Disclaimer:
This article contains my personal opinions only. I am
not a tax advisor, attorney or CPA. Do not base your decisions solely on this
article - always cross-reference with other sources and use common
sense. If you do not possess common sense, do not
read this article.
Index:
Property Reselling
Buy
a property from a distressed seller at a low price then resell it at a
high price
Buy a dilapidated, underdeveloped or abandoned property cheap, fix it
up, sell it for more
Buy
a property at pre-construction sales, then resell it
Possible tax implications of re-selling
Property Rentals
Condominiums
Town Home/Row House
Single Family House
Multi-Family Property
Possible tax
implications when owning rental properties
Terminology
Real estate investing (REI) has become a mainstream topic
with the fantastic increases we have seen in property values over the
last couple of years. Millionaires have been created seemingly overnight
and everyone from high-school dropouts to retirees are part-taking in
the current frenzy of real estate investing.
For the purposes of this article, I have divided the rest of it into
two sections. I have found that most novice investors want to either
resell properties (short term) or rent out properties (long
term.)
Property reselling ("Flipping",foreclosures/fix up and sell/buy
low sell high etc)
It is possible to make a lot of money in a short time investing in real
estate in an up-market as we currently see in this area
(Washington D.C.) and in other metropolitan areas around the country.
Especially prevalent the last couple of years have been flipping.
Flipping, in general, is buying a property for the purpose of reselling it
within a relatively short time period.
Do not confuse the flipping
discussed here with the illegal flipping schemes that has been in the
media lately. In those schemes, a combination of mortgage and appraisal
fraud took place to inflate the appraised value of a property and then
pass the property on to a consumer. Flipping in this article is just
another word for resale.
To make money in any kind of transaction, you
have to add value to the transaction. The value you add by flipping is
taking away risk from a builder or owner and assuming that
risk yourself. You are betting on a price increase from when you purchase a
property to when you sell it, leaving you with a profit (preferably a
huge one!)
With new construction, you are counting on general
price appreciation from the purchase date to the completion date. The
builder may also give incentives for using their lender that
would add to your profit.
With existing
construction you are counting on a rebate (i.e. a distressed seller), a
possible general appreciation (buy and hold for a limited time) and/or
the value added by making improvements to the property.
With existing property flipping you often need relatively large amounts of cash for
a down payment, deposits and so on. Generally, with conventional
financing, a 20% down payment is necessary. Many investors use Home
Equity loans on properties they already own to finance the down-payment
of other properties, also called leveraging.
With new construction you may sometimes be able to get a builders
contract and the control of a property for a small down payment. For example,
you may get control of a $300,000 town home by paying a $5000 deposit to
the builder. However, you will in
most cases still need to get a loan, pay closing cost and a down-payment
before reselling. As construction usually takes time, by the completion
time maybe a year later, the appreciation may give a good return if you
are in an up-market. Click here(pdf)
to see a spreadsheet sample of how a $63,500 initial
investment gave an after tax return of about 130%.
Flipping generally incorporate one or more of the
following concepts:
-
"Buy a property from a distressed seller at a low price then
resell it at a high price"
Premise and assumptions
Owners of properties become distressed for many reasons. Nobody
starts out distressed. Sickness, job loss, divorce and death are
common causes; none of which are happy circumstances. If money is
tight and/or your life is falling apart around you, most people like
to simplify their life and get rid of external distractions to
better deal with their pain. High mortgage payments, threat of
foreclosure, no income and so on will result in a owner needing
money fast. Selling a house with a real estate agent could take months.
A savvy investor
can purchase a house in days, hence there is a market for people that
quickly can exchange a property for hard needed cash. There is
a fine line between helping out distressed owners and taking
advantage of people that has hit a rough patch in their lives -
don't cross that line.
What creates value/justifies your profit?
- Your time working with the sellers to help them avoid
bankruptcy etc
- Your ability to act fast and solve a
problem before it gets out of hand.
- Using your own money to make
payments on a property for the owner while trying to find another buyer
to resell to.
Pros/Cons
- You
will have to pay taxes on the
profit you make (holding a property with the intent to resell would
in most/all cases disqualify the transaction from a 1031
Exchange.)
- Deals can be complex if you are doing
subject-to, wraparounds and so on. Mortgage companies may not
like what you are doing, and if they find out may call the loan
balance due. Have a backup source of financing to reduce risk.
- You can make quite a bit of money with
minimal investment.
- It will take a lot of prospecting,
patience and perseverance to find and complete these deals.
-
"Buy a dilapidated, underdeveloped or abandoned property
cheap, fix it up, sell it for more"
Premise and Assumptions
A property is unattractive to a buyer for many reasons. One may be turned off simply by a worn out carpet that would cost
less than a grand to replace while another buyer may not like the closed
floor plan or small room size you often find in older homes.
Most homebuyers are picky, so there is plenty of opportunities for eager
rehabbers to renovate and fix up older homes to better suit today's
taste. You may be adding a bathroom or two to a 4br/1ba house
or you may add an additional bedroom to the loft of a 1950's
2br/1ba rancher and open up a modernized kitchen to the living
room.
What creates value/justifies your profit?
- You creativity has value. By
envisioning not what is but what could be, you increased the
desirability and marketability of the property.
- You spending your own money and time fixing up
and modifying the property.
- You taking
the risk that the repairs and improvements will give you a
return on the investment.
Pros/Cons
- You need to be handy yourself to make necessary repairs and
upgrades, or work closely with a contractor that can get things done
quickly. For most renovations, we are talking 2-6 months for the house to be renovated and sold.
- Financing may be an issue unless you
can do some kind of creative
financing. You will have to pay for mortgage payments,
taxes, permits, insurance and for the renovations.
- Unexpected items (read expenses) can
and will pop up during the process and eat away at your profit.
- Getting an appraiser to see that your
upgrades and repairs are worth the necessary increase in assessed value
may be a challenge.
- There is a lot of competition in this
market from contractors that are experts in this field.
If you have no construction expertise available, you may be more
successful in some other type of REI.
- Knowing what improvements will give a
positive return is as an art and a science.
- Buying a trashed place and turning it
into a jewel can be a very satisfying and profitable experience.
- Great cash potential - risk varies
depending upon your expertise and the people you work with.
-
"Buy a property at pre-construction sales, then resell it"
Premise and Assumptions
Generally, home prices rise over time. The last couple of years home prices
has increased 10-20% per year in some markets. With new construction
sometimes taking a year or more to complete, and pre-construction
sometimes starting well before the developer has even broken ground,
there is a great potential to make money in pre-construction sales. The profit
assumes an increase in home values, the completion of the
development, and the continued desirability of the development.
Even though it may seem like prices will
continue with the current 10-20% annual appreciation forever
(Northern Virginia), this is an unrealistic expectation. There has
been times with stagnating and falling prices in the not too distant
past. Speculate at your own risk!
What creates value/justifies your profit?
- You taking the risk away from the builder that the unit will sell
and that the market price at completion will be higher than what you paid.
Pros/Cons
- The market may change by the time the property is completed.
- Sales
commissions, closing costs, carrying cost after settlement and taxes will eat away at your profit.
- Your
deposit with the builder could be locked up for a long time. The
builder could also go broke and you could loose your deposit.
- You
will in nearly all cases have to settle on the property before
reselling it. This means you will have to acquire financing unless you
have all cash.
- Hostile developers and builder may make it difficult to put up signs and
directional signs to your property. They typically aren't too
excited about the competition
with their own higher priced and still available units.
- Some
developers may not sell to investors at all or may require a large
deposit.
- You will have to pay
short-term capital gains on the profits and may be considered a
"dealer" by the IRS for income tax purposes if you purchase the
property with the intent to resell it.
- Great cash potential at great risk.
Possible Tax implications of reselling
As most reselling of properties take place over a short period, and for
the purpose of resale, you will more than likely have to pay
short-term capital gains tax on anything you make.
Few books deal with the tax implications of owning and flipping investment
properties. Most of them give general information and then refer you to
your "Tax Advisor". Well, my experience has been that very few beginning
investors have or want a tax advisor. Even if they do find one, finding
one that
has any real expertise in real estate investing is difficult and may be
expensive.
Before you get into real
estate, you should equip yourself with a real understanding of taxes and
real estate. Many first-time investors
count on tax breaks that they in the end are not eligible for, or forget to
count in taxes owed when selling property. Real estate investing
involves a lot of money changing hands - every time this happen you may
owe or be owed taxes. Hence, a tip:
| Before buying any investment real-estate, buy the
book "The Real Estate Investor's Tax Guide" by
Vernon Hoven. It is a great book that will answer most or all of your
real-estate related tax questions . |
Property Rentals
This class of investment property is probably what most people associate
with "investment properties." The basic premise is that you purchase a
property (or move out of your Primary Residence and turn that property
into a rental property), find a tenant, and then rent the property to
that tenant for a monthly fee (rent). With the rent you will try to
cover the
property expenses, and hopefully get some regular income. Over the long term you
will also build equity as part of the rent income will be used to pay
down the principal on any outstanding mortgage.
Rental properties is a more long-term investment than reselling
properties. On the other hand, over the long term, it is more stable and
the risk often less. Over the long term, odds are that you will make money
owning rental properties.
Types of Rentals
- Condo
Pros
- Low maintenance cost. Common elements as
the roof, windows,
landscaping and HVAC are covered by the homeowner association.
- Insurance is usually included in condo
maintenance fee (may or may not be sufficient.)
- Low cost per unit.
- A larger pool of potential renters as
the cost per bedroom
typically is lower.
- In-house maintenance to take care of minor repairs.
- Usually controlled access.
- Handicap accessible in many cases with elevators and ramps.
Cons
- Condominium fees eat away at your profit.
Especially when capital reserves have not been sufficient in the
past and major things like elevators, boilers and piping start
to need replacement.
- You may be forced to pay for
"required" common elements like landscaping, swimming
pools, tennis courts as part of a condo fee. Your tenants may
not care about those amenities but you will still
be paying for them.
- Potential for high move-in fees that will have to be paid by
your tenants (or you.) High move-in fees is a tactic utilized by
condominium associations to discourage rentals.
- Limitations as to what kind of alterations and renovations
can be done, how many people can stay in the unit (may be a
plus, depends), pets etc. Grilling may not be allowed on veranda
etc.
- Prices of condominiums fluctuate and are more volatile than
for a town-home or single family house.
- If the ratio of rental units in the complex goes above a
certain percentage, resale of your unit will be very difficult
as lenders will stop making loans for the complex.
- Parking may be an issue.
- Noise to and from neighbors may make
your tenants unhappy - or get you complaints from the
surrounding units.
- You will in most cases need
some sort of limited insurance to cover water damage to units
below yours. This is usually is not covered by the master
insurance.
- Town home/Row house
Pros
- Possibility for a yard, great if you allow pets
and it allows for grilling and gardening.
- Families love town homes and may stay for a long time.
- Closer proximity to car makes
unloading of groceries easier.
- Keeps their value better than condominiums.
- Usually you do not pay for a lot of common elements as a
part of your HOA fee.
Cons
- In most cases you are responsible for maintenance of yard,
roof, HVAC, siding and so on. To pay for this, you will have to budget
10%-20% of the rent for this on average towards a capital
expenditure reserve.
- Town homes sometimes have narrow stairs. More damage to walls and staircase
during move-in and move-out. More wear and tear.
- No in-house maintenance that can take care of small things
going wrong.
- You will have to ensure seasonal
maintenance takes place like gutter-cleaning, water spigot
winterizing, tree trimming, yard maintenance etc.
- Single Family
Pros
Cons
-
Multi Family Properties
Pros
- Huge income potential
- Multiple units in one location instead
of spread all over town.
- Can be efficiently managed by a
management company.
- Can possibly be converted to condos at
some point.
Cons
- Larger expenditures for items like
elevators, roofs etc
- Extra cost in form of onsite
management for daily operations. Must "manage" the management
company for maximum profit.
- Unique challenges as opposed to
single-unit ownership.
Other
- Value of property is determined by the
income potential.
- Out of reach for most part-time
investors.
Possible tax implications when owning rental properties
To most people there are tax benefits to owning a rental property.
To some people this is the main reason they have rental properties.
Apart from mortgage and taxes, the
largest tax deduction is usually depreciation.
Depreciation allows you
to deduct the full value of the property over a 27.5 year period. It is
not a tax break - it is a tax deferral. When you sell the property
(unless you do a 1031 Exchange or similar) you will have to "pay back"
the depreciation to IRS. But, as $100 today is worth more than $100 in
10 years, this is a great way to use deferred money to make you more
money today.
The other tax deductions are the mortgage, tax and general expenses you
have on the property. Some are deductible in the year the cost is
incurred, others must be deducted over time. There are maximum amounts
that can be deducted. For example, if you earn above $100,000 (2004
rules), the amount you can deduct against your income is limited. If you
earn above $150,000(combine with your spouse, if filing a joint tax
return), none of the losses (including depreciation) from
your rental properties can be deducted against your regular income (with
a few exceptions.)
However, the losses can (even if you make above
$150,000) be deducted against any income you have
from your rental activities (rent received), and can be carried forward
from year to year.
If you have a management company manage the rentals for you, what you
can deduct may be limited and any surplus could be counted as regular
income. Read up on Active Participation in
IRS
Publication 527. (pdf)
Real estate Terminology
- No Money Down loans *do exist*. But you
probably don't
want them for an investment property. They often have up-front costs of 1%-2% in "points", or
have a high interest rate, or have a prepayment penalty or have
mortgage insurance or similar.
Lenders take a large risk lending you 100% of the value of the property (you have shown them no commitment
as you are not using any of your
own money.) Banks are in the business to make money -
they will be compensated in one way or another for the risk they are
taking. Also, as we are talking about "investment properties",
getting a loan with anything less than 20% down will be difficult
and expensive. Getting a loan for an "owner occupied" unit is very
different from getting one for an "investment property" that you do
not intend to occupy.
| Don't waste your time trying to get a 100% investor
loan. If you need money towards the 20% down of a typical
investor loan, take out a HELOC (Home Equity Line of Credit) on your primary residence (or another rental
property.) You can typically get a line of credit up to 70%
or 80%
of appraised value on an investment property and up to 90%
of the value on your primary residence. |
- Foreclosures *do exist*. Nowadays they often end up being sold
close to market price. You usually need all the money in cash to pay
for it, and, depending of the type of foreclosure, there may be no
promises made as to the condition, outstanding creditors and liens, current
occupants (sometimes hostile tenants) and so on. Also, the original owner may have the right
to buy back the property within a certain time period.
- Distressed sellers *do exist*. Many distressed
sellers are smart enough to get near market price for their
property, but you may be able to make some money in return for
helping an unfortunate owner out of a bad situation.
- Tax Auctions *do exist*. Yes, you may get a lien position to a
property for say $300 or so. But the original owner do have a lot
of rights. So do all the other creditors that probably wait for
their fair share.
- Assumable Mortgages
*does not exist*. The loan papers may say a loan is "assumable", but
if you read the little writing it says that the new borrower must
qualify, interest rate may be adjusted to current rate, loan term
may be reset or something similar to that. The reason a person want
an assumable mortgage is to not have to qualify, lower settlement
cost or to get a lower rate than the market rate - today's
"assumable" loans very rarely allows for this.
- Creative Financing usually refers to some way for the
purchaser to get a loan/control of a property without the use of a
typical bank. Could be as easy as $10,000 cash-out from a credit
card (not very creative, but with a 0% promo offer could be very
useful as a short term tool) or a loan from the seller of the house
(also called a "purchase money mortgage" or "carry back a note"). You could also do a
"Wrap-Around-Mortgage" that is a way to get a loan from the owner of a
property without touching the original mortgage. Getting one of
these to work assumes the original owner trusts you to make the
mortgage payment. If you default, he'll default...Also, the original
lender may have something to say if they find out.
- Subject
To Financing is the action of purchasing a property with the
existing non-assumable mortgage
in place. As lenders rarely check up on loans as long as they are
being paid, investors often try to purchase a property leaving the
original mortgages in place. The original owner will still have his
or her name on the mortgage - relying upon the new owner to make the
scheduled payments. If a lender finds out that the property has
changed hands, they will usually exercise their due-on-sale clause,
and demand the full mortgage amount paid back.
- Realtors will lend you money from their commission. *Not
true*. Some "get rich" schemes claim Realtors will lend you
money against their future commission on a property you are buying.
This is nonsense - realtors don't do this. But, if you give a realtor
repeat business, he or she may give you a break in the commission
rate when buying and selling (I sure do.)
- Transaction Cost is the expenses related to the transfer
of the property from the original owner to you, and then from you to
the new owner. Settlement costs, commissions, loan fees, mortgage and
taxes and so on are examples of this. Transaction fees can end up
reducing your profit in a "flip" and should therefore be minimized.
- Leveraging means to use the equity in one property to
purchase another one. This is usually done with a Home Equity Loan
Of Credit (HELOC). In an up-market an
investor can take out as much as 10% of the value per year from a
property via a HELOC and amass numerous rental properties in a short
time.
- Cash Flow
Cash flow is used in reference to rental properties. The cash
flow in question is the difference between all expenses and all
income from one or more properties. For example, if a property has
total monthly expenses (mortgages, insurance, taxes etc) of $800 and
the monthly rent is $1,000, the property is said to have a positive
cash flow of $200. If the monthly rent on the other hand was only
$600, the property would have a negative cash flow of $200. Some
investors talk about short term and long term cash flow. For long
term cash flow, expenses such as contributions to a capital expenses
reserve fund (maybe 10% of rental income) and loss for vacancies
(maybe 8% of income) is deducted from the cash flow.
- Depreciation is *not income* and does not increase the
overall profit from a rental property. Depreciation is deferment of
taxes and allows you to depreciate the value of a home over 27.5
years for a residential property. That means, in general, that you
each year can deduct 1/27.5th of the basis (usually same as purchase
price) on your tax return as a passive loss. So, for example, on a
$300,000 rental unit you could (depreciation will assumed, whether
you take it or not) deduct $10,909 yearly on your tax return to
offset against things as rental income etc. The depreciation will be
recaptured at the time of the sale of the unit at whatever tax rate
is applicable at that time. However, as $1 today is worth more than
$1 in 20 years, depreciation is a great way to get you more
money to invest. It is sort of like pre-tax money from a 401-k plan.
- Equity Buildup is the increase of
equity in a property resulting from the payment of a mortgage. With
a rental property, given enough time, the tenants will pay off the
mortgage and the rent income will be pure profit (less taxes and
other expenses.)
- 1031 Exchange
is a way to defer paying tax on the sale of an investment property.
You do this by using the proceeds from the sale to purchase another
investment property. The exchange is subject to numerous rules that
must be followed to avoid taxes.
- Trading Up means to move at regular intervals from one
property to another, renting out your former residence as you move
to a more expensive one. By moving every couple of years to a new
property, you can get favorable owner occupied financing and need a
lower down payment. You will as a result accumulate a real estate
portfolio as you go along.
| Plan to stay for a while. When moving your intent has
to be to stay in your new residence for a reasonable time,
if not it would be fraud.
Also, lenders like to see that you "move up" in size of the
property. They may have a hard time believing you are moving
from a 3500 sq/ft single family to a 100 sq/ft condo unless
you have a good reason to do so. The more units you own, the
more scrutinizing the lender will become, so you cannot
repeat this strategy forever. |
So, not all the buzz is bull. Just search the web and you'll find
useful information for free on all the above and additional topics.
I do not think I know it all, and if you have comments on anything in
this article please send me an email - any suggestions will be
considered (and duly credited if used.)
(C) Are Andresen 2004. All Rights Reserved.
No reprints allowed without permission. Quotes of a paragraph or less
from this page is allowed as long as the
source is properly credited and you email me at
are@andresenrealty with the URL. |