Shades of Gray in 1031 Flips

1031 Exchange

Forget cooking shows, America’s newest reality show obsession is watching real estate shows such as Flip This House, Flip or Flop, and Rehab Addict. Seeing how a house is bought at a bargain price, quickly transformed and sold for large profits can be scintillating. In fact, it can entice many to try their hand at flipping properties. A big question often encountered is whether profits earned from a flipped property can be used, tax deferred, to purchase the next fixer-upper by structuring the purchase as a 1031 Exchange?

To qualify for tax deferral under section 1031, the property must be “held for” investment or to own the property for the taxpayer’s trade or business (“a qualifying purpose”). This “held for” requirement is not purely black and white. Rather it contains shades of gray.

To help understand the “held for” requirement, the two words “principal intent” are crucial. If the property was acquired with the principal intent to sell, like most flipped properties are, then the property is considered to be inventory and will not be eligible for tax-deferral under section 1031. The goal for most people acquiring property to rehab and thus intent, is for a quick sale and profit, not for an investment or business purpose. Therefore, instead of being able to use all of their profits, tax-deferred to purchase the next property, profits will be taxed as ordinary income.

However if somebody buys a property to fix up to rent, then the principal intent is to own the property for trade or business – the business of renting. This qualifies as a proper use for section 1031 purposes. Likewise, if they acquire vacant land with the intent to hold the property for future appreciation, this qualifies as an investment use for 1031 purposes.

There are other important factors considered by the courts. These can include length of time before selling, why the property was purchased, how the property was used, what improvements were made to the property, the taxpayer’s ordinary business and number of prior sales (are their actions consistent with investing or selling inventory), and how the property was being used when sold. There is no one single factor that will prevail. Rather, courts tend to look at all of the facts to determine whether the taxpayer held the property for a qualifying purpose.

Flips can be lucrative and create a reward of a quick profit. However with most flips, you will be paying taxes at ordinary income tax rates. If your intent is for business or investment and you meet certain criteria, then your property may qualify for 1031 treatment. In areas of gray, consider the benefits of a 1031 compared to the potential costs of an IRS audit, interest and penalties compared to paying taxes due. Talk to your tax or legal advisor to review your individual circumstances.

By Investment Property Exchange Services Inc.

If you are interested in learning more about 1031 Exchange, please contact me and I will introduce you to our 1031 exchange expert.

Banks Sweeten Jumbo Terms to Woo Borrowers – Wall Street Journal

Jumbo Loans Info by WSJ

The secondary market for jumbo mortgages—in which banks bundle and sell their mortgages as consolidated debt to investors—is doing worse than a year ago. But that may be good for borrowers, at least for now.

Only 2.3% of all jumbo mortgages originated in the first half of 2014 have been securitized, according to Inside Mortgage Finance, an industry newsletter. That’s a drop in the bucket compared with the peak of 49.3% in 2005.

Now, instead of selling mortgages on the secondary market, large lenders are keeping them on their books and reaping the profits themselves. What’s more, lenders that don’t want to hold on to their mortgages are finding national and regional banks are eager to buy them, says Mathew Carson, a broker with First Capital Group in San Francisco.

In essence, one secondary market was replaced by another, says Guy Cecala, CEO and publisher of Inside Mortgage Finance. “The case could be made that borrowers are better off without a mortgage-backed securities program than they were before,” he says.

Lender enthusiasm for jumbos—loans that exceed $417,000 in most places and $625,500 in high-price areas—means that borrowers are sometimes offered lower interest rates than they’d get with a government-backed conventional loan, says Cameron Findlay, chief economist for Discover Home Loans. Because they can keep the loans in their portfolio, jumbo lenders may have more flexibility with qualification standards, so high-dollar borrowers may get slightly better terms on down-payment minimums and debt-to-income ratio requirements.

Still, underwriting standards are tighter than they were before the real-estate meltdown. So jumbos are seen as a safe investment from the lenders’ perspective, says Tom Wind, executive vice president of home lending at EverBank. EVER -1.16% The Jacksonville, Fla.-based national bank both holds jumbo mortgages and purchases them from smaller banks that don’t have sufficient dollar amounts in their balance sheets to retain all their loans, he adds.

“We like the return on the asset, and then the client relationship is an added benefit,” Mr. Wind says. In other words, EverBank can now offer other banking services to a wealthy borrower, he adds.

Low interest rates that banks pay on deposits have translated into cheap money that can be funneled into jumbos with attractive returns, Mr. Findlay says. Savings accounts pay average annual yields under 1%. By comparison, banks can earn an average 4.14% on a 30-year fixed-rate jumbo mortgage and 3.03% on a five-year, adjustable-rate jumbo mortgage, according to mortgage-information site HSH.com as of Sept. 5.

Nevertheless, a healthy secondary market will be necessary to sustain jumbo lending in the long run, especially as interest rates go up, the housing market fully recovers and the mortgage market grows to more normal dollar volume, Mr. Cecala says.

The jumbo market right now is much smaller than pre-recession, he adds. Jumbo mortgage dollar volume was just $103 billion in the first six months of 2014, compared with $332 billion in the first six months of 2003, the biggest mortgage lending year on record, according to Inside Mortgage Finance.

Redwood Trust Inc. RWT -1.15% currently is the largest in the jumbo-backed securities market. Other investors include Credit Suisse, CSGN.VX -0.67% J.P. Morgan Chase JPM +0.60% & Co. and PennyMac Mortgage Investment Trust. PMT -0.23%

Here are a few more considerations for jumbo borrowers:

• Tight credit qualifications will continue. Borrowers, especially those in heated housing markets like San Francisco, should consider getting their mortgage not just preapproved but pre-underwritten by a lender to prevent a home-purchase deal from being lost due to documentation delays, Mr. Carson says.

• Fewer long-term options. If the secondary market continues to recede, borrowers may have fewer options for 30-year, fixed-rate mortgages. That’s because banks are less inclined to hold less lucrative long-term loans on their books, “If there wasn’t a secondary market, we wouldn’t do 30-year, fixed-rate mortgages, says Dameon Everhart, secondary marketing manager for First Century Bank, a national lender based in Gainesville, Ga.

• Tight rules may further suppress the secondary market.Strict Consumer Finance Protection Bureau regulations that took effect in early 2014 have hampered investor enthusiasm for securitized loans, says Keith Gumbinger, HSH vice president. In a letter to the U.S. Treasury Department, the National Association of Realtors, a real-estate trade group, suggested ways to bring more private capital back into the secondary market. One recommendation was for a government guarantee of jumbo mortgage securities.

The Wall Street Journal

No More Climbing Stairs

1445 Marcello Dr San Jose CA-Living Room1445 Marcello Dr San Jose CA Modern Kitchen

I have sold many beautiful modern town houses and condos. The one comment I keep getting from buyers is: “I like it but there are too many stairs to climb”.  Many buyers have to give up the house they like because they do not want to or cannot climb that many stairs everyday, especially when you have kid in your arm or grocery in your hand.

After being asked many times when you will have one that does not have that many stairs, I would like to present this one at 1445 Marcello Dr in the popular Toll Brother’s high end complex Villas at Lundy in North Valley San Jose. It has two suites, dining area, kitchen all in one level and very very few stairs.

It has a kitchen island of the size you only find in large single family house. The hardwood floor the owner carefully selected to match the style and color of the kitchen cabinet has beautiful color and texture. The luxurious master bathroom is the signature of Toll Brother’s high-end building. The master suite and the guest suite are privately located on the most left and right side of the unit.

With a listing price of $592,000, a super convenient prime location and many amenities in the complex, it is the one you do not want to miss.

For seeing the house in person, please come by during our open house this coming Saturday or Sunday from 1 to 5 pm

 

All information deemed reliable but not guaranteed. The design of this website & its contents are protected by copyright. Unauthorized reproduction is prohibited.