


Ask the community...
I'm a wealth management advisor who works with several HNW real estate investors. Beyond just attorneys and CPAs, make sure your clients have a comprehensive team that includes: 1. A real estate-focused wealth strategist who can coordinate between all the specialists 2. An estate planning attorney (separate from the tax attorney) 3. A CPA who specifically handles real estate investments 4. A cost segregation specialist to maximize depreciation benefits The biggest mistake I see with new real estate investors is treating properties as isolated investments rather than creating a cohesive strategy across their entire portfolio. Each new acquisition should be evaluated not just on its own merits but how it affects their overall tax situation.
How often should HNW clients have their tax strategy reviewed? Is it something that needs adjustment every year or is a good strategy supposed to last for several years? And does having multiple properties across different states complicate things significantly?
Tax strategies should be reviewed quarterly at minimum, with a comprehensive overhaul annually. Tax laws change frequently, and as a portfolio grows, different strategies become available. What works for 3-4 properties often becomes suboptimal at 10-12 properties. Multi-state portfolios absolutely complicate matters and often require state-specific expertise. Each state has different tax treatments for out-of-state owners, and some entity structures that work well in one state can create unnecessary tax burdens in others. This is especially true with states like California, New York, and Texas, which have very different approaches to taxation.
Don't forget about DSTs (Delaware Statutory Trusts) as an option for HNW real estate investors! I've seen several families use these effectively as part of their 1031 exchange strategy, especially when they want to diversify but stay in real estate. The real magic happens when you combine entity structuring with proper timing of recognizing income and losses. We've had clients save literally millions by properly sequencing when they sell properties and when they accelerate expenses.
DSTs have serious downsides though. You lose operational control, returns are often lower than direct ownership, and the fees can be substantial. Plus, you're locked in for the duration with very limited liquidity. They're not always the best choice for active investors who want to grow their portfolio.
Make sure you learn from this for next year! Self-employment taxes are brutal if you're not prepared. As a 1099 contractor, you should be setting aside roughly 30% of ALL income for taxes and making quarterly estimated payments (due April 15, June 15, Sept 15, and Jan 15). I use a separate savings account just for taxes so I'm not tempted to touch that money. Every time I get paid, 30% immediately goes into the tax account. Also, consider talking to an actual CPA instead of using TurboTax. They can often find more deductions than the software and give you advice specific to your situation. Mine costs about $350 but saves me thousands.
It really depends on your income level, state taxes, and available deductions. For many people, 30% is a good starting point, but if you're in a high-tax state or making over $100k, you might need to set aside more like 35-40%. If you found 35% wasn't enough last year, try bumping it up to 38-40%. It's always better to end up with a small refund than to owe more than you expected. Also make sure you're maximizing your business deductions - things like home office, business mileage, health insurance premiums, and retirement contributions can significantly reduce your taxable income.
One thing nobody mentioned - if your tax bill is really high and you can't pay it all even with a payment plan, you might qualify for an Offer in Compromise where the IRS settles for less than the full amount. You have to prove financial hardship though. Also, look into SEP IRAs or Solo 401ks for next year - contributions reduce your taxable income and help you save for retirement. I reduced my tax bill by almost $8k last year by maxing out my SEP IRA.
Thanks for mentioning this! Do you know what qualifies as "financial hardship" for an Offer in Compromise? With my house repairs and existing debt, I'm definitely struggling financially, but I do still have income coming in.
The IRS looks at your assets, income, expenses, and ability to pay both now and in the future. There's no specific income threshold - instead, they calculate something called your "reasonable collection potential." In your case, having necessary home repairs (especially structural ones) and existing debt would be factors in your favor, but they'd also look at your ongoing income potential. The fact that you're actively working and earning would make an OIC harder to qualify for, but not impossible. The IRS has a pre-qualifier tool on their website that can give you a rough idea if you might qualify. But honestly, for most people with ongoing income, a payment plan is the more realistic option. The retirement account suggestion would be more helpful for reducing next year's taxes rather than dealing with what you currently owe.
Another option that nobody has mentioned yet is that your dad could become a co-investor in the property instead of making it a loan. That way, there's no gift tax concern at all because he's not giving you anything - he's investing alongside you. You'd need to work out the ownership percentages and profit-sharing arrangement, but it could be cleaner from a tax perspective. When you do your cash-out refi, you could either buy out his share or both remain as owners.
That's an interesting approach I hadn't thought about. How would we structure the ownership in that case? Would we need to form an LLC or something similar to make it official?
You don't necessarily need an LLC, though many investors do use them for liability protection. You could simply have both names on the deed with specified ownership percentages (like 50/50 or whatever split makes sense based on your contributions). The simplest approach would be to use what's called "tenants in common" ownership, which allows for different ownership percentages and doesn't have right of survivorship (meaning if something happens to one owner, their share goes to their heirs, not the other owner). When you're ready to buy him out after the refi, you'd execute a deed transferring his ownership percentage to you, which is a fairly straightforward process.
This might be a dumb question, but why not just have your dad give you half now ($67.5k) and your spouse the other half ($67.5k)? The annual gift exclusion is $18k per person to each recipient, so your dad could give $18k to you and $18k to your spouse without filing anything ($36k total), and then file a gift tax return for the rest, which doesn't mean he'll pay tax, just that it counts against his lifetime exemption (which is over $12 million).
That's not entirely accurate. While the annual gift exclusion is $18,000 per person, your solution still requires filing a gift tax return (Form 709) for the amounts over $18,000 to each person. The dad would need to report $49,500 to each person as taxable gifts ($67,500 - $18,000 = $49,500). While you're right that this likely won't result in actual gift tax being paid due to the lifetime exemption, it's still additional paperwork and reduces the lifetime exemption amount. The loan approach with proper documentation is cleaner if they truly intend to pay the money back.
Don't forget that for 2025 taxes, bonus depreciation is reduced to 80% (down from 100% in previous years). So if your Apple Watch costs $499 and you use it 50% for business, the depreciable business portion is $249.50, and you can take 80% of that ($199.60) as bonus depreciation in the first year. The remaining $49.90 would be depreciated over 5 years using MACRS. Also, make sure the watch meets the requirements for "listed property" since it's dual-use. You need to keep records of business vs. personal use to substantiate your percentage.
Wait, I thought electronics like phones and computers (and I'm assuming watches?) were 3-year property, not 5-year? Now I'm confused about how I've been depreciating my business tech.
You're right to be confused because the rules aren't always intuitive. Computer equipment (including peripherals like tablets and smartphones) is actually 5-year property under MACRS, not 3-year as many people assume. This includes smartwatches when they're used as computer peripherals. The IRS classifies most technology and office equipment as 5-year property. The 3-year property class is more limited and generally includes things like tractor units and racehorses. It's a common misconception, so don't worry if you've been using the wrong recovery period - you can correct it going forward.
Kinda off-topic but has anyone used TurboTax to handle smartwatch depreciation? I tried last year and got super confused about where to enter the info and whether to use Section 179 or bonus depreciation. End up just entering it as a regular expense and I'm pretty sure that was wrong.
I've done this in TurboTax. You need to go to the Business section, then look for "Business assets, depreciation & section 179." There's a section specifically for entering assets purchased during the year. You'll enter the watch, its cost, business use percentage, and then it will walk you through options for Section 179, bonus depreciation, or regular depreciation. Don't enter it as a simple expense - that's definitely not correct for something that has a useful life of more than one year. The software should help calculate everything correctly once you enter it as a depreciable asset.
Gabriel Freeman
One thing nobody has mentioned yet - if your son has expenses related to earning that 1099-NEC income, he should definitely track those and deduct them on Schedule C. For example, if he bought any supplies, paid for software, or used his car for this work, those are legitimate business expenses that can reduce his taxable income and therefore the self-employment tax he owes.
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Genevieve Cavalier
ā¢That's a great point! My son did buy some design software and a drawing tablet specifically for this work. Would those be fully deductible even though he also uses them sometimes for school projects?
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Gabriel Freeman
ā¢You would deduct the percentage used for business purposes. So if he uses the software and tablet 70% for paid work and 30% for school, you'd deduct 70% of the cost. Make sure to keep receipts and documentation about the business use percentage in case of questions later. A good practice is to have him keep a simple log for a few weeks noting when he uses the equipment for business vs. personal use to establish a reasonable percentage. For items under $2,500, you may be able to deduct them fully in the year of purchase rather than depreciating them over several years, using the de minimis safe harbor election.
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Laura Lopez
Don't forget that your son might also have to make quarterly estimated tax payments for next year if he continues this work! If he expects to owe more than $1,000 in taxes for the year, he should make estimated payments to avoid penalties.
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Victoria Brown
ā¢This is getting complicated fast! How would a college student even figure out estimated quarterly payments? Is there some simple calculation?
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