Mobile Home Investing: 4 Things To Know Before Getting Started

Have you ever considered investing in mobile home parks? 

If not, why? 

Mobile home investing is largely overlooked by real estate investors. We tend to prefer single-family homes, multifamily units or other kinds of commercial real estate. But mobile home (aka manufactured housing) parks can be profitable assets—in part BECAUSE they are often overlooked by others.

In this article we will answer three common questions about mobile home investing:

We’ll also give you four key points you need to know before jumping into this exciting opportunity. 

Soon, you’ll see how mobile homes can add value to your portfolio—even though they may not be the most glamorous asset class. And as always, take our quick investor quiz if you need more info, and we’ll help you take that next step.

Is Mobile Home Investing Profitable?

Mobile home investing comes with risks, just like any other investment, but it has a lot of potential to be very profitable. 

As mentioned, a lot of investors simply don’t think about trailer home parks. They simply don’t want to get involved.

Their loss, your gain! The relative lack of competition can benefit you in the following ways:

Mobile home investors often own the land and not the units themselves, making mobile home parks among the lowest-cost investments (per unit) in real estate. That low start-up cost means that yes, there’s lots of room for profit.

Aside from the relatively low barrier to entry, mobile home park owners have little (or no) maintenance costs compared to other real estate asset classes. This us because mobile homeowners (not the landlord) are responsible for:  

To put it another way, a mobile home park represents much less money spent on upkeep than apartment buildings, townhouses, or single-family dwellings. 

Finally, there is plenty of potential for your investment to grow over time. In general, mobile home parks appreciate because:

How Do People Become Wealthy Investing in Mobile Home Parks?

Tenants need affordable places to live, and increasingly mobile homes are fulfilling that role. With mobile home investing, you have an opportunity to meet an ever-growing demand for affordable housing and build your wealth.

There are several ways investors can become wealthy by investing in mobile home parks: 

Cash flow

Since the 2009 housing crash, mobile home park investors have seen an enormous return.

Recession resistance

Mobile homes are recession-resistant because they’re the most affordable type of housing available in the market. When a recession strikes, tenants who used to live in single-family homes look for more affordable options. This causes the demand for mobile homes to increase. Because of this, a mobile home park performs better in a recession than other real estate assets.

Lot rent

Most mobile home lots are leased for 12 or 24 months. It's standard to see lot rents increase anywhere from 10 to 15 percent annually to match the market. 

Tenant stability

Mobile home parks are in the “affordable housing” sector. Tenants living in mobile home parks do not have the financial resources to move. They stay in mobile home parks longer than they do in apartment buildings. Additionally, once a mobile home gets into a park, it stays there. Even if they own the trailer itself, when a tenant needs to move, they typically sell the mobile home to another tenant. The mobile home itself stays in the park. 

The Warren Buffett Effect

In 2002, Warren Buffet acquired Clayton Homes, the largest builder of manufactured housing and modular homes. Berkshire Hathaway then teamed up with 21st Mortgage to introduce the "CASH" program, which helped mobile home investors get new mobile homes onto their lots with little upfront cash. In exchange for the homes, park owners send prescreened tenants to 21st Mortgage. 

Investors benefit from having new homes to attract preferred tenants.  Clayton Homes and 21st Mortgage benefit from prescreened applicants. And the tenants get a home. Everyone wins!

Low risk/high reward appreciation

Using the "CASH" program (similar programs exist from other lenders), mobile home park owners can fill their lots with attractive homes. Then, they fill those homes with tenants and increase the value of the mobile home park. 

Tax and Financing Benefits

You can use IRS tax code Section 1031 to avoid paying tax when buying and selling “like-kind” assets. A 1031 exchange investment strategy enables you to: 

How Does Mobile Home Investing Work?

For a case study on how trailer park investing really works (and how you can get started), refer to our interview with Frank Rolfe about mobile home park investing and how he built a profitable empire. 

The short version is something like this:

To achieve success, Frank focused on offering lower rental rates than his competitors. The low rents appealed to potential tenants, and as a result he maintained full occupancy in his parks. The result? His $400,000 initial investment turned into a $1.5 million sale.

Let’s look at two types of mobile home investors. 

Owner type 1 owns:

In this type of ownership, the tenant owns the home and pays rent for the land plus the use of amenities. 

Owner type 2 owns: 

In this type of ownership, the tenant pays rent for the trailer and the land it’s on.

4 Things You Should Know About Mobile Home Investing

Now that we’ve covered the reasons you should consider investing in trailer parks, you’re ready to take the next step. But first ...Here are the four major things to know about mobile home investing before you take the big dive:

#1 Mobile home investing is a largely untapped resource. That’s why there’s huge opportunity here.

#2 Because this asset class has a proven track record, favorable financing options are available. That makes getting started easy.

#3 Section 8 vouchers to purchase a mobile home are driving demand for affordable housing. 

#4 Market cap rate compression means investors are seeing a solid return on investments—and will continue to do so for the foreseeable future.

Mobile homes are going to be in higher demand as economic uncertainty and a lack of traditional affordable housing lead people to look for affordable housing. So it may be the right time to make the leap. 

 

Do Canadians Need An E-2 Visa To Invest In The United States?

If you're a Canadian citizen interested in investing in property or other business ventures in the U.S., an E-2 visa is not the only way you can do so. However, there are advantages to obtaining an E-2 visa if you can qualify. 

The E-2 visa allows people from other countries (including Canada), to enter legally if they are investing substantial capital into the U.S. economy. For Canadian investors who can meet specific qualifications, the E-2 visa has many benefits, including allowing them to freely travel between countries without restrictions on the length or frequency of trips. 

e-2 visa: simpsons border crossingWhat Is A Treaty Investor (E-2) Visa?

An E-2 treaty investor visa enables citizens of countries with which the United States maintains treaties of commerce to buy or start businesses in the U.S. For Canadians, an E-2 visa will be valid for five years and can be renewed for as long as the business remains in operation.

So Do I Have To Move To The U.S.?

So you’re a Canadian who wants to get in on the super-hot U.S. real estate market. Does that mean you have to move to the States?

No way! Getting a treaty investor visa does not require you to move to the U.S.! You can remain a Canadian taxpayer and resident while managing your business. Getting an E-2 visa is more about giving you options and simplifying business travel to and from the U.S.

canadian investment storyHow Do I Qualify For An E-2 Visa?

For you to qualify for an E-2 visa as a Canadian citizen, you must have “invested” a “substantial amount of capital” in a “bona fide enterprise” in the United States or be actively in the process of making such an investment. 

*All of the terms in quotes have a special legal meaning in immigration law, so we’ll define and discuss each of them below. 

You also must show that you are only seeking to enter the U.S. to develop and direct the business by proving you own at least 50% of the enterprise or have operational control over the business.

“Invested”

In this context, the term “invested” is defined as placing capital, such as funds or other assets, “at risk” with the goal of earning profit. This means that the capital must already be subject to partial or total loss if the enterprise fails. You can’t qualify for an E-2 if you have only planned to make an investment; you must have already done it. 

great white north“Substantial Amount Of Capital”

The law does not set a specific monetary threshold that must be met for your investment to qualify as a “substantial amount of capital.” Instead, it establishes guidelines that look at the proportionality of your investment compared to the entire cost of establishing or purchasing and operating the business. Your investment must also be of a sufficient amount to prove your financial commitment to the business’s success. 

“Bona Fide Enterprise”

A “bona fide enterprise” is defined as a real, active, and operating business that produces services or goods for profit. The condition that businesses be “active” is often the trickiest part for real estate investors. Ordinary buy-and-hold real estate investing won’t meet the qualifications for an E-2 visa, and a simple real estate flipping business probably won’t either. Investment plans involving managing multiple rental properties or consistently buying, selling, renovating, and renting properties are more likely to satisfy this requirement.

Justin Trudeau invests in American Real Estate? Shouldn't you? Just kidding ... we have no idea if he does or notHow Do I Know If I Should Get An E-2 Visa?

So to sum things up, Canadians don’t need an E-2 visa to invest in the U.S., but it can be a valuable thing to have if you plan on running an active real estate investment business in the States. However, it will not be a feasible option if you just want to passively invest in U.S. real estate. 

If you want to know the best course of action for your situation, ask a real estate investment attorney for their advice. Even if an E-2 visa does not work for your investment business, there are other options you can pursue that better meet your needs. An experienced professional can help you make the right decision for your investment plan.

You may also be interested in the following resources:

Why You Should Know Your Property’s Internal Rate of Return (IRR)

Internal rate of return (IRR) and return on investment (ROI) are two critical performance metrics for real estate investors.

But do you understand the difference?

They both offer ways of quantifying how well your investment is doing, but IRR is the one that is often under-appreciated and misunderstood. In this article, we’ll show you why overemphasizing ROI and ignoring IRR is a serious mistake if you’re a sophisticated real estate investor.

We’ll tell you what IRR is and how it differs from ROI, how to calculate it, and what it does (and doesn’t) tell you about your rental property.

Internal Rate of Return: IRR: bored baby gifWhat is IRR / Internal Rate of Return?

Let’s get this out of the way: IRR sounds boring. 

It sounds like one of those metrics that online real estate gurus dug up from some decades-old finance textbook so that they could sell courses.

It sounds like something you don’t actually need to know to make money in real estate, even though it might come in handy every once in a while.

To be honest, by and large, those guesses are not too far from the truth.

But rest assured you can use IRR for every rental property you’re thinking about investing in. Its utility as a key metric in real estate investing is massively underrated, and you can use it to show your friends and colleagues that not all investments are as good as they appear.

Two Things to Know About IRR

The first—and arguably most important—thing to know about IRR is that it takes the time value of money into account. The time value of money, or TMV, is a popular and widely accepted notion in finance that a dollar today is worth more than a dollar tomorrow.

Most economists and financial advisors believe that this is true for a myriad of reasons: every day inflation eats away at the purchasing power of your money, you could miss out on certain opportunities if you don’t have any cash on hand, you can’t cover emergency expenses without reserves (and borrowing that money could incur massive interest over time), among others.

However, when you use IRR to measure your investment, it takes this enormously important factor into account by setting the net present value to zero. This way, later distributions carry less weight.

Also, IRR is an annualized figure, which means it measures year-over-year performance. In the next section on the difference between IRR and ROI, we’ll show you an example of how ROI can mislead investors into believing that an investment performed better than it really did.

As a quick recap:

Internal Rate of Return: IRR: tennis playerHow Does IRR Differ from ROI?

If one of your friends told you that he earned a 170% ROI upon the sale of his investment property, your first inclination would be to think, “That’s a great investment,” right? 

What if you learned that he bought the rental property in 1990 and sold it in 2020?

Not as great sounding, now, is it?

Over the course of 30 years, that 170% return isn't as impressive as it sounded at first. Assuming he actually factored his maintenance, taxes, and closing costs into account, your friend fell short of beating even the most basic and easily accessible stock market index. In that same 30-year period, the S&P 500 delivered an 864% ROI (with dividends reinvested: 1692%). He underperformed ten-fold.

However, if he bought the property in 2019 and sold it in 2020, anyone would be in awe of those 170% returns.

Exact same ROI, totally different investment performance. Why? Because ROI doesn’t take time into account. That’s one of the key ways in which IRR differs from ROI. You can use IRR to compare your investment properties to the expected returns of other assets you might be interested in buying, like REITs, ETFs, commodities, and more. You can’t do that with ROI (at least not to the same extent.

Internal Rate of Return: IRR: money spiralHow to Calculate IRR

Before Excel spreadsheets and financial calculators, IRR wasn’t very popular. The formula isn’t easily understood, so we recommend you simply plug the numbers into an existing online IRR calculator.

With that said, we’re going to give you a quick overview of what IRR might look like for an average $300,000 rental property that you plan on owning for 10 years before you sell. To make things easy, we’ll assume you buy it in cash.

Let’s say it’s a duplex and each side rents for about $800 and increases to $1000 over your timeframe.

Initial Investment: $300,000

Then, you earned $100k after selling your rental property for $400k. All in all, you earned $311,200. That’s more than a 200% ROI. Your IRR ends up being 9.09%.

You can play around with the numbers above to see how IRR accounts not only for how much money you earn but also when you earn that money. If for some reason, you expected to charge higher rent for the first few years and lower rent for the last few years, the metric would drastically change to reflect that.

Internal Rate of Return: IRR: tennis player womanConclusion: Why You Should Know Your Property’s Internal Rate of Return

A property’s IRR is important because it takes into account the time value of money in an annualized way. A 200% ROI sounds good until you learn it took place over the course of 40 years, and there are tons of other investments that would’ve outperformed it by a mile.

By calculating your rental property’s IRR (or its assumed IRR), you can accurately compare the investment to those in other asset classes, like commodities or ETFs.

 

‘Subject-To’ Mortgage Investing: Buying Homes in the Post-COVID Market

“Subject-To” mortgages are going to be a defining feature of the post-COVID real estate market, and here’s why…

As of April, roughly 2.5 million homes are in forbearance, according to the Mortgage Bankers Association. That means that they’ve entered an agreement with their lender to delay foreclosure.

Due to restrictions set up during COVID to limit the spread of the virus, lenders couldn’t officially evict homeowners who weren’t paying down their mortgages. With those restrictions being lifted, lenders are going to start to foreclose on the homes that are in forbearance.

That means many people are looking to get out from underneath their mortgages, and that means that the housing market might experience a boom in the supply of certain properties.

For the savvy investor, this is the opportunity of a lifetime.

subject to mortgage: give me your mortgage

Give me your mortgage ...

What is a ‘Subject-To?’ How Will It Affect the Market?

"Subject-To" is a way of purchasing real estate where the real estate investor takes title to the property but the existing loan stays in the name of the seller. In other words, their interest is “subject to” the existing financing. The investor now controls the property and makes the mortgage payments on the seller's existing mortgage.

If, for example, the seller locked in a $200k mortgage at a 3.8% interest rate, instead of getting another lender to come up with a new loan (and therefore racking up a bunch of costs associated with that process, including inspection, appraisal, broker fees, etc), the investor just pays the ~$1150 mortgage and the home is theirs.

So here's the Cliff Notes version:

How Do You Find ‘Subject-To’s?’ Why Do You Want Them?

What makes subject-to mortgage investing so great? There are a few reasons…

#1 You Never Have to Qualify

"Subject-To" is a great way to build a portfolio. The loans are not in your name and you never have to qualify. The seller already qualified for the loan; all you’re doing is making their payments and putting your name on the title.

In order to qualify for a conventional loan, you have to provide proof of income, a solid credit score, a low debt-to-income ratio, and more. However, when you’re buying properties “subject-to,” those same requirements don’t exist. This makes it that much easier to rack up a bunch of rental properties.

subject to mortgage: cat reading book#2 Lower Fees

Fees can completely ruin a real estate transaction. A 3% broker fee every time you buy and sell real estate can kill many deals—even if there are potentially tens of thousands of dollars to be made. If it all ends up going into the realtor’s pocket (and their brokerage’s pockets), then what’s the point?

When you take over an existing mortgage, though, you don’t have to worry about brokerage fees, along with many others. You can become exposed to the real estate market in a low-cost way, completely changing the dynamics of the deal.

Even if the seller has a backlog of three months of missed mortgage payments, it’s a drop in the bucket compared to the costs that are typically associated with buying a home in the first place. 

#3 Easier to Rack Up a Portfolio with Little Money Down

This ties in with both of the points that we made above, but it’s a big one: when you don’t have to qualify (and re-qualify) for mortgages and you can avoid closing costs (along with many other fees), it becomes much easier to rack up a decently sized portfolio with less money.

Furthermore, many people who qualified for these mortgages simply suffered some form of financial hardship at the worst possible time: a once-in-a-century global pandemic. The loans don’t always have poor interest rates and the sellers were sometimes able to put down a sizable amount of cash for the down payment.

So, there are good mortgages out there just waiting for someone else to take them over. And, finally, that brings us to our last point:

#4 Unprecedented Opportunity

During the 2008 meltdown, roughly twice as many homes were in forbearance, so why is the COVID-19 pandemic any different? How could it possibly be an “unprecedented” (admittedly an overused word these past couple of years) opportunity? 

Unlike today, in 2008, many average investors didn’t know that a possible crash was looming. With the pandemic being such a global and ever-present phenomenon over the past year and a half, we have hard data on exactly how many people aren’t paying down their loans and we have a rough idea of when the restrictions might be lifted.

In this case, though, there’s time to prepare for the surge of these types of properties. Sure, they’ll be in demand—but there will also be an incredible supply.

subject to mortgage: owl faceConclusion: ‘Subject-To’ Mortgage Investing: Buying Homes in the Post-COVID Market

A record number of homes are in forbearance. According to the Mortgage Bankers Association, it’s about 2.5 million. With COVID restrictions being lifted across the US, lenders are going to start cracking down on those mortgages, which means many people will be looking for a way out.

Savvy real estate investors can offer them a way out: through “subject-to” mortgage investing. The investor will add his name to the title and make mortgage payments in place of the seller. It can be a great way for the investor to make a low-fee deal and for the seller to get out from underneath a mortgage that he or she can no longer afford.

Scott Smith's Advice For Canadians Investing in U.S. Real Estate

How will you accomplish financial freedom through real estate investing? 

Start by thinking where in the U.S. you’ll be investing, what type of asset you want to hold, and how you’ll form the relationships you need to make foreign investments.

Once you’re ready to make your first real estate investment in the U.S. the question is: Where should you look? Real estate markets are constantly changing, but Scott Smith, head attorney at Royal Legal Solutions, has a few tips especially for Canadian investors. Scott gave this tips on a recent appearance on the The REITE (Real Estate Investing Training and Education) Club podcast, which you can check out below.

In a hurry? Keep reading to get the high-level overview of everything covered on the show ...

Scott has all the answers!Where Should Canadians Invest In the U.S.?

Canadians looking for a good deal in real estate should keep a few specifics in mind. What kind of investment makes sense to you?

Our last article had lots of tips for Canadian real estate investors (go check it out if you haven’t already), but we’d like to look a little more at the “location, location, location” aspect in this article.

“I’m hot on the Midwest now, inside the Rust Belt,” Scott says. “I’m liking some of the deals I’m seeing in Florida. And Tennessee has some interesting deals coming through, as well as San Antonio in Texas. This is where I’m seeing people buy those single-family homes, or one to four-unit properties. Those are the areas where people are buying $90,000-150,000 properties and can scale from there. 

“I talk a lot about those properties because that’s where you get really great financing instead of personal financing. For most Canadian investors, that’s where you’re going to start.”

If you’re investing in an area that you don’t know anything about and can’t even visit, you are building more risk into the proposition. If you CAN scope out the property in questions, do your due diligence. Walk the neighborhood or ride a bike—you’ll see a lot more than you will just driving around the block. Get a feel for the neighborhood. 

What Tenants Do You Want To Rent To?

Research will give you insight into what kind of tenants you can expect to attract. For example, you should research the income range for your neighborhood. Government agencies have a lot of this economic data available for the taking.

“There are some key things you want to stay on top of regarding what makes a good deal in the U.S.,” Scott says. “You want the median income for the area to be above $40,000 per year. Look for job stability and job security as well. That’s why I like investing where the employers are the government, big corporations and universities.”

What about crime statistics? A lot of Canadian investors think about crime in the areas where they are considering an investment. But Scott says you shouldn’t focus on it too much.

“Almost invariably in the U.S., crime follows job stability and economic depression. So as long as wages are high enough, and we have job stability, crime won’t be a factor for you. I don’t even pay attention to crime reports at all, really. They don’t give you the best source of information for an area.”

What Prices Should Canadian Investors Expect To Pay?

Scott says you shouldn’t necessarily let high prices scare you away. It’s important to watch the macroeconomic trends of a given area or market. That’s more important than historic information based on what people think the prices “should be.” As long as an area has long-term population growth, big price tags shouldn’t frighten the investor away.

“If I have a lot of people moving into a city over time, I am not so price sensitive. I know the demand will push prices up over time. This is exactly what happened in Austin. Four or five years ago in Austin, nobody wanted to buy property at $200 per square foot, because just a few years earlier it was $150 per square foot. That was insane, we thought. But the demand to move to Austin and the tech industry there was so strong, now it’s $400 per square foot.”

canadian investor - patriotic usa image

Buying and Financing Real Estate

You may acquire property directly in the name of the Limited Partnership. However, some of Scott’s Canadian clients get better financing rates when they purchase property in their personal name first. It just takes a Land Trust to do it right.

The Land Trust will let you own the property anonymously. It also allows us to avoid something called the due on sale clause.

“This means you can actually buy the asset in your personal name, then transfer it into the Land Trust,” Scott says.

Next, you’ll create a warranty deed to transfer the asset into the Land Trust so it's now held by the Limited Partnership. This is a huge cost saving measure for Canadian investors.

No matter what type of financing or what type of asset you’re working with, the Limited Partnership/Land Trust structure lets you hold that asset anonymously, in a way that's protected. You're also going to be able to always be able to take advantage of the best possible financing and have the best possible tax advantages.

what types of properties should you invest in?How To Get Started With Your 'US Team'

You’re a first-time Canadian investor in the U.S. It may be tough to know where to start, especially if you can’t fly out to a property and visit it in person. 

Royal Legal gives you access to a network of coaching, preferred vendors, and connections to people who can help you with your U.S. investments. In addition, you'll have access to other investors and to turnkey professionals, including tax and accounting specialists who are used to working with Canadians. 

When you partner with Royal Legal Solutions, you will have some of the industry’s finest attorneys and CPAs on your personal real estate dream team. We’ll help you break down the numbers you need to hit to reach financial freedom. 

We’ll even help you develop acquisition strategies. What do you see as your vision moving forward? Once you answer that question, you can set up the appropriate legal structures to get lending, estate planning, and all the other components needed to put your plan in place.

What’s your target ROI? Let’s analyze your full capital stack. What’s your target return over time to hit your retirement goals? Start with our investor quiz and we’ll help you. A coach will help you clarify your situation. Goals and tactics from books and websites are great, but you need to know something beyond “I want to invest in apartment complexes.”

It may take a couple of sessions to get all the numbers, but knowing the answers to these questions can help you know exactly what kind of ROI you need to hit your goals. From there, you'll work backward, using your current income to pinpoint the asset classes you should be targeting.

 

 

 

8 Tips For Canadians Investing In U.S. Real Estate 

Are you a Canadian investor with an eye on the red-hot U.S. real estate markets? 

If you are, break out the Tylenol, because complicated legal and tax issues can give you a headache before you’ve even started!

Our lead attorney, Scott Smith, recently met with Canadian real estate investing coach David Dubeau to discuss the issues Canadian investors face when investing in the land of the Yanks. Scott has a lot of advice in another article, [[LINK]]] but in this article we’re going to look at the “investment checklist” Lauren A. Cohen introduced during the meeting.

You can check out the talk between Lauren, Scott and David below, or keep reading to get a free download of Lauren’s Eight Steps to Successful Real Estate Investment Across Borders.

Lauren’s Investment Checklist

Lauren’s checklist is designed to ensure success when you're investing across borders. These elements are interconnected. That means you shouldn’t focus on one and ignore the others. 

Here are her tips for Canadian investors looking to make a play in the U.S.

Tip #1 Study The Local Market

Real estate is always about “location, location, location,” right? You’ve heard that one a million times, as have we all. But you need to truly understand the reasons to select a particular location over another.

Where in the U.S. should you invest? Are you looking at one city or region or multiple areas? Why?

Just as in Canada, there are hot areas and not-so-hot areas. You’ll need to look into state and city tax and zoning considerations before making your play.

Your coach/mentor (see the last tip) will help you find your way so you don’t waste time looking at properties in areas where you’re likely to fail.

Need tax help? See our article How Are Canadians Taxed If They Invest Or Do Business in The United States.

Tip #2 Define Your Investing Goals

Lay out your goals in the beginning. Where do you want to be in three months? What about in three years?

If your short-term goals do not match your long-term goals or if you don't consider your long-term goals at the beginning of your journey, you're going to end up in a world of hurt.

Here’s an example of what we mean: If you invest in your personal name because you found a good deal and want to act fast, you may very well realize down the road that you should have set up the appropriate asset protection structures first (often a limited partnership for Canadian investors). Then you may have to go back to square one and fix everything. 

A failure to plan is a plan to fail!

what types of properties should you invest in?Tip  #3 Know Which Property Types To Target

What types of properties should a Canadian investor look at and why? 

You have a lot of options to consider: Vacant lots. Residential. Multifamily. Commercial. Industrial. Mobile Homes. Retail. Real Estate Investment Trusts (REITS). All of these could potentially qualify you for immigration status (though REITS have to be set up very carefully to qualify).

Refer back to your short and long-term goals. Here again, your coach should be able to offer guidance, as there aren’t really any one-size-fits-all solutions.

“As soon as you're investing in multi-family properties with five or more units, you could be ready to invest in a commercial building, and commercial financing is a little easier to come by because it's not only based on your credit score,” Lauren says.

“In the U.S., unlike in Canada, your credit score dictates everything. It’s like the be-all and end-all. And when you're dealing with a commercial property it's also based on the returns on that property. You're going to show tax returns—kind of like buying a business. So it's all about how creative you can be when it comes to financing.”

Tip #4 Choose the Right Legal Entity

Do you need an LLC, a corporation, or a partnership? 

“From a pure asset protection standpoint, it doesn't matter what's happening on the Canadian side of things,” Scott says. “So if you already have a Canadian tax treatment that you like, the Limited Partnership structure is going to be the right structure on the U.S. side of things for you to then channel into whatever Canadian asset holding company you have.”

#5 Decide Whether To Invest Alone Or With Partners

A lot of Canadians like to joint venture with other Canadians who already have properties in the U.S.—especially if their partners already have access to financing. 

Maybe you want to create a real estate fund. Maybe you already have partners that want to invest with you. You may need to bring in a securities attorney, but there is a way forward that is right for you. 

Can’t find the way forward? Then you need to … wait for it … Discuss your needs with your mentor. You may also visit DavidDubeau.com if you need help finding other capital sources. 

#6 Learn How To Purchase Properties in the U.S.

Canadian investors can apply for a mortgage with an American bank or with Canadian financial institutions with operations in the U.S. You’ll probably have to show your passport, international credit report, employment history, residency verification, tax submissions, and proof of down payment.

Generally, dealing directly with Canadian banks means better mortgage rates. Think about it: Canadian lenders are naturally more comfortable lending to Canadians. A Canadian bank with U.S. operations will often approve your financing quickly and relatively painlessly. These would include Royal Bank of Canada (RBC) and Bank of Montreal (BMO).

What about your investing strategy? There are a lot of different strategies: the BRRRR Method, flipping, the buy and hold method, wholesaling … Some of these qualify for visas and some of them don't. Again, that's why your short and long-term goals are so important. Do you want to buy properties outright? Do you want to buy them “subject to”?

Side note: Everybody wants to buy “subject to" mortgages and they're going to be available in a big way in the next year. Why? Because forbearance is going to come due. Forbearance was implemented in the U.S. so mortgage holders could flip payments to the back end of their payment schedule. Any COVID-related pause on mortgage payments is ending and some property owners are simply not going to be able to pay their mortgages.

#7 Know The Immigration Considerations

Do you need a visa to invest in the U.S.? Does getting one mean you have to spend a lot of time in the U.S.?

Getting a visa is often about giving you options. Just because you get a visa does not mean you have to move to the U.S.! 

That's why Lauren loves Treaty Investor (E-2) visas, which are for citizens of countries with which the United States maintains treaties of commerce.

The Treaty Investor visa is based on a substantial investment in a non-marginal business. It gives you, the private investor, the flexibility you need. With this visa you're never going to have a problem coming and going across the border. 

But again, you don't have to move. You can remain a Canadian taxpayer and resident. Or you can be a resident of another country and stay in the U.S. on an E-2 visa from Canada.

You have to have an “active” business to qualify for a visa. You have to figure out how to turn what's usually considered a passive investment (real estate investing) into an active business.

You need to be at least 50 percent owner in the company making the investments.  You have to show that you have boots on the ground if all you're doing is becoming an equity partner in the company.

tips for investing: download

See below to get your free copy

#8 Partner With Professionals (And Find A Mentor!)

Lauren says her favorite words are, “Stay in your lane.” 

Don’t try to play realtor, lawyer and accountant. Put together a team that can guide you, help with due diligence, analyze the price comparisons, and perform deal analysis. It's important when you're working with people on cross-border deals that it's not their first rodeo. 

You may be an experienced real estate investor, but it’s important that you (and your tax and legal advisors) know the differences. Dealing with Americans is different than dealing with Canadians. Not getting the right advice is going to end up costing you more than you will pay to get the guidance you need.

Make sure your team members are vetted and reliable. You need to think about immigration and securities. You need Canadian counsel to make sure that your estate in Canada is protected. Someone will have to help you with taxes on the CRA side and the IRS side.

This can be overwhelming if you don’t have help. That’s why you need a coach.You need somebody that understands everything on both sides of the border. You need somebody that has been down this path, someone who can guide you. Otherwise you’ll invest haphazardly and without a strategy.

Start with our investor quiz and we’ll help you put together the right team for your goals—a team that will evolve as your needs change.

“Without a professional team, investors will get set up right for what's going on at a specific time and point in their life. They don’t think that anything might change ... because they don't know what triggers different considerations,” Scott says. 

“If you have a limited budget, that's fine. Just budget out an hour per quarter to meet with your team. It will only cost a few hundred dollars or whatever the case may be, and it is going to potentially save you tens of thousands of dollars.”

In other words, as Scott says, you should avoid tripping over pennies on your way to dollars and you’ll be set up for long-term success.

Get Lauren’s Guide

Before you get a coach, you can get a guide. This article is a very basic overview of Lauren's popular guide called Eight Steps to Successful Real Estate Investment

Across Borders. It will help you figure out your next step. 

It’s a $47 value, but if you use the special code for Royal Legal Solutions readers, you get it for free. The code is REI4FREE.

About Lauren

Lauren, originally from Toronto, is founder and president of e-Council Global and is a cross-border strategist experienced in both law and real estate. She hosts a podcast, Investing Across Borders and works with us to help Canadians looking to invest in U.S. real estate. 

 

 

 

 

Why The Self-Directed IRA LLC Means You Don't Have To Pay IRA Custodian Fees

A Self-Directed IRA LLC is an IRS-approved tax structure that allows you to personally manage your retirement account without having to pay a custodian. It also offers several other benefits, such as ease of access and tax-free profits.

Self-Directed IRA LLCs vs. Traditional IRAs

A Self-Directed IRA LLC allows you to take control of your retirement by giving you the ability to invest in anything you want. Except for collectibles, such as art. The best part is, you won't have to ask a custodian for consent or pay any custodian fees.

With a traditional IRA, you must go through a custodian when you wish to make investments using your retirement funds, which often triggers high custodian fees and transaction delays.

With a Self-Directed IRA LLC, a special purpose limited liability company (“LLC”) is established that is owned by the IRA and managed by you or any third party. As manager of the IRA LLC, you will have total control over the IRA assets to make the investments you want and understand – not just investments forced upon you by Wall Street.

ira llc custodians: no, not that kind of custodian

Not THAT kind of custodian ...

A Self-Directed IRA LLC Gives You Control of Your Retirement

With a Self-Directed IRA LLC, you will have total control to make any approved investment, including a real estate purchase. You can even pay for improvements and then sell the property without ever talking to the IRA LLC custodian.
Since all your IRA funds will be held at a local bank in the name of the Self-Directed IRA LLC, all you would need to do to engage in a real estate transaction or other investment is write a check straight from the IRA LLC account or simply wire the funds from the IRA LLC bank account.

No longer will you need to ask an IRA custodian for permission or have the IRA custodian sign the real estate transaction documents. You will be able to make investments by simply writing a check.

With a Self-Directed IRA LLC, you will never have to seek the consent of a custodian to make an investment or be subject to excessive custodian account fees based on account value and per transaction.

Self-Directed IRA LLC Benefits

#1 Invest in real estate & much more tax-free

With a Self-Directed IRA LLC, you will be able to invest in almost any type of investment opportunity, including real estate, tax-free.

#2 Virtually no IRA custodian fees

With a Self-Directed IRA LLC, you no longer have to pay excessive custodian fees based on account value and transaction fees. Instead, with a Self-Directed IRA LLC, you keep your money with a passive Self-Directed IRA custodian, often a bank.

Think of the passive custodian as a piggy bank for your Self-Directed IRA LLC. Whenever you need money for an investment, you just go to the piggy bank. You can write a check. You don't actually have to go or speak to your passive custodian.

#3 Tax deferral

With the Self-Directed IRA LLC structure, all income and gains from IRA investments will flow back to your Self-Directed IRA LLC tax-free.

An LLC is treated as a pass-through entity for federal income tax purposes and your IRA, as the member of the LLC, is a tax-exempt party. Which means all income and gains of the LLC will be tax-free.

A Self-Directed IRA LLC allows you to enjoy many more advantages, including the following:

To learn more Royal Legal Solutions' IRA LLC custodian services, take our investor quiz and you'll get the opportunity to book a free consultation.

Business Trusts: Your Key to Greater Control Over Your Investment Accounts

Business trusts can allow you to safely and inexpensively manage your Self-Directed IRA (SDIRA). 

With typical IRAs, you’re at the mercy of the "custodian" (the financial institution that manages your investment). With a Self-Directed IRA business trust or LLC, you get access to different types of alternative investments (including real estate), that you otherwise wouldn’t be able to purchase with those funds.

So the SDIRA grants you the "checkbook control" you need, which means more direct authority and oversight over the investment and management decisions regarding the funds held in your retirement account.

With a business trust, there are even more benefits, as we'll see ...

Why You Should Use a Trust Instead of an LLC

If a legal entity allows you to manage your Self-Directed IRA more effectively, should you open a business trust or LLC? You could theoretically become the trustee of either entity, so why would you choose a business trust?

One key reason: the trust saves you money.

business trusts: making money is fun 

Business Trusts Don’t Have Annual Fees

LLC filing fees vary by state, but most states charge anywhere between $50-800 for annual filing fees and reports, creating an additional and unnecessary expense.

The states with the highest annual LLC filing fees are:

That’s not to mention the initial filing fee cost, which averages anywhere from $100-200. If you ignore or forget to pay your fees, your LLC gets shut down. If you’re managing a lot of money in that LLC, this could cause even bigger issues.

For Self-Directed IRA investors, business trusts offer the same checkbook control with fewer annual fees. That means a lower cost and generally less upkeep. A California business trust, for example, would save you $800 a year right off the bat (and an additional $70 if you count the initial filing fee). Instead, you could pay nothing annually.

But that isn’t the only benefit trusts afford you...

LLCs Can’t Offer the Same Level of Anonymity

Additionally, business trusts go beyond the protections afforded to you by an LLC. They don’t require that you file publicly. When you form an LLC, the Articles of Organization, along with your name and address as the trustee of that LLC, must be filed with your Secretary of State.

Business trusts don’t have that same requirement, giving you an additional layer of anonymity and asset protection in the event of a lawsuit. If the litigators can’t find who owns the trust, they can’t sue that person.

Business Trusts: Anonymity

Tax Efficiency

Finally, business trusts can be more tax-efficient than LLCs. A business trust is considered a “disregarded entity” separate from its owner. That’s also true for LLCs—but there’s a key distinction: even if you file taxes as a partnership, most states require LLCs to file income taxes. If you choose to use an LLC, that’s an additional headache.

This also ties in with the anonymity. Business trusts don’t have to be filed publicly, they don’t have to be updated annually with any reports, and they don’t have to report income taxes. If you use them to shield your Self-Directed IRA, you’re protecting against legal trouble to the greatest possible extent while minimizing costs.

What Can You Hold in a Self Directed IRA Business Trust?

To give you an idea of the types of assets that you could invest in with your retirement funds using a business trust, here’s a short list:

However, just because you have access to more investments doesn’t mean there aren’t rules to what you’re allowed to do and what you aren’t allowed to do. We actually have a specific list of prohibited transactions.

For one, you aren’t allowed to self-deal in any way. If you want to buy a vacation home using your Self-Directed IRA, that’s prohibited. The investment can’t serve you, and you aren’t allowed to work on it yourself. If you choose to purchase a fixer-upper, you also need to hire contractors for that fixer-upper. DIY is expressly prohibited.

Your Key to Greater Control Over Your Investment Accounts

Here are some of the biggest takeaways from this article: 

Selling Real Estate 'As Is': Guide For Investors

What are the benefits of selling real estate “as-is”?

If you’re a real estate investor, you need to know what “as-is,” means. Having an “as-is” clause in a real estate contract could potentially save you from many litigation issues down the line. What are the benefits of this type of real estate deal? What are the drawbacks?

In this article, we’ll go over all of that and more, including:

selling real estate as is buster keatonWhat Does It Mean When a Property is Sold As-Is?

If you’ve ever shopped for homes online, chances are you’ve run into a property description that included the phrase “as-is.” Chances are that the house was significantly cheaper than the other houses in the area. Why is that? What does it mean when the owner is selling the property “as-is?”

Selling real estate "as-is" means that it’s being sold in its present condition, without any stipulations that the seller fix this or that. It doesn’t matter if the roof is caving in and the water isn’t running. As long as the seller follows the disclosure laws in his or her respective state, he or she doesn’t have to make any repairs to the home to get it in livable condition. It comes exactly as you see it, or “as-is.”

Here are some quick things you should know about buying and selling real estate as-is:

How does that differ from the traditional real estate sales process?

selling real estate as is old house

Selling Real Estate The Usual Way Goes Like This ...

Many traditional real estate contracts include inspection and appraisal contingencies. Since the deal isn’t 100% in cash, the bank wants to make sure it’s granting a loan on a reasonable investment. These contingencies can also give the buyer the right to back out of the contract if something unexpected pops up, or if the appraiser comes in at a value that’s higher than the sale price.

The biggest differences between selling real estate as-is and selling real estate on the retail market are:

Now that you have a general overview of what that means, let’s dive into who buys and sells these types of properties.

selling real estate as isWhy Would You Sell a House or Rental Property As-Is?

There are plenty of reasons why someone would sell a house or rental property as-is, but they all have one common denominator: they aren’t willing (and/or able) to make repairs to the property before closing.

With that said, here are some common reasons people sell properties as-is:

So, whether it’s through neglect, inheritance from a loved one, or some other reason, the seller doesn’t have the time, interest, or money to fix it up and list it to people who are looking to move in immediately.

Pros and Cons of Selling Real Estate As-Is

Let’s look at the pros and cons of selling real estate as-is.

Pros

Cons

What You Need to Know if You’re Buying or Selling Real Estate As-Is

If you’re an investor, what are the big takeaways from this article? If you’re selling real estate as-is, then you can avoid a slew of potential litigation issues, particularly in the case of rental property, and you can close deals at a much quicker pace. However, in exchange, you’re sacrificing a higher sales price. Houses that are sold in a more traditional manner might have more fees, but they also typically sell at higher prices.

 

 

 

 

 

 

Photo by Webdexter Apeldoorn from Pexels

 

Self-Directed IRA Bitcoin Investing

Bitcoin is constantly making headlines. We're getting a little sick of hearing about it, to be totally honest.

As Bitcoin becomes mainstream, we hear stories of the crypto-savvy investor buying Bitcoin in its early years and becoming a millionaire. Which leaves more investors asking, “Why not me?”

In 2021, IRA investors are increasingly diversifying with Bitcoin and other cryptocurrencies. Self-Directed Bitcoin IRA investing can deliver high yields along with the tax benefits of non-digital investment.

Here’s a brief primer on Bitcoin and three steps investors can take to start making their own Bitcoin investments using a Self-Directed IRA-owned Business Trust.

Here are the 3 most popular types of investments for our Self-Directed IRA clients. Reach out and we can help you decide whether or not they have a place in your portfolio.Bitcoin Basics

With cryptocurrencies, encryption is used to make new currency units and perform transactions. All this is done in a decentralized system and records are kept in a blockchain, which is a type of digital ledger.

Bitcoin, released in 2009 by Satoshi Nakamoto, is one of thousands of cryptocurrencies but is easily the most popular. Bitcoin must be stored using an online digital wallet or in a personal computer. Due to hacking concerns, some owners use a hardware wallet (a USB-like device protected with a PIN code).

Bitcoin Gets Attention From Investors

Bitcoin turned heads in the investment world by going from a price of under $1 in 2011 to $40,111 on January 14, 2021. The highs and lows have attracted headlines, as in December of 2017, when prices doubled in a matter of weeks. As I write this, its current U.S. value is $33,626.60.

Bitcoin’s wider adoption and impressive gains led to the “Bitcoin IRA," bringing the flashy new investment into the stodgy world of traditional retirement accounts.

Bitcoin Meets the IRA

A traditional IRA (individual retirement account) doesn't permit alternative investments such as Bitcoin and other cryptocurrencies. They're not really known for trying new things.

But what about the Self-Directed IRA (SDIRA), with its more flexible structure? The IRS doesn’t list Bitcoin as a forbidden investment (only list life insurance and collectibles are specified as non-permissible IRA investments). Check out our article, Our 3 Most Popular Self-Directed IRA Investments, to see what else is (and is not) permitted.

Using Your IRA to Invest In Crypto (4 Steps)How to Invest in Bitcoin Using a Self-Directed IRA

#1 Do Your Research

The information I’ve provided about Bitcoin is a good primer, but is by no means a substitute for doing your own due diligence. Be prepared for the uncertainty that surrounds Bitcoin as a new investment.

Also, since Bitcoin isn’t under a regulated system don’t expect the same type of publicly available financials you’d find with traditional stocks or mutual funds.

You can educate yourself on how the IRS deals with Bitcoin investments; a good cryptocurrency resource is Investopedia.

#2 Choose the Right IRA Custodian

The "custodian" is the financial services company that manages your retirement account for you. To learn more, check out our article, Why Your Self-Directed IRA Needs A Special Custodian.

Traditional IRA custodians won't even think about it, but if you're in the market for the self-directed version, you'll need to make sure your IRA custodian is IRS-approved and allows Bitcoin investments. Still, you probably won’t enjoy true checkbook control over your account.

Your SDIRA is self-directed (as the name says), but it isn’t “self-managed.” This means you can’t write a check out yourself for a Bitcoin transaction without a custodian approving the transaction. The processing time can hurt you when you're trying to buy or sell quickly. Also, the fees can add up when choosing this route.

This doesn’t mean you should give up on Bitcoin investing with a Self-Directed IRA. Royal Legal Solutions may be able to help you eliminate the custodial overhead. Many of our clients are Bitcoin investors who enjoy direct control over their IRA investments. Start with our investor quiz to see if you can take advantage of our custodial services.

#3 Choose a Good Cryptocurrency Exchange

Once your Self-Directed IRA is setup and you have direct access to your funds, you’re ready to purchase Bitcoin. Choose a reputable exchange and understand its fee structures. More importantly, be aware of any security flaws and hacking issues. Currently, Coinbase and Kraken are some of the most reputable exchanges.

#4 Choose a Good Cryptocurrency Wallet

For those new to cryptocurrency, this step may seem like the hardest to understand. A cryptocurrency wallet isn’t a physical wallet, although it can take physical form as a hardware digital wallet. Wallets are accessed via a private key, which is a hexadecimal code that you should guard just as you would a security box key. Like a bank account, the wallet holds your balance and a reference to all transactions. It’s also where you can send and receive currency. Think about security when choosing a wallet. Online wallets are convenient and usually offer a mobile version. However, they are susceptible to hackers. Hardware wallets are more secure because they hold the private key in an offline, unhackable device.

#5 Keep Your BTC Investments in Compliance

The “self-dealing” rules that apply to other alternative assets also apply to Bitcoin. For instance, an investor can’t sell Bitcoin to his own IRA nor can any of his family members. This can disburse the IRA or lead to a taxable event. Also, be mindful of annual reporting requirements which require market valuations similar to real estate properties.

#6 Enjoy Tax-Deferred Earnings

With a Self-Directed IRA you can apply the tax-deferral benefits enjoyed by other alternative investments towards Bitcoin. Bitcoin investments can grow unhindered as taxes aren’t applied till funds are disbursed, which can mean decades of growth.

#7 Explore Other Cryptocurrency Investments

Bitcoin is the most widely-known cryptocurrency. However, once you’ve gotten your feet wet in Bitcoin investing, you can expand towards others currencies such as Ethereum and Litecoin. Like Bitcoin, Litecoin has enjoyed tremendous growth. It’s second to Bitcoin in market capitalization, followed by Ethereum and Ripple.

When expanding your Self-Directed IRA, consider what advantages rival currencies have as an alternative to Bitcoin. For instance, Litecoin enjoys faster transaction times and a larger coin supply limit of 84 million compared to Bitcoin’s 21 million.

gold mining bitcoin - miner with pickaxeStart Investing Today

Like any other investment, investors should complete their due diligence, choose the right custodian and be aware of custodial fees. Check out our Using Your IRA to Invest In Crypto (4 Steps) article while you're at it.

Lastly, keep Bitcoin investments in compliance with IRS regulations. The unique steps Bitcoin investors need to make may be overwhelming at first. They include choosing a cryptocurrency exchange and digital wallet. However, once investors get their feet wet, they’ll be a step ahead in expanding their Self-Directed IRA towards other cryptocurrencies. For now, investors could start off with Bitcoin and other private investments using a Self-Directed IRA.

What Is A Bump Clause In Real Estate?

When you are selling real estate, you want to get the best possible price. 

Duh.

In a red-hot seller’s market, that’s usually not a problem. But what about when the market starts to cool down?

A bump clause is a way a seller can continue to market a property until the buyer satisfies a specific contingency, such as selling their current house first. With this type of transaction, a seller can “bump” the original buyer if a better offer comes in.

In this article, we’ll examine how a bump clause works and its advantages for both buyers and sellers.

bump clause mario

How a Bump Clause Works

Unless it is their first home, most buyers need to sell their current home before purchasing a new one. In these cases, the buyer makes an offer with a contingency that they sell the other home first.

If the seller accepts the bid and enters into a contract without a bump clause, the seller has to take the home off the market. No other bids will be accepted during the contingency period. A typical contingency period typically lasts between 30 and 60 days.

With a bump clause, however, the home remains on the market. If another buyer makes a better offer, the seller must notify the original buyer. Then that buyer has only a few days to waive their contingency or increase their offer.

Otherwise, the original contract becomes void. The seller returns the earnest money to the original buyer and proceeds with the new offer.

bump clause in real estateWhat’s the best timing for a bump clause?

In a hot real estate market, homes often sell without contingencies. For example, in the pandemic-fueled housing market of 2020 and 2021, many homes across the country sold above their asking prices with no contingencies other than the home inspection.

However, hot markets eventually start to cool down. Bump clauses allow sellers to accept an offer that may be below their expectations along with a way out if a better deal comes along.

On the other hand, a buyer can present an offer with bump clauses as a way to encourage a seller to accept a bid with a contingency.

Typically there are two different time frames for real estate bump clauses: the 72-hour bump clause and the 48-hour bump clause. Sellers and their agents use the set time periods as a negotiating tool to encourage buyers to act quickly.

The 72-hour bump clause. With this clause, the seller will keep the property on the market, providing the original buyer with a 72-hour first-right-of-refusal notice if a better offer comes in.

The 48-hour bump clause. This clause allows the original buyer a period of 48 hours to waive the contingency or increase their bid on the property.

If the buyer does not meet the time frame stated on the contract, the seller is free to move on to a second offer.

Interested in learning more? Check out our article Real Estate Contingency Clause Examples: How Buyers Avoid Getting Burned.

bump clause two guys fistbumping

Other bump clause terminology you need to know

Here are some other terms you need to know when dealing with bump clauses in real estate transactions.

The no-bump bump offer -- A no-bump contract is just like it sounds. If the seller accepts an agreement with this wording, they cannot back out if a better offer comes along. The seller must take the home off the market and proceed with the sale.

The active offer with bump – This wording on a property listing means that the seller has accepted an offer and has the right to accept another offer.

CTG – You also might see the abbreviation “CTG” for “Contingent” in a property listing. This status means that the property is on the market until the seller learns that buyer has either waived or satisfied a contingency.

Advantages of bump clauses for sellers

Many real estate experts describe a bump clause as a kind of security blanket for home sellers. The main advantage of a bump clause is that it allows a seller to continue listing the home throughout the contingency period. The seller may get a cash offer or one without any contingencies.

However, in a cooling housing market, a better bid may not materialize. So, a bump clause protects the seller from losing out on a perfectly good offer. 

Advantages of bump clauses for buyers

Most home buyers cannot secure financing for a second home prior to selling their current one. But waiting to shop for a new home until your current one sells can be awkward at best. The bump clause is a good solution in a cool seller’s market.

Also, a bump clause may help convince a seller with an unrealistic home listing price to accept a reasonable offer.

Are there any downsides to bump clauses?

Sellers with bump clauses should be careful about jumping into a second “better” offer. After all, bigger isn’t always better. Ensure that the second buyer has good credit and mortgage pre-approval, or else you could be bumping a solid buyer for a less-qualified one.

Another potential problem is that some qualified buyers will stay away from contracts with bump clauses. They may prefer not to take the risk of getting bumped when their current home is about to sell.

It’s always a good idea to evaluate your local real estate market, weighing the pros and cons carefully before including a bump clause.

 

 

 

Photo by Andrey Storn on Unsplash

 

How Are Canadians Taxed If They Invest Or Do Business in The United States?

A growing number of Canadians are getting into the U.S. real estate investment game.

According to the National Association of Realtors, Canadian buyers spent $9.5 billion on U.S. residential property purchases during the 12-month period between April 2019 and March 2020. This means that Canada only trails China in the worldwide rankings of foreign investments in U.S. real estate by country.

As more and more Canadians look to acquire U.S. properties, investors must keep in mind the tax implications of purchasing real estate in one country while living in another.

In this article, we’ll explain the ins and outs of how Canadians are taxed if they invest or do business in the States and how you can avoid double taxation. 

How Are Canadians Taxed If They Invest Or Do Business in The United States?

If You’re Canadian, Don’t Use A U.S. LLC

We usually recommend that our clients in the States use a Limited Liability Company (LLC) to manage their real estate investments. Not only do LLCs protect investors from personal liability, but they also offer tax advantages compared to a corporation, allowing owners to avoid double taxation on their business’ profits. 

Under U.S. law, corporations are taxed on their profits, and then employees and shareholders are taxed personally on the income they receive from the business. This means that every dollar the business makes is taxed twice. With LLCs, the business is not taxed separately. Instead, all of the business’s profits are reported as individual income of the LLC’s owners. This is known as pass-through or flow-through taxation.

Unfortunately, both single and multi-member U.S. LLCs are recognized as foreign corporations under Canadian tax law. So, if a Canadian invests through a U.S. LLC, the LLC distributions would be considered foreign income that is not subject to a Canadian dividend tax credit or a foreign tax credit. Rather, LLC income will be subjected to double taxation, eliminating the benefits of pass-through taxation that make LLCs ideal for investors in the states. 

U.S. LLLPs And LLPs Are No Longer The Go-To

For this reason, Canadian investors had traditionally relied on U.S. limited liability limited partnerships (LLLPs) and U.S. limited liability partnerships (LLPs) when investing in the States. Historically, these structures had been viewed as partnerships for Canadian tax purposes and therefore allowed investors to avoid double taxation.

However, in 2016, the Canada Revenue Agency (CRA) announced that going forward, U.S. LLLPs and LLPs would be classified as corporations rather than partnerships. This may mean double taxation for Canadian investors who manage their U.S. investments through LLLPs or LLPs. 

Limited Partnerships Are The Way To Go

Now that LLLPs and LLPs are treated as corporations, the ideal structure for Canadian investors is a U.S. Limited Partnership (LP) structure. Similar to how LLCs work for American investors, LP income is not taxed at the corporate level; it’s passed through and reported on its owners’ personal income tax returns.

Plus, LPs offer Canadian limited partners comparable personal liability protections to LLCs without the double taxation that comes with investing in a U.S. LLC. It’s a win-win!

Avoiding Double Taxation

As you can see, intercountry taxation issues can be messy and complicated. In order to enjoy the tax advantages available through U.S. LPs, Canadians must ensure that the required documentation is drafted and filed correctly. Mistakes could result in substantial tax penalties, forfeiting your liability protections, or even losing your right to do business in the U.S. 

For this reason, Canadians who are thinking about purchasing properties in the States should consult with a  U.S.-based business attorney with experience in real estate investments before making any purchases. A U.S. lawyer can help you minimize your taxes and maximize your profits.

 

 

 

 

 Image by Allange from Pixabay

Diversifying Your Real Estate Investments: How Important Is It?

Any experienced investor knows that diversifying real estate investments is key to long-term success.

Many real estate investors get started with single-family homes (SFH) because the market is more accessible than commercial real estate or multi-family properties. This is a natural first step, but it shouldn’t be the last.

Expanding your portfolio to include different asset types lowers your overall risk. 

Not only should you buy different assets, but also spread those investments out across different markets. Any number of factors could wipe out home or real estate values in an area -- and you want to guard against that volatility as much as you possibly can.

However, diversifying beyond single-family homes will not guarantee profits -- nor will it fully ensure you won’t have losses. But for high-net-worth investors, it’s definitely the best route to take. 

In this article, we explain why.

The Benefits of Investing in Single-Family Homes (SFHs)

First, there are a variety of benefits to investing in single-family homes versus multi-family homes and other properties:

All in all, these points fall under the same general category: Easier accessibility. It’s simply easier to get started with a SFH than any other real estate asset type. That’s why so many real estate investors begin with SFHs.

As with any investing approach, it’s smart to start small and work your way to bigger properties. Buying one SFH is less daunting for new real estate investors than buying a multi-family property. After all, taking care of one tenant (or one family) is much easier than taking care of two or more. 

series LLC investment

Most Royal Legal Solutions clients initially invest in SFHs and eventually branch out into industrial real estate, multi-family housing, retail, medical, and self-storage. Why? Because they begin to realize that all of their eggs shouldn’t be in one basket.

Different assets have different risk factors -- and sometimes, in real estate, different properties are complementary. If the demand for SFHs collapses and property values plummet across the nation, then the slack has to be picked up by apartment and multi-family properties (because people have to live somewhere, after all).

In addition to diversifying across asset types, it’s just as important to diversify across markets.

Locations, Locations, Locations: Don’t Get Tied Down in One Area

There are advantages to having your investment property near where you live. If anything goes wrong—say, your tenant gets locked out of the building or the power goes out—you can be there to offer hands-on assistance.

But spreading out your investments across different real estate markets is also important.

Concentrating your holdings in a particular city or area makes your entire portfolio subject to the fluctuations of local supply and demand. Even in the best areas, there are a number of factors that could seriously hurt real estate market values:

Even if you own a variety of real estate asset types in a single location, you still aren’t as diversified as you could be. If you lived and invested in New Orleans in 2005, it didn’t matter if you owned a single-family home, a condo, a four-plex, a self-storage facility, and a corner convenience store—Hurricane Katrina would’ve dealt a massive blow to your portfolio (unless you were amply insured and looking to cash out).

Experienced real estate investors avoid over-concentrating in one particular asset class or location. If, instead, your assets were spread out across the entire continental United States, your portfolio wouldn’t have been affected quite as much.

High-net-worth investors know that a real estate portfolio with a range of asset types, spread out across different locations, puts them in a better position to withstand economic downturns and events like the COVID-19 pandemic and natural disasters.

Why Different Asset Types are Key to Diversifying Your Investment Portfolio

Dwight Kay, founder of Kay Properties and Investments, a national 1031 exchange investment firm, outlined an example of how a hypothetical investor can diversify a $500,000 investment portfolio across commercial and multifamily real estate with the potential for income and appreciation. The funds would be equally spread among these assets:

Kay says this hypothetical investor “has diversified her portfolio by both asset type and geography.”

The hypothetical investor has also avoided highly cyclical and volatile markets, like senior housing and buildings involved in oil and gas production.

Conclusion: Diversifying Your Real Estate Investments

When it comes to real estate investing, it’s easiest to get started with a single-family home. The cost is lower, the financing options are plentiful, and the tenants typically care more about general upkeep than a multi-family or apartment building. Naturally, that’s where many investors start.

However, as time goes on, it’s smart to diversify across different asset types. That includes:

Not only is it a good idea to invest in different asset types, it’s also a good idea to spread those investments out across different markets. A number of factors could wipe out real estate values in any given market, and they aren’t always within your control (nor are all of them easily insured against).

Avoid cyclical, highly volatile asset classes, including senior housing and long-term senior care facilities, hotels, and real estate used in the production of oil and gas.  

Focus on diversifying your portfolio by buying different assets in different markets. Don’t get too caught up in solely buyings single-family homes in one market. Remember: the demand could disappear in just a few short years.

 

 

 

 

Photo by Anete Lusina from Pexels

Renting To Tenants With Dogs: What Landlords Need To Know About Liability

We’ve all heard of horror stories about the dog owner who had to go to court because his/her dog bit a child at the park or snapped at the pizza delivery guy.

These cases can often elicit strong emotions. Dog lovers can empathize with the dog owner, whose otherwise gentle furry friend is maligned as a dangerous threat.

However, anyone who's seen an obviously untrained dog run wild as the irresponsible owner stands idly by can emphasize with the victim.

As a landlord, you may consider yourself the uninvolved bystander when a biting incident occurs. However, this is not always the case.

In this article, we’ll review your responsibilities as a landlord when it comes to renting to tenants with dogs. Our four legged friends can come with some unexpected liability issues, so read on.

Interested in learning more? Read Pet Ownership Laws & How They Can Bite You In The Assets.

renting to tenants with dogs: dog in teacupPower to Remove a Dangerous Dog

One of the most important things to keep in mind is that landlord liability is rare when it comes to incidents involving a tenant’s dog. You can read more about dog bite liability here. There are only two scenarios in which a landlord can be held accountable.

The first scenario is when a landlord has previous knowledge of a dangerous dog and also has the power to remove that dog. Both conditions should be met in order for the landlord to be held accountable. For instance, David is the new landlord of a building where the old owner, according to a one year lease agreement, allowed one tenant to own a dog. David knows of this dog’s history of biting both guest and other tenants. In this case, David wouldn’t be liable if a biting incident occurred because the dog’s owner had a prior agreement with the previous landlord.

Although David met the condition of knowing about the dangerous dog, he didn’t have the power to remove the dog. In this case, it’s still wise and responsible for David to manage the situation. He can attempt to remove the dog through eviction, request the dog be kept indoors or erect a fence to prevent further incidents.

Previous Knowledge of a Dangerous Dog

Knowledge of a dangerous dog isn’t as cut and dry as it seems. For instance, Ron who is the landlord of a property with a dog who barks and growls at everyone who passes by may have an intuition that the dog could be dangerous. The entire building and neighborhood may be irritated with this dog’s constant barking and mean demeanor. However, this doesn’t mean Ron has actual previous knowledge of the dog being a danger to others. The key word here is “actual knowledge.”

Actual knowledge means Ron knows of a past attack, such as a biting incident or threat made by the dog. Since determining what constitutes a threat can vary greatly depending on how individuals interpret a dog’s actions, it’s important to study past cases. Both Colorado and New York had cases where landlords were found liable for attacks because they ignored overwhelming evidence of potential danger by a dog. In the Colorado case, overwhelming evidence included a previous threat towards the landlord’s own grandchild.

what is a reverse mortgage dog wearing glassesHarboring a Dangerous Dog Can Lead to Liability

The second scenario in which a landlord can be held liable for an incident involving a tenant’s dog is if the landlord also harbored or carried out control over the dog beyond simply just renting out property to the dog’s owner. A good rule of thumb to remember here is that if a landlord in any way manages or cares for a dog, he/she will hold the same accountability as the dog’s owner.

Caring for the dog can include bathing, walking or feeding the dog. In a 2004 Wisconsin case, the courts ruled a landlord not liable for an attack involving his tenant’s dog. The dog was kept in an area adjacent to both the tenant’s and landlord’s dwellings. However, the landlord was not found to “harbor” the dog since he didn’t manage or otherwise care for the dog. He simply allowed the dog in the wooded area adjacent his residence.

Liability for Dog Attacks Off the Rental Property

Landlord liability for incidents that occur outside the landlord’s property can be as equally confusing and require a good asset protection lawyer. Based on past cases, landlords can be held liable for attacks that happen off property. Thus, if you know that a tenant’s dog poses a threat, don’t let it roam around freely and excuse it as the owner’s liability. A court might not agree and instead deem you as the landlord liable. Speak to the tenant about safeguarding his/her pet.

pit bull with kissesRental Property Liability Protection

As you can see, determining liability when it comes to incidents involving a tenant’s dog can be complicated. In general, it’s rare for courts to deem landlords liable. However, this doesn’t mean that landlords should take their chances. Rental property liability protection may not be the most exciting aspect of real estate investing, but it is a requirement.

While we can’t do a background check on every dog on your property, we can help you come up with a liability protection plan that can safeguard you against animal attack lawsuits and other often overlooked liabilities. Contact our experienced legal professionals today.

What Assets Are Protected in Bankruptcy?

If you’ve been hit by financial hardship, filing for bankruptcy can offer you a way out of crippling debt. Bankruptcy is a court proceeding that can allow businesses or individuals freedom from their debts while also providing creditors an opportunity for repayment.

However, before you make this move, it’s essential for you to understand how a bankruptcy will affect your assets. This article will offer information on what assets are protected in a bankruptcy and how bankruptcy exemptions work.

Chapter 7 vs. Chapter 13

The first important decision in filing for personal bankruptcy is whether to file under Chapter 7 or Chapter 13. This choice will play a significant role in what assets you are able to keep.

Chapter 7. Sometimes called a “straight bankruptcy,” Chapter 7 is the most common type of bankruptcy proceeding. Under Chapter 7, qualifying individuals, partnerships, LLCs, or corporations can eliminate most of their unsecured debts (and some secured debts) through liquidation. When you liquidate assets, you make cash available to pay your creditors. 

When you file for Chapter 7 bankruptcy, creditors are no longer able to garnish your wages, harass you with phone calls, or initiate lawsuits against you. However, Chapter 7 exemptions typically apply only to your legal residence, not to any property you own as an investment.

Chapter 13. Under Chapter 13, you can keep all your property, including your investment property, but you must pay your creditors a portion of what you owe according to a reorganized three- to five-year repayment plan.

The amount you must pay certain creditors under Chapter 13 depends on how much property you can exempt. Here’s are some examples of how it works:

assets protected in bankruptcy: your race horse can be taken from you!What Assets Qualify For Bankruptcy Exemptions?

The purpose of bankruptcy is not to strip you of everything you own. The courts understand that if you lose everything, the legal proceeding is at best counter-productive. There are both state and federal laws to protect some of your property from creditors even if you don’t file for bankruptcy.

However, you must claim your exemptions when filing your bankruptcy petition in order for them to be protected. And, as we have explained, the court handles exemptions differently depending on whether you file a Chapter 7 or a Chapter 13 petition.

Some states require you to use their list of state exemptions. Others allow you the option of choosing either its exemptions or the federal system’s set of exemptions. You cannot combine the two sets. The state laws you qualify to use depend on where you have lived over the past two years.

Bankruptcy law views property under the lens of necessity. Property that you can keep (exempt property) generally includes items that are deemed necessary for living and working purposes. Property that you have to give up (non-exempt) includes items that fall outside what the court deems the petitioner requires for living and working.

Under Chapter 7, exemptions typically apply only to your residence, not to any property you own as an investment. Investment real estate, including rental property, is generally not exempt.

Here are some typical examples of exempt property:

Here is a list of property that typically is not exempt:

Filing for bankruptcy is never an easy decision since it comes with long-term credit and financial consequences. If you own real estate investments, the decision is even more challenging. 

However, many investors are facing unique challenges these days. If you think filing for bankruptcy might be the right decision for you, it’s wise to take the time to consider all the ramifications and consult a trusted legal and financial professional.

 

 

 

 

Photo by Marylou Fortier on Unsplash  

 

 

What Are Workout Agreements In Real Estate Investing?

Declining property values and the travel and business shut-downs during the pandemic have played havoc with the balance sheets of many real estate investors.

When faced with red ink, some individuals opt to liquidate their assets, while others prefer to negotiate with their creditors. One way to negotiate a debt obligation is with a workout agreement.

A workout agreement (also called a settlement agreement) is a contract made between you and a creditor that allows you to “work out” or renegotiate the terms of a loan. A real estate workout is not a repayment of a real estate secured loan nor a resolution achieved by way of a foreclosure. Instead, it is a negotiated settlement that establishes a new agreement between the two parties.

This article will explain the benefits of a workout agreement and what you need to know before entering into one.

workout agreements: No, not THAT kind of workout, you goofballWho needs a real estate workout agreement?

The idea behind a workout agreement is that it should be mutually beneficial to both parties. A borrower who is in default avoids foreclosure, and a lender gains a greater chance of recouping the loan principal and interest without having to foreclose. The lender also avoids the expenses of any debt recovery efforts.

Not every lender will agree to a workout agreement, and those who do can vary widely in the terms they accept. Typical workout agreements involve extending the terms of the loan or rescheduling the payments.

The right solution depends on the following factors:

Types of real estate workout agreements

Workout agreements can be used for any type of loan, with the exception of government-backed student loans. Here are some of the different types of real estate workout agreements.

Modification – Changing the terms of an existing mortgage (usually temporarily).

Deed change – Granting the deed to the creditor instead of a foreclosure

“Friendly” foreclosure – Selling the property back to the debtor (or another party) with a clean title after foreclosure.

Short sale –Selling the property to a third party in exchange for debt forgiveness.

Short refinance – Refinancing the property for a loan amount less than the original amount.

Repayment plan – Making a down-payment on the balance and promising to pay the balance over time.

Repurchase after foreclosure – Buying back the property after foreclosure.

Forbearance –Discontinuing legal action in exchange for the borrower’s promise to take action (such as listing the property with a real estate agent).

Conversion – Changing an amortizing loan to an interest-only loan

Preparing for a workout agreement

Both the borrower and the lender should carefully consider the terms of the agreement before signing a new loan document. Here are some factors to consider:

NotificationThe borrower should give the lender as much advance notice as possible of an inability to meet debt obligations. Most of the time, lenders are more likely to agree to a workout agreement if they have been notified of a possible default on the loan. Giving advance notice shows that the borrower is someone the lender can trust.

HonestyA lender is not obligated to amend the terms of a loan, so the borrower helps their case by being as flexible as possible in accepting terms set by the lender. However, it is in the lender’s best interest to help the borrower as much as possible.

Tax implicationsAlthough a workout agreement won’t damage a borrower’s credit score as much as a foreclosure, it will have a negative impact. Also, the IRS views any loan reduction or loan cancellation as taxable income. That means the borrower could end up owing more taxes for the year the workout agreement is signed.

Due diligenceBoth parties must perform due diligence on issues surrounding the troubled loan. A pre-workout agreement is an important step for discussing specific problems with the loan, the goals of a workout agreement, and the terms of the contract.

When a loan is in arrears, it’s a bad situation for both the borrower and the lender. Just as both parties have something to lose in a foreclosure, both have something to gain with a workout agreement. Working together on a mutually beneficial solution beats the alternative every time.

4 Tax Benefits of Real Estate Investing

If you're a real estate investor, it's no secret that taxes are an essential part of your business. But did you know there are actually some tax benefits to owning property? That's right - not only is real estate investing an exciting and profitable way to cultivate wealth, but it can also help you pay less to the IRS.

Do we have your attention yet? Read on to discover four substantial tax benefits you can enjoy if you get into the real estate investing game!

Benefit #1 — You Can Deduct Your Expenses When You Invest In Real Estate

There are many benefits to investing in real estate, but one of the most well-known is the ability to deduct expenses you incur related to your investment properties. The IRS allows individuals to reduce their taxable income by certain expenses when they file their taxes for that year. This means if you own a rental property and have $10,000 worth of deductible expenses during the course of that year, you can use those deductions on your tax return and reduce your taxable income by $10,000!

Examples of some deductible expenses for investment properties include:

In some circumstances, you’ll be able to deduct additional expenses as long as they are related to your investment properties or your investment company, if you own one. Because everyone’s situation is different, it always helps to consult with a lawyer or tax professional before claiming any deductions.

Benefit #2 — You Can Deduct Depreciation When You Invest In Income-Producing Buildings

In addition to deducting expenses related to your real estate ventures, you can also deduct the depreciation in value that the building structures will inevitably suffer over time, as long as it is considered an income-producing property.

The first step in deducting depreciation is to calculate the value of the building itself without including the value of the land. You’ll then divide the value of the structure by its “useful life,” which, according to the IRS, is 27.5 years for residential buildings and 39 years for warehouses and other commercial properties. So, for example, if a commercial office building you own and rent out is worth $1 million, you can deduct 1/39th of the value (about $25k) in depreciation each year.

Generally, you can only use losses caused by depreciation to offset passive income and not your total income. So if you earned $200K in salary and have one investment property that lost $5K due to depreciation, you could not use that loss to reduce your taxable income from your salary. However, if you made $10K from another property, the $5K you lost can be deducted for a total of $5K in passive income.

There are three exceptions to this rule:

Benefit #3 — You Pay Capital Gains Taxes Rather Than Income Taxes When You Sell Real Estate

When you earn money by selling a property for more than you initially paid for it, the profits will be subject to capital gains tax rather than income tax. If you own the property for a year or less, the income will be considered a short-term capital gain, which means it will be taxed based on your income-based tax bracket.

Long-term capital gains are where the tax savings can start pouring in. If you owned the property for over a year before selling it, the profit you make would be considered a long-term capital gain. Long-term capital gains are subject to 0% to 20% taxes, with your rate of taxation being based on your income. This rate is lower than their income tax bracket for most people, which can save you thousands in tax dollars.

The long-term capital gains tax rates are as follows:

Benefit #4 — You Can Avoid Social Security and FICA Taxes When You Earn Rental Income

Because the IRS considers earnings from rental properties to be passive income rather than active income, you don’t have to pay social security or FICA taxes on your rental income. If you’re employed, you’ll have to hand over 7.65% of each paycheck to FICA, while your employer also pays 7.65%. If you’re self-employed, it’s even worse — FICA will take a whopping 15.3% of your self-employed active income since you’ll have to pay both the employee’s share and the employer’s part. This is called self-employment tax, and it sucks.

Fortunately, Uncle Sam actually cuts us a break for once and considers rental income to be passive. This means it isn’t subject to payroll or self-employment taxes. Paying less in taxes is always great, but on large real estate deals, avoiding that 15.3% self-employment tax can result in significant savings!

Wrapping Things Up

Investing in real estate is a great way to diversify your income and secure yourself some long-term security. We’ve outlined four substantial tax benefits you can enjoy if you get into the game, but there are many more!

If you want to get started in the real estate investment game, we recommend consulting with a business attorney who specializes in real estate investments to make sure you’re taking advantage of all the tax benefits that you can.

Taxes For An LLC: How the IRS Sees Your Limited Liability Company

If you're a real estate investor, you should be aware of how the tax code and the way you structure your business will affect how much money Uncle Sam takes from your bank account.

For example, the IRS has a lot to say about your Limited Liability Company (LLC) and how taxes for an LLC are handled.

If you don't already have one, it's time to create an LLC. Not only does owning your properties and other investments through an LLC protect you from liability, but it can also save you some serious tax dollars if you make the right elections for your business.

Buckle up! It’s time to learn the basics of how the IRS sees your LLC and what the tax benefits of an LLC are.

What Is An LLC?

An LLC is a business structure that offers its owners limited liability from the business’s debts. That means if you are the owner of an LLC, your personal assets are protected from any debts or obligations incurred by the company. You and your LLC are considered to be separate legal entities.

This type of legal structure is helpful for real estate investors because it's cheaper and easier to create than other entities like a corporation but still offers the all-so-crucial protection from personal liability.

The people or entities that own an LLC are called its “members.” There is no maximum number of members an LLC can have, and most states will allow single-member LLCs, which have only one member, to be formed.

LLC Tax Classifications

For the purposes of taxes, LLCs are considered “pass-through” entities. This means that LLCs do not pay taxes. Instead, the LLC’s profits are reported on its members’ income taxes. However, depending on the number of members in the LLC and the tax elections chosen for the business, the IRS will treat an LLC as a corporation, partnership, or a disregarded entity.

Disregarded Entities

If you own a single-member LLC, the default tax status for your business is called a “disregarded entity,” which means that the IRS ignores your LLC entirely and just considers its profits to be your personal income. This is the same way that the IRS taxes sole proprietorships. When you file your federal income tax return, you will also need to submit a Schedule C form, which details the profit or loss from a sole proprietorship.

Many states also allow LLCs to be treated as a disregarded entity when the LLC is solely owned by a married couple. However, if you form a married-couple LLC in a community property state, it will be taxed like a multi-member LLC, so it’s crucial that you do your homework before making any decisions.

Partnerships

The IRS will automatically tax multi-member LLCs like a partnership, which means that each member will receive a Schedule K-1 and include their portion of the LLC’s profits as taxable income on their personal income taxes. When LLCs are taxed as partnerships, each member must also include a completed Form 1065 for partnership taxation with their tax returns.

Corporations

Although the default tax classification for an LLC is either a disregarded entity or a partnership, members of an LLC may choose to be taxed as a corporation by submitting Form 8832 (Entity Classification Election) to the IRS. For tax purposes, there are two varieties of corporations- S-Corporations and C-Corporations.

Like LLCs, S-Corps are pass-through entities, where corporate income, losses, deductions, and credits are passed through to the business’s shareholders for federal tax purposes. With C-Corps, on the other hand, the business itself is taxed, and then each shareholder is taxed again on their earnings when they pay personal income taxes.

C-Corps are generally not the best choice for an individual real estate investor, but, in some situations, an S-Corp can save you a significant amount of moolah on single-member LLC self-employment tax.

While you must pay yourself a reasonable salary from the LLC’s profits, you can receive any income your business makes on top of your salary as a shareholder distribution instead of in a paycheck. Because the IRS considers distributions to be “passive” income, you don’t have to pay self-employment/ payroll taxes on the money you receive as a shareholder distribution.

However, this move only pays off if your LLC makes enough income to support a reasonable salary for yourself on top of shareholder distributions. Generally, this threshold is around $75K annually for a single-member LLC, but this can vary depending on your particular circumstances.

What Is The Best Tax Classification For My Business?

Unfortunately, this is not a question that any blog or article can answer for you. Not even the all-mighty Google can give you advice on this issue. Because everyone’s circumstances are different, we strongly recommend that you meet with a business attorney or tax professional to discuss the tax classification that will save you the most money.

How Does A Reverse Mortgage Work?

Actor Tom Selleck (Magnum, P.I.) is the latest celebrity shilling for them on television.

Maybe you have an older family member or neighbor who has gotten a phone call from a financial institution offering them.

But what are reverse mortgages and how do they work?

If you are a senior homeowner with most of your net worth tied up in your home, these loans can sound pretty appealing. If you're a real estate investor, you may be wondering if you can use a reverse mortgage to your advantage.

In this article, we'll explain what a reverse mortgage is, the pros and cons this cashflow option can offer to some older Americans, and how you can decide if it's right for your financial strategy now or in the future.

what is a reverse mortgage hand holding coffeeWHAT IS A REVERSE MORTGAGE?

 A reverse mortgage is a type of federally insured loan available to Americans age 62 and over. It gets its name because it works in the opposite way as a standard home loan.

With a regular mortgage, the bank gives you a lump sum that you pay back with interest over a set period of time.

With a reverse mortgage, the lender makes payments to YOU based on the equity you have built in your home. You have the option of receiving monthly payments, a lump sum, a line of credit, or a combination of the different options.

 Over time, the amount you owe in interest and fees on the loan grows while your home equity declines. You retain the title to your home, and the balance isn't due until you or your heirs sell your home. 

WHO QUALIFIES FOR A REVERSE MORTGAGE?

Reverse mortgages are only available to a specific set of homeowners. In order to qualify for a reverse mortgage, you must: 

Reverse mortgage loan values may be influenced by the home's value, how much equity is in the house, and other factors. And older borrowers are eligible for greater total loan amounts because age directly correlates with limits. 

what is a reverse mortgage dog wearing glassesWHAT ARE THE ADVANTAGES OF A REVERSE MORTGAGE?

With life expectancy in the U.S. growing closer to 80 years, many Americans are outliving their personal retirement savings. As a result, they may be unprepared for the rising cost of living and the mounting medical expenses that often accompany aging.

Reverse mortgages are ideal for older homeowners who may not have much in the way of savings or investments but who have built up wealth in their homes. In other words, this type of loan allows you to turn an otherwise illiquid asset into a liquid asset without having to move out of your home.

Whether they're living with the results of an investment gone awry or the difficulties of a fixed income, any senior with cash flow issues may want to consider a reverse mortgage.

Here are some of the other attractive features of these home loans.

 FLEXIBLE LENDING OPTIONS

 This type of loan offers flexible disbursement options, meaning you can borrow only the amount you need. Investors may choose to accept the loan as a single lump sum, in monthly installments, or even as a line of credit. This amount of control the borrower has in this regard is greater than most loans.

 If your need is more about your long-term budget, try to put a number on what you need for, say, one year. This amount will help you and anyone helping with your financial planning determine what a conservative loan amount for you might be.

 MORE CASH ON HAND

 For some cash-strapped retirees, a reverse mortgage allows them to remain in their long-time homes without having to downsize. Some borrowers even use the proceeds of a reverse mortgage to pay off their existing home loan.

You can use the money from your reverse mortgage for any purpose, including:

 We'll discuss below why you'll need to account for reverse mortgages in your estate plan. However, if you just want to live out your golden years comfortably, you can do so and even plan to pay off your mortgage at the same time.

Lock In the Value Of Your Home

If we've learned anything about the economy in recent years, it's that anything can happen. If for whatever reason, the value of your home ends up being less than the amount owed on the reverse mortgage, you are protected. In practical terms, that means, if home prices fall in your area, you or your heirs won't have to worry about paying the balance. 

INTEREST LIMITS

 The reverse mortgage has an interesting set of rules regarding interest. On the plus side, you're not charged interest while you continue to live in the reverse-mortgaged home as your primary residence. Interest is also capped on the first $100,000 worth of debt.

NO TAX LIABILITY

 The IRS considers the funds you receive from a reverse mortgage as a loan advance rather than income. That distinction means the money is not taxed, unlike other retirement income from distributions from a 401(k) or an IRA.

what is a reverse mortgage chess setWHAT ARE THE DISADVANTAGES OF REVERSE MORTGAGES?

A reverse mortgage isn't for everyone. There are some risks to this type of loan that you should carefully consider.

Here are some of the potential downsides of taking out a reverse mortgage.

DECEPTIVE OR INFLEXIBLE TERMS

 Although we have come a long way since the unscrupulous practices by some lenders in the 1990s and early 2000s, not all reverse mortgage providers are ethical. Some will assume you won't do your due diligence and will take advantage of you.

 Carefully vet a financial company before considering a loan, and have someone you trust to read the fine print. This person could be a CPA, financial planner, family member working in the industry, or even another investor you know who's successfully used a reverse mortgage and knows what to look for in a loan agreement.

 You're examining the documents for any terms that the sales reps haven't disclosed. Any added terms should serve as red flags that you need to shop around with other lenders.

 Also, be on the lookout for inflexibilities. For instance, reverse mortgages are often challenging to refinance. Ask your salesperson about your refinancing options, and then be sure to see how these claims compare with the written agreement. Any time a salesperson's word vastly differs from a written offer, it may be time to walk away.

Here are some tips for avoiding reverse mortgage scams from the FBI and the U.S. Department of Housing and Urban Development (HUD):

 REVERSE MORTGAGES ARE NOT FREE

 Some of the unscrupulous ads of the past have promoted reverse mortgages as a means to get free access to your own money. These loans do have the following costs associated with them: 

You may have the option of rolling some or all of these fees into your loan balance, but, of course, if you choose to do that, you'll receive less money.

YOUR LOAN MAY BECOME YOUR FAMILY'S DEBT

If you fail to make an estate plan or somehow account for a way to pay your debt after your death, your reverse mortgage may be subject to probate. Probate can take time and cost money, and in the meantime, your heirs do not have access to your estate.

If you die with debt, the debt gets passed on, just like your assets and earnings do. You can offset this downside of a reverse mortgage in two ways:

Our suggestion is to take care of this critical detail immediately after seeking the loan. You may pay it off during your lifetime or pre-arrange for your estate to make payments. However, interest is likely to increase if you delay, and your beneficiaries must pay off the debt.

ASSETS ENCUMBERED BY DEBT CAN'T PASS TO HEIRS

Let's say you take out a substantial loan against your home's equity. If you pass away before making payment or fail to update your estate plan, your heirs may be unable to inherit the home until the loan is paid off in full. If you lack the funds in your estate, that could mean one less asset for your heirs. 

Also, it's important to remember that a reverse mortgage diminishes the equity you have in your home. By the time the loan needs to be paid off, there may much equity left for your heirs to inherit. 

Difficulty SECURING OTHER LOANS

A reverse mortgage is relatively easy to obtain if you meet the qualifications, but it doesn't necessarily "look good" to traditional hard lenders. Some seniors who take out reverse mortgages may find it difficult to secure additional lending elsewhere. This factor can be problematic for investors who rely on good terms to make their deals profitable. 

This type of loan also could limit your ability to qualify for other need-based government programs such as Medicaid or Supplemental Security Income (SSI).  

SHOULD YOU GET A REVERSE MORTGAGE?

If, after weighing the pros and cons of a reverse mortgage, you're still unsure if it is right for you, here are some factors to consider. A reverse mortgage could be a good option for you if:

As with taking on any form of debt, you should take your time deciding on a reverse mortgage. Although it is a relatively easy way to boost your cash flow in the short term, it could put your finances at risk down the road.

Make sure you fully understand the pros and cons of reverse mortgages and enlist the help of professionals to help you make the judgment call. Even a close network of fellow homeowners and savvy borrowers with experience in reverse mortgages can be a valuable source of information.

Learn everything you can about these financial tools, shop smart for a lender, read the written loan terms carefully, and be sure to ask plenty of questions. If a reverse mortgage doesn't feel like it's for you, you can always explore other financial options.

 

 

Lawsuits Are A Plague On Small Businesses—Here’s What You Can Do

Small business owners take a lot of risks to be successful. Nothing ventured, nothing gained, right?

But risks can create stress. Dealing with difficult customers, and worrying about employees all contribute to the headaches. Even a self-employed real estate investor who doesn't have "customers" or "employees" has a ton of problems to keep him or her awake at night.

The threat of litigation is another major concern for business owners. About three-quarters of all owners worry about this on a daily basis.

Lawsuits Are The Scourge of the Small Business Community

Over half of all civil lawsuits involve small businesses. A company with $1 million in earnings wastes about $20,000 per year on lawsuits. In sum, small businesses pay $20 million of their own money to settle tort liability claims or satisfy jury awards.

While major corporations have the resources to devote to both the time and costs of lawsuits, as an owner of a small real estate investment business, you do not. Therefore, you must protect your assets and give potential plaintiffs no incentive to sue you.

Insurance Is Not the Answer

Most diligent business owners turn to general liability insurance and similar coverages to protect their assets. While well-intentioned and a necessary step for any company, small business insurance is not enough. That’s because insurance companies are businesses as well. They readily accept your premiums and may even be helpful for minor issues like a slip-and-fall case.

But things turn sour when you file a big claim. You may get dropped and have to go through the hassle of suing the insurance provider to honor your claim. Instead of helping, the insurer will blame you or manufacture exceptions to your policy that void the claim.

Protecting Your Small Business Assets

So you can’t rely on insurance when you face a major lawsuit targeting your real estate assets. Instead, you must rely on another asset protection strategy. This involves two components—anonymity and series LLCs.

Anonymity

The prospect of lucrative settlements or significant jury awards drives lawsuits. In other words, a small real estate investment business must have substantial assets to be worth suing. If you can hide your assets from plaintiff lawyers, you take away their incentive to sue.

The way to hide assets is through anonymous trusts. These own your real estate properties instead of you.

Here’s how they work. You have real estate investments. Each piece of property is owned by an anonymous trust, and the business holding entity is an LLC. This makes it difficult for a plaintiff’s attorney to trace the property back to you. That’s because when the LLC is filed, the anonymous trust is listed as its member. 

When the plaintiff’s attorney researches county records to find the owner of your property, they will simply see the trust listed as the owner. However, trusts are private documents not filed with the state or county. Therefore, the lawyer runs into a brick wall.

Series LLCs

This structure is a great way to protect real estate assets. It works like this. Assume you own three properties in a city, located at:

You create a parent LLC, called the series LLC. Then you form a separate LLC for each piece of property. For the three properties here, you would have the parent LLC and three subordinate LLCs. One owns the 100 North St. property, another the 100 South Blvd. property, and the third owns the 100 East Rd. asset.

This structure has several advantages. The main one is that if a plaintiff’s lawyer wants to file a lawsuit against you for something that happened at the 100 North St. property, they will face two major hurdles. First, because of the anonymous trust, they will have a hard time pinning down the actual owner. Second, the only asset impacted by the lawsuit is the 100 North St. property. The other two properties, at 100 South Blvd. and 100 East Rd., are untouchable. So are all your other business assets unrelated to these properties.

In addition to making suing difficult and unproductive for plaintiffs’ lawyers, series LLCs have several other advantages:

The Series LLC Experts

The attorneys at Royal Legal Solutions focus on protecting our small business clients’ real estate investments and minimizing taxation. Part of this protection may involve the use of anonymous trusts and series LLCs. With this asset protection strategy, you can stop worrying so much about lawsuits and concentrate your time on real estate investments.

 

How to Calculate Cash-on-Cash Return (And When To Ignore It)

In this article, we’ll teach you how to calculate cash-on-cash return—and why it’s one of the most important calculations for real estate investors.

Much of the real estate industry, including investors and agents, use this formula (sometimes called the equity dividend rate) as a quick way to analyze an investment’s cash flow.

More specifically, it calculates a percentage value based on how much money you’re making (or going to make) divided by how much money it takes to acquire the property.

We’ll go over what the metric tells you, as well as what it doesn’t tell you. It’s just as important to know when not to use this metric, because you don’t want it to influence you to make a deal that, upon more extensive review, actually isn’t that great. And, the next time a realtor tries to sell you on a property that has a “fantastic” cash-on-cash return, you’ll be better equipped to determine whether or not it’s as good as it sounds.

This should be one tool in a toolbox of other important metrics and formulas that you consider when looking at a deal. It shouldn’t be the only tool.

With that said, let’s get started.

cash on cash return: rocket shipHow to Calculate Cash-on-Cash Return

Cash-on-cash is a simple formula: income earned divided by cash invested. It’s a pre-tax figure that takes place over the course of a year.

The easiest way to explain it is probably through an example. 

Let’s say you buy a single-family rental property for $300,000. You put $60,000 down and the seller covers closing costs. The property has a tenant inside who’s renting the place for $2550/month. After factoring in all of your expenses (mortgage, maintenance, insurance, etc), you find out the property generates about $300 per month in positive cash flow. 

You also need to factor in vacancies and subtract that from the total cash flow. For the purposes of this short example, let’s assume that this property is located in an in-demand area and the tenant has no plans on leaving any time soon. For reference, though, the average vacancy rate is about 6.8%. It’s up to you to know what it is in your market area. 

So, to find out the cash-on-cash return, you’d take the income earned, $3600* and divide it by the cash invested, $60,000.

The result is 0.06, or 6%. You could also use a cash-on-cash return calculator, to make it easy.

All in all, the formula (or formulas, for each variable)  looks like this: Annual Pre-Tax Cash Flow / Total Cash Invested

Annual Pre-Tax Cash Flow = (Gross Rent + Other Income (think parking spaces, pet fees)) - (Expenses + Vacancies + Mortgage Payments)

*It’s a yearly figure. The property generates $300/month, so you multiply $300 by 12 to get $3600.

What Does Cash-on-Cash Return Tell You?

So, what does 6% even mean, then? Is it good or bad? Should you invest or skip out?

Compare Different Investments

Cash-on-cash returns give you a fairly easy way to compare different investments, as long as you know how much income they generate and how much they cost to maintain. For example, let’s say you find another tenant-occupied property that’s selling for $190,000 and generates $205/month in cash flow. On the surface, it doesn’t seem like it would be very easy to compare the two. Your gut might tell you that the less expensive property is the better investment, or your gut might tell you that the property that generates the most income is the best investment.

What’s worse is that, in the real world, there are more than just two properties that look like this (and a lot of them don’t cash flow).

So, let’s calculate the return of the second property. In order to purchase the rental, you put 20% down. In this case, that’s $38,000. After closing costs, you end up paying $42,000.

The result is .058, or 5.8%. That means this property, according to this formula, is a slightly worse investment than our first example.

Play Around with Leverage

But what if you only had to put 10% down? And let’s imagine you get a good deal on private mortgage insurance so it only costs $50/month. Your annual pre-tax cash flow is $155/month or $1,860/year. After closing costs, you spend $23,000 to acquire the property.

So, annual pre-tax cash flow ($1,860) divided by total cash invested ($23,000) gives you 0.08, or 8%. Using leverage, you completely changed the numbers.

This way, you can easily compare different investments -- even if changing one factor might change a lot of factors. Maybe you’re looking at investing in a REIT that’s projected to grow at 10% annually -- you might skip out on the rental property entirely.

What Does Cash-on-Cash Return NOT Tell You?

No Equity

One thing you may have noticed, though, is that in our examples above, the tenant covered 100% of the mortgage payments. This formula ignores the fact that every time you make a mortgage payment you’re building equity. Instead, we’re only looking at how much money you have in your hands at the end of twelve months.

If we go back to our first example, with the tenant paying off a $300k property, the equity alone is desirable for many real estate investors.

No Taxes

Furthermore, taxes can completely throw off a deal. What if the taxes for the $300k property are the same as the taxes for the $190k property? If you’re just looking at this one metric, you’ll completely ignore that important variable.

No Risk Adjustment (Leverage Looks Great)

Finally, what if you could buy a $200k property that generates $1,000 in annual cash flow by only putting 3.5% down (with the seller covering closing costs)? Total cash invested is a whopping $7,000, and your cash-on-cash return is 14.2%.

Buy, buy, buy! Right?

What if you got such a great deal on that property because it’s a waterfront that’s expected to be literally underwater in five years?

This formula makes leverage look fantastic. You might as well go out and scoop up as many rental properties as you can for as little money down as possible—but anyone who has watched some investors’ entire fortunes get wiped away by a downturn or some other unexpected event knows otherwise.

Conclusion

Cash-on-cash return, or equity dividend rate, is pre-tax cash flow divided by total cash invested. It tells you how much money you have in your hands at the end of the year.

It’s an easy way to compare different investments, particularly different rental properties and commercial real estate investments—and even stocks and bonds.

It isn’t perfect, though. The formula ignores equity, doesn’t take taxes into account, and makes leverage look greater than it is.

Make sure that, when you’re using this formula, it isn’t the only formula you’re relying upon.

Selling a Rental Property: 3 Things You Need to Know

Thinking about selling a rental property? There are a few things you should know before you do. 

For one, the capital gains tax on a rental property is much steeper than it is on a primary residence. 

Also, when it comes to a tenant-occupied property, the process is a little more complicated. Your tenant, after all, still has leasehold rights. 

Finally, "as-is" clauses can protect you from a slew of costly lawsuits.

Now that you've gotten the "tldr" version, let's take a deeper dive ...

Capital Gains Tax: What to Expect

When you sell your property for a profit, you owe capital gains tax. The 2020 capital gains tax rates are as follows:

So, most of the time, you’ll end up paying at least 15-20% for capital gains tax. You’ll also have to pay capital gains tax on the amount that you claimed in depreciation over the course of your ownership of the property. If you claimed over $25,000 in depreciation, and you sold the house for $75,000 more than what you bought it for, then you’ll have $100,000 of total taxable capital gains.

If you just want the money, you’re going to have to pay the tax-man. However, if you’re looking to re-invest, there’s a strategy to avoid the capital gains tax.

Invest in Like-Kind Property

One way to get around the tax bill is to immediately re-invest the money into like-kind property, also known as a 1031 exchange. As long as you choose a new property in 45 days and close the sale within 6 months, the IRS allows you to keep the money you made in escrow, deferring capital gains, until you put that money into a new property.

You could do 1031 exchange after 1031 exchange, never having to pay for capital gains, as long as you hold the properties for longer than 2 years to avoid triggering “dealer status,” according to the IRS.

However, if you realize that you don’t want to be a landlord or you’re trying to raise money for another venture, you’re just going to have to pay the taxman.

Incorporate Your Real Estate Investments

Another way to avoid a sizable tax bill (albeit not entirely, of course) is to incorporate. You might have less access to the gains, but the savings on your tax bill will likely make this a desirable option regardless. There are some serious tax benefits to using an LLC structure. You might want to discuss the details with a qualified CPA.

Incorporating also helps you protect your assets from any liability issues, as well as protecting your anonymity.

How to Sell a Rental Property with Tenants Still Living There

What if you’re selling a rental property but there’s still a tenant living on premises?

The exact laws might depend upon your state, so check the Landlord-Tenant laws wherever the property resides, but you generally have a few options:

The easiest option, by far, is to wait for the lease to expire. You might want to check the lease for an early termination clause. That way, if you can prove that you absolutely need to sell, you might be able to break the lease.

Additionally, you could try to incentivize your tenant to move by offering them cash to cover the cost of moving. This is only a good option if you know that your property is going to sell for much more than you bought it for. If you’re cutting it close, you don’t want to cut it even closer by having to pay to get a tenant to move.

And, finally, you could try to find another real estate investor interested in buying a tenant-occupied property. The downside here is that your property is much less marketable. There’s a wider swathe of possible buyers for single-family homes, but a much narrower market for rentals.

As-Is Clauses Can Protect You From Costly Lawsuits

What is an as-is clause? An as-is clause is a condition clause: the buyer is purchasing the property “as-is.”

It typically states that “the buyer accepts the item for sale in its presently existing condition without modification or repair.” Without it, the buyer is relying upon the seller’s representation of the property. In some cases, that gives the buyer solid footing for a lawsuit.

Now, that doesn’t mean that the seller can engage in any knowingly misleading behavior, or attempt to hide a defect in the property, but it does provide additional coverage in case there are any disagreements. Sometimes there are issues with the property that the seller doesn’t even know about, but that won’t stop some buyers from filing a lawsuit.

To avoid the worst-case scenario, include an “as-is clause” in the sales contract when you’re selling your rental property.

Conclusion: What To Know When Selling A Rental Property

When it comes to selling a rental property, there are three things you need to know: 

1) The capital gains tax for rental properties is not the same as for primary residences, and it can take a serious chunk out of your potential profits. You might be able to avoid capital gains tax (or minimize it) in one of two ways. First, you could do a 1031 exchange. Next, you could incorporate to see if you can take advantage of certain tax benefits.

2) Selling a property with tenants still there is not an easy task.

3) When you do sell your property, make sure to include an “as-is clause” to avoid the potential for certain lawsuits. Interested in learning more? Read our article “The Rental Property Asset Protection Checklist.”

 

Forecasting Rental Cash Flow Returns The Right Way

One of the best ways to build wealth is with rental properties. And one of the first things new real estate investors need to learn about is how to calculate rental property cash flow. Running a profitable investing business depends on it.

In fact, I can spot a new investor a mile away. These guys think cash flow is simply “income after expenses.”

They'll say something like "My mortgage is $1,500 per month and the rent is $1,100, so I'm going to be making $400 every month.” 

Sadly, this investor is about to lose money. There are a lot of unforeseen expenses they aren’t thinking about.

Let’s take a closer look.

What is Cash Flow, Exactly?

Cash flow is used to figure out just how much income rental real estate such as apartments, duplexes, or commercial buildings can generate. A property can have either positive cash flow or negative cash flow. Positive cash flow, in case you haven’t guessed, comes with more income than expenses. That’s what we want.

Boosting the cash flow of a property could make your business sustainable in the long term. You want a strong return on investment (ROI), but is that the same thing? Not really: Cash flow measures how much cash an investment property will actually generate, whereas ROI measures total value over time.

Ok. So why do so many investors get the cash flow forecasts for their properties wrong?

4 Factors That Make Up The Flow

Long-term expenses make up the true cash flow return, and these expenses differ based on the property type. They aren’t the same every week and every month and every year. That’s why it’s important that you can calculate the average.

To calculate what it will cost your company to maintain a specific property, you need an accurate, long-term record of what has been spent on repairs, vacancy rates, property management services, and property insurance.

Repairs. In one month you may not have any repair costs. Does that mean your repair costs over three years will be zero? Of course not. You have to budget for those inevitable nuisances like broken circuit breakers or crappy old toilets. 

cash flow

Don't go "low flow" with your "cash flow."

Vacancy Rates. What’s the worst thing about a great tenant? They can’t live there forever, that’s what! When they vacate your rental, you need to make some changes to keep it attractive for new tenants. It may take time for you to market the property for prospective new renters. This process includes making repairs, screening tenants, and getting them signed. For a normal market, your vacancy rate can sit at 8 percent.

 

Property Management. Even if you claim to be a jack of all trades, managing your property all by yourself may be difficult. Budget for property management. Property managers charge for screening and signing a lease agreement with new tenants. However, you should pay yourself if you insist on managing your property yourself. Saving money is an admirable goal, but remember—this job is a lot harder than looks.

Property Insurance. Connect with an insurance company to rates for properties in your market. There are all kinds of ways to insure your rental units; for example, "rent default insurance” is used to protect against late rent. If your tenant stops, insurance pays for it. That’s a great example of optional insurance that will affect your cash flow forecast.

Using the “50 Percent Rule.” The “50 Percent Rule” says that landlords should expect operating expenses to be 50 percent of gross income. This rule can help you figure out how profitable your rental property will be. NOTE: Mortgage or loan payments are not part of these expenses; they come out of the other half. (See how you can get in trouble by not estimating your costs up front?) 

Get Organized!

Learn how to accurately forecast both your expenses and your revenue before you get into the rentals game and you'll save yourself a lot of headaches. The best way to monitor cash flow is to prepare a cash flow report. 

With this report, you are able to see the cash you received and cash paid out at the end of every month. Tracking on a weekly or daily basis may be a good idea depending on the size of your portfolio (assuming you have a knack for spreadsheets!). If you’re buying a property, try to get this information—in as much detail as possible—from the previous owner.

In fact, if they CAN’T provide it, that’s a red flag.

Proper cash flow forecasting matters for every rental property investor. You should know how to measure the rate of return for your property. Investing in properties with positive cash flow is the key to your success as an investor.

Ready to learn more? Check out The Rental Property Asset Protection Checklist.