


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.
Don't overlook state and local taxes! Depending on where you live, you might need business licenses or permits even for freelance work. I got hit with a fine in my city because I didn't get a business license, even though my "business" was just me doing graphic design on the side. Also, track EVERYTHING. I use a separate credit card for all business expenses so they're easy to separate at tax time. And set aside way more than you think you need for taxes - like 30% of every payment. Better to have extra money than to come up short.
Do you need a separate bank account too? Or can you just use your personal account as long as you keep good records?
You don't absolutely need a separate bank account from a legal standpoint if you're a sole proprietor, but I highly recommend it. Having a dedicated business account makes it so much easier to track income and expenses cleanly, and it looks more professional when clients pay you. If you ever get audited, having separate accounts makes it much easier to prove which transactions were business-related. It's also helpful for calculating your actual profit each month. Most banks offer free or low-cost business checking accounts for small businesses, so there's really no downside to setting one up.
Has anyone used QuickBooks Self-Employed for tracking freelance income? My first client is starting next month and im trying to figure out the best way to keep track of everything. Is it worth the monthly fee or should I just use a spreadsheet?
I've used it for 2 years for my web development side gig. Honestly it's been worth every penny. It automatically categorizes expenses, tracks mileage if you need that, and separates business from personal transactions. The best part is at tax time - it generates all the reports you need and transfers everything to TurboTax if you use that.
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.
Sophia Long
One option nobody's mentioned - have you considered having your daughter remain as your dependent for this final year? The test for qualifying child includes support, and if you paid for more than half her support for the year (including that expensive final semester tuition, housing, etc.), you might still be able to claim her. If her job doesn't start until June, and you supported her completely until then, you might still meet the support test for the full year, especially if the tuition amount is significant. You'd need to calculate all support provided versus her income after graduation. This would allow you to claim the LLC since she would still be your dependent.
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Jeremiah Brown
ā¢I hadn't considered that approach! Her tuition for spring was around $15,000 plus I covered about $8,000 in housing and other expenses through May. Her job pays about $60,000 annually, so she'll make roughly $35,000 for the 7 months she works this year. Would the tuition I paid count toward the support calculation?
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Sophia Long
ā¢Yes, the tuition you paid absolutely counts as support! The IRS considers support to include tuition, fees, books, supplies, and room and board. So the $15,000 tuition plus the $8,000 in housing and other expenses means you provided $23,000 in support. For your daughter's income, it's not just what she earns but what she actually spends on support items. If she makes $35,000 but saves some of it or spends on non-support items like retirement contributions or entertainment, that doesn't all count as self-support. You'd need to calculate what she actually spends on housing, food, medical expenses, etc. after graduation.
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Angelica Smith
Just want to point out something important regarding the LLC that hasn't been mentioned yet. Unlike the AOTC which is partly refundable, the Lifetime Learning Credit is NON-REFUNDABLE. This means it can reduce your tax liability to zero, but you won't get any excess as a refund. This might affect your decision about who should claim it. If your daughter has a low tax liability in her first partial working year, she might not be able to use the full credit amount. If you have a higher tax liability, you might benefit more if you can legitimately claim her as a dependent.
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Logan Greenburg
ā¢This is such a good point! My son graduated last year and his tax liability for his first half-year of work was only about $3,000, so he couldn't use the full LLC amount. Would have been better if I could have claimed it since I was in a higher tax bracket.
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