $3.28/gallon gas
#9: Missing Meals/Entertainment
 Bona fide business discussion
– Buyers & sellers
– Tenants
– Referral sources
– Other colleagues
 50% of most expenses
 Home entertainment
 Associated entertainment
#9: Missing Meals/Entertainment
 How much?
 When?
 Where?
 Business purpose?
 Business relationship?
#10: Missing Tax Coaching Service
 True Tax Planning
 Written Tax Plan
– Family, Home, and Job
– Business
– Investments
 Review Returns

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Tax Strategies For Real Estate Investors

  • 1. Tax Strategies for Real Estate Investors Sonu Shukla CPA, CFP 7380 W. Sand Lake Rd Ste 500 Orlando FL 32819
  • 2. #1: Failing to Plan “There is nothing wrong with a strategy to avoid the payment of taxes. The Internal Revenue Code doesn’t prevent that.” William H. Rehnquist
  • 3. Why Tax Planning? 1. Key to financial defense 2. Guarantee results
  • 6. Deductions/Exemptions  Add Taxable Income  minus Adjustments to Income • minus Deductions/Exemptions  times Tax Bracket  minus Tax Credits  Medical/dental  State/local taxes  Foreign taxes  Interest  Casualty/theft losses  Charitable gifts  Miscellaneous itemized deductions
  • 7. Tax Brackets  Add Taxable Income  minus Adjustments to Income  minus Deductions • times Tax Bracket  minus Tax Credits Rate Single Joint 10% 0 0 15% 9,076 18,151 25% 36,901 73,8011 28% 89,351 148,851 33% 186,351 226,851 35% 405,101 405,101 39.6% 406,751 457,601 Tax Brackets (2015) Rate Single Joint 10% 0 0 15% 9,226 18,451 25% 37,451 74,901 28% 90,751 151,201 33% 189,301 230,451 35% 411,501 411,501 39.6% 413,201 464,851
  • 9. Two Kinds of Dollars Pre-Tax Dollars After-Tax Dollars
  • 10. Keys to Cutting Tax 1. Earn as much nontaxable income as possible 2. Make the most of adjustments/deductions/credits 3. Shift income to later years if lower-brackets are anticipated “You lose every time you spend after-tax dollars that could have been pre-tax dollars.”
  • 12. #3: Missing Depreciation  Land Not depreciable Improvements 27.5 – 39 years Property
  • 13. Break out Land Improvements  Land None Improvements 15 years Land None Components 27.5 years Personal Property 5 years Improvements 27.5 – 39 years Property
  • 14. Break out Personal Property  Land None Improvements 15 years Land None Components 27.5 years Personal Property 5 years Improvements 27.5 – 39 years Property
  • 15. Personal Property Examples Cabinets Security System Countertops Signage Carpeting Stovetops Dishwasher Supp. Power Microwave Telephone Oven/Range Walls/Partitions PA/Sound Washer/Dryer Refrigerator Window Treats.
  • 16. #4: Repairs vs. Improvements Repairs Improvements •Deductible now •Depreciable over time •Keep property in good operating condition •Adapt property to new use •Don’t add value •Add value to property •Don’t prolong property use •Prolong property use  Paint  Plaster  Repair broken windows  Fix gutters, floors, leaks  Room addition  Upgrade appliances  Landscaping  Replace components
  • 17. #5: Investors vs. Dealers Investors Dealer •Buy as long-term investment •Buy with intent to resell in ordinary course of business •Avoid self-employment tax •Pay self-employment tax •Depreciation deductions •No depreciation deductions •Capital gains •Ordinary income •1031 Exchange •No 1031 exchange
  • 18. Sole Proprietorship Report net income on Schedule C Pay Self- employment tax up to 15.3% on income Pay income tax on net income
  • 19. S-Corporation Split proceeds into “salary” and “income” Pay FICA up to 15.3% on salary Avoid FICA/SE tax on income Salary Income Pay income tax on salary and income
  • 20. Employment Tax Comparison S-Corp FICA Salary $40,000 FICA $6,120 Net $73,880 Proprietorship SE Income $80,000 SE Tax $11,304 Net $68,696 S-Corp Saves $5,184 ($73,880-$68,696)
  • 21. #6: Missing Family Employment  Children age 7+  First $6,300 tax-free  Next $9,225 taxed at 10%  “Reasonable” wages  Written job description, timesheet, check  Account in child’s name  FICA/FUTA savings
  • 22. #6: Missing Family Employment  Children age 7+  First $6,300 tax-free  Next $9,225 taxed at 10%  “Reasonable” wages  Written job description, timesheet, check  Account in child’s name  FICA/FUTA savings
  • 24. “Employee” Benefit Plan Business Entity How to Qualify Proprietorship Hire Spouse Partnership Hire Spouse (if <5% owner) S-Corporation >2% Shareholders ineligible C-Corporation Hire Self
  • 25. The “Fine Print” Nondiscrimination:  Must cover all eligible employees  However, you can exclude: – Under age 25 – less than 35 hours/week – less than 9 months/year – less than 3 years service  Controlled group rules  Affiliated service groups
  • 26. The Benefit  Reimburse medical expenses incurred for: – self – spouse – dependents  Not subject to 10% floor  Avoid self-employment tax  Supplement spouse’s coverage
  • 27. Eligible Expenses  Major medical, LTC, Medicare, “Medigap”  Co-pays, deductibles, prescriptions  Dental, vision, and chiropractic  Braces, LASIK, fertility, special schools  OTC medications (by prescription)
  • 28. The “Paperwork”  Written plan document  Benefits are “reasonable compensation”  Verify bona fide employment  Document payments  Certification  PCORI fee
  • 29. Health Savings Account 1. “High deductible health plan” - $1,300+ deductible (individual coverage) - $2,600+ deductible (family coverage) Plus 2. Tax-deductible “Health Savings Account” - Contribute & deduct up to $3,350/$6,650 per year - Account grows tax-free - Tax-free withdrawals for qualified expenses
  • 30. #8: Missing Car/Truck Expenses AAA Driving Costs Survey (2014) Vehicle Cents/Mile Small Sedan 46.4 Medium Sedan 58.9 Large Sedan 72.2 4WD SUV 73.6 Minivan 65.0 Figures assume 15,000 miles/year; $3.28/gallon gas
  • 31. #9: Missing Meals/Entertainment  Bona fide business discussion – Buyers & sellers – Tenants – Referral sources – Other colleagues  50% of most expenses  Home entertainment  Associated entertainment
  • 32. #9: Missing Meals/Entertainment  How much?  When?  Where?  Business purpose?  Business relationship?
  • 33. #10: Missing Tax Coaching Service  True Tax Planning  Written Tax Plan – Family, Home, and Job – Business – Investments  Review Returns