Terminology for the Real Estate Investor – Pre-Approval Letter to Townhouse
When buying or selling a property, it always helps to have a basic understanding of real estate terms. In this on going series of articles, we take a look at definitions starting with “Pre-Approval Letter.”
1) Pre-Approval Lender Letter – a writing from a lender stating that a potential buyer has approval to borrow a stated amount of money from his firm based on having documented all the personal information needed. Final approval is subject only to the lender’s receiving a copy of a contract to purchase real estate, a satisfactory appraisal of that real estate, and its underwriting department’s review of all pertinent information. In other words, the buyer qualifies so long as the property does and no changes occur.
2) Pre-Qualification Lender Letter – a writing from a lender stating that a potential buyer is able to get a loan in a named amount. It typically states the price of real property to be purchased, and what information the lender had when forming his opinion. When a lender has pulled a borrower’s credit file, his opinion is worth more than if he just based it on what the borrower told him.
3) Real Estate, or Real Property – ground, any plants growing in it, any minerals under it, and any buildings or other improvements built on it.
4) Septic System – a self contained means of disposing of sewerage which tends to intimidate city dwellers. The simple version is a holding tank in which enzyme and bacterial action decomposes the waste material and buried lines in a drainage field which uses soil to strain out what remains. This works very well in soil which percolates well (water drains through it quickly). More elaborate septic systems are often needed in areas with heavy, clay soil and in areas with a high water table. Some properties are totally unsuited for septic systems and cannot be built on until public sewer is available.
5) Title Insurance – insurance which will compensate the insured for the value of his ownership or collateral position in real property if a person not thought to be a current owner materializes as an owner. (I’ve seen this come into play when property was owned by many heirs a generation or two ago.)
6) Townhouse – A single family attached dwelling unit with common walls.
Well, as promised, it’s not a be-all, end-all, but we have covered lots of the important definitions and concepts needed to successfully handle your for sale by owner transaction. If I’ve missed something, don’t hesitate to visit our site to read more.
Tax Savings: Cost Segregation – Why isn’t my CPA already doing this?
Most commercial property owners, even those who use professional accountants, fail to take advantage of cost segregation, a tax mechanism that could generate substantial savings in federal income taxes.
While most accountants are familiar with the approach, many are hesitant to recommend it without a documented analysis of correct depreciation amounts. The numerous intricacies of IRS designated building components make it difficult for some accounting professionals to be cognizant of all applicable items on a specific property. CPAs recognize that in order for the client to fully benefit, it is usually necessary to seek a real estate specialist to provide an independent report supporting the owner’s depreciation schedule.
Although it is vastly under-utilized, cost segregation is no wildly speculative accounting tool. In fact, the American Institute of Certified Public Accountants’ National Journal of Accountancy has published numerous articles in support of cost segregation.
Cost segregation identifies applicable components and establishes the value and correct time line for depreciation. Under typical circumstances, depreciation is spread out over as long as 39 years. However, cost segregation applies depreciation to parts of the property in 5-,7- and 15-year increments. This acceleration in depreciation time reduces the income subject to federal taxes. This method does not dictate alternative minimum tax issues.
Professionals Prepare Detailed Reports
To perform a cost segregation analysis, initially the building’s cost basis for construction, renovation and repairs is reviewed. A technician goes on site to take detailed measurements and observe the quality and condition of the property. After the site visit, he or she calculates the value of the property using widely accepted pricing resources and local economic conditions.
A cost segregation study produces a professional document that is backed by careful research. The results are summarized in a detailed report, documenting the amount of 5-,7- and 15-year property that qualifies for short-life depreciation.
Real estate appraisers or engineering firms typically have the knowledge to perform the detailed cost segregation studies, frequently at the recommendation of the owner’s tax preparer. Preparing the study requires expertise in evaluating real estate and complete command of the regulations that detail these depreciation options. Internal Revenue Code regulations outline approximately 130 categories of property, which qualify for shorter lives.
Cost segregation regulations contain a lot of variables that are not necessarily intuitive. The 5-year property includes items such as carpet and vinyl flooring. Seven-year property may reflect signs and parking lot striping. Fifteen-year property encompasses paving and landscaping.
Many CPAs Do Recommend Cost Segregation
Most property owners instinctively believe their CPAs are performing cost segregation for them, but research has suggested that this tool is used only 5 to 10 percent of the time. CPAs and other tax preparers may not routinely perform the study because it involves real estate appraisal methodology and specialized knowledge outside the scope of a typical tax practice. Even though cost segregation may be unfamiliar territory to some accounting professionals, it is highly praised by many accountants. Recent changes in tax regulations make cost segregation more attractive and allow it to be implemented years after the completion of a real estate purchase.
How Does It Work?
Historically, most depreciation schedules are split between land and long-life property. Long-life property depreciates over 27.5 years for apartments and 39 years for most commercial properties. A cost segregation study can typically allocate 20 percent to 40 percent of the improvement basis to short-life categories, and sometimes more.
High-income owners typically pay a 35 percent federal tax rate on ordinary income and a 15 percent rate on capital gains. The mechanics of reporting the gain on a sale usually allocate most of the gain to capital gains, which is taxed at 15 percent.
A cost segregation study actually reduces the amount of long-life property, which is recaptured at 25 percent by allocating more of the basis to the 5-,7- and 15-year property. If cost segregation is utilized from inception until a gain on the property is recognized, it can reduce the federal tax rate from 35 percent to 15 percent for most investors. The exceptions are C corporations, which pay the same tax rate for either ordinary income or capital gains.
How Much Can It Save?
A recent client of the firm realized a payback ratio for the first year savings at 4:1 and the payback ratio for the first five years at 20:1.
Who Prepares Cost Segregation Studies Today?
Appraisal and engineering firms, Big Four firms and spin-offs of Big Four firms are the primary providers of cost segregation studies. Some accounting firms offer the service but frequently outsource the actual report preparation to an appraisal or engineering firm. With the introduction of new providers, the price gap has widened between very low cost analytical studies and much higher large firm rates.
Do All Properties Benefit From Cost Segregation?
Cost segregation is typically effective and financially feasible for properties that have an improvement basis of $500,000 or higher.
Properties with a great deal of site-improvement, including landscaping and parking, generate great results.
Cost segregation can be performed for properties anywhere in the United States. It is effective for apartments, office, retail, industrial, self-storage and many special use properties.
When Should You Obtain A Cost Segregation Report?
It typically makes sense to obtain a cost segregation report the year a property is purchased or built. Property owners who purchased or constructed property after 1986 can often benefit substantially by re-couping previously under-reported depreciation without filing amended tax returns.
Commercial Real Estate Savings
For small companies, an office is an overhead that many feel they can do without, at least when starting up, but as a business grows and takes on staff, an office becomes an essential.
Even before that, there are many arguments in favour of a physical presence; an office can add credibility, and suggests permanence, that the company is going to be around in the future, perhaps particularly important for new companies.
But how much space should you rent or buy? Obviously this will depend on the employees that you expect to be working there, but you will need to factor in growth plans, whether you require an open plan working environment (allow 75-100 sq ft for each person) or individual offices (about 175 sq.ft) and meeting areas (215 sq.ft will accommodate a table and chairs for about six to eight people).
An alternative, particularly if your growth is uncertain is a serviced office, where you rent space by the number of workstations you require and by the month. This may not only help with cash flow, but also allows a company to grow or contract in a fairly flexible manner. There are no capital outlay costs for furniture or telephone equipment, all of which are provided and if you need meeting space, you pay for it by the hour.
Additional services, such as secretarial assistance are also available as required and the telephone is answered by a dedicated receptionist and in your company’s name.
On a price per sq. ft basis, serviced offices are more expensive, but this additional cost is often outweighed by the fact you are paying for just the space your business needs.
Common Builder Blunders and How to Avoid Them
When it comes to building a house, there are dozens of opportunities for making mistakes or bad decisions. Not to worry, you’ve hired a reputable builder who knows what he’s doing; these mistakes shouldn’t be an issue. Maybe in a perfect world, but all builders can make errors. These may be as simple as locating a shower head too low, causing you to stoop ever time you have a shower, or inconveniently locating a toilet paper roll so that you have to reach. It’s not a huge issue, but over time it gets pretty annoying.
Here are a few of the more common builder errors to keep an eye out for.
Outside of the House
Air conditioners should be located on the east or north side of the home for maximum efficiency, but ensure they are not located close to bedrooms. Although the newer units are fairly quiet, you’ll still here the compressors when the unit is in use.
Driveways should be wide enough that you don’t have to step on the grass when you get out of the car. If you have a double car laneway, you should be able to park two cars, side by side, without dinging the doors. A single lane drive should be no less than 12 feet wide and a double-wide driveway should be 22 feet wide.
A covered porch is a simple improvement you’ll thank your builder for time and again. Especially the next time you’re standing in the rain with your arms full of groceries, and fumbling for your keys.
Outdoor faucets should be conveniently located at the front and rear of the house. Think of where your gardens and planters will be situated for handy hose access.
Exterior electrical outlets are not used that often, but when they are needed, you want them close by. You’ll want them at the front, back and possibly the side, depending on the type of exterior work you’ll be doing. It’s great to have outlets installed in your soffits for handy Christmas light plug-ins.
Indoors
Interior Electrical outlets can be a huge source of frustration if they aren’t conveniently located. You’ll want to ensure they’re installed in the walls directly behind end tables, next to beds or couches, or on top of a fireplace mantle. You may also want some floor outlets in a home office or coffee table situated in the middle of a room. My biggest source of frustration was not having an outlet in the island in my kitchen.
Traffic flow should be examined when you’re planning your floor layout. Ensure that areas designated as pathways, won’t be obstructed by furniture. Usually a 36 inch width is chosen for stairways, you’ll appreciate increasing this to 42 inches or more in width.
Spongy floors can be avoided if you request extra stiff floors. The average building code for floors is 1/360, ask your builder to upgrade to a 1/480 deflection design instead.
Trusses are probably one of the least concerns of most new home owners, but so important for future renovation possibilities. If you intend on creating added living space in an attic or above a garage, request that your builder install a truss that will allow for added headroom in these areas. Also, have him install a real staircase in these spaces, not a fold-up model.
Real Estate Investing Mistake Made in 2005
Over the past few years, real estate investors, hungry for break-even or positive cash flow rental properties, purchased income property out of state. California investors bought houses in Florida, Texas, and Oklahoma. Florida investors purchased houses in Louisiana. Texas investors purchased in Las Vegas. Many of these investors made millions of dollars because of the appreciation in hot markets.
On the other hand, in 2005, some beginning investors lost their hard-earned investment capital or only made a meager profit because they failed to do their homework on the out of state area’s real estate market and customs.
If you’re thinking about buying investment properties in a different state than you’re accustomed to, beware of these five surprises.
Surprise # 1 – ‘These (extra) costs are the norm in this state!’
Besides extra closing costs like pricey surveys, common in Florida but rare in California, other surprise costs included higher transfer fees and taxes. Property taxes in Florida cost much more for investors in Florida than in California. On the other side of the country, out of state investors were shocked by California’s state tax held in escrow: 3.8% of the property’s SALE’S price, no matter the actual profit made. In other words, an investor who made a quick profit of $20,000 on a fast flip could have more than the profit held until the next year’s income tax filing.
Surprise # 2 – ‘You can’t lease this property!’
New home developers and many Homeowners’ Associations (HOA)s prohibit property owners from leasing their properties. Some of these restrictions got passed, without the investor being notified, during the property purchase phase. You must read the fine print to see if any clauses prevent the rental of the property. Home builders, to keep the value of the neighborhood up, added restrictions requiring the purchaser to occupy the home as a primary or secondary residence.
Surprise # 3 – ‘This house will only rent for $750 per month, not $1200!’
This was one of the top mistakes made in 2005. Large real estate investing groups, selling out of state properties to local investors, inflated the rental income. Because so many houses were purchased in a limited area by investors, a rental glut lowered expected income. This created hardships for investors who suddenly had to pay out hundreds of dollars a month instead of reaping promised profits.
Surprise # 4 – ‘You can’t sell this house, now!’
Some investors who couldn’t rent the out of state property decided to sell because the values did rise significantly while the house was built or during the purchase time. However, many investors were stunned when they were told they couldn’t sell the property within the first year after purchase. Restrictions prohibiting real estate investors from quick-turning their properties is a trend that is growing increasingly popular with some developers.
Surprise # 5 – ‘Houses don’t appreciate 30% per year here!’
Perhaps you’ve attended or been invited to a high-power investment seminar that promotes out of state real estate investing. Some of these ‘investor clubs’ really are promoters who receive kick-backs in real estate commissions, property management fees, mortgage loan fees, and even fire insurance premiums. They tell stories of huge appreciation gains, which are probably true. However, not all areas enjoy significant appreciation–year after year.
Don’t make the costly mistake of not fully researching the complete market customs and restrictions in the area where you’re thinking about investing. If you can’t afford to go to check out the area in person, choose another area that you can visit.
Terminology for the Real Estate Investor – Home Inspection to Personal Property
When buying or selling a property, it always helps to have a basic understanding of real estate terms. In this on going series of articles, we take a look at definitions starting with “home inspection.”
1) Home Inspection – an inspection of the condition of a home. They are done item by item, from roof to foundation, and include looking closely at things like plumbing, heating, air conditioning, sinks, tubs, and faucets, and any appliances which convey. The general concept is that the home inspector is trained to spot problems that typical Susie and Sammy Homebuyer are likely to miss. They are not usually intended to bring up discussion about items Susie and Sammy can easily see for themselves like the color of the wall paint or what the carpets look like.
2) Home Warranty Policy – an insurance policy which pays for repairs to the working systems (heat, air conditioning, plumbing, etc.) and appliance repairs during the first year of home ownership. Details vary. Usually there is a deductible amount. They can be bought by the buyer or by the seller for the buyer.
3) Limited Power of Attorney – a writing which gives another person the legal ability to act for and sign papers for the buyer or seller in connection with the purchase and sale of a specific real property. (An example of this happened last summer when a friend of my son’s gave his wife a limited power of attorney to enable her to finalize the sale of their home after he left for Iraq with members of his National Guard unit. A happy postscript is that the young man has now returned home.)
4) Personal Property – appliances which are not built-in, play equipment which is not attached, furniture, plants in containers.
As you can image, there are many real estate terms for which you have a general understanding. In our next article, we continue with the terms starting with “Pre-Approval Lender Letters.”
Commercial Real Estate Misconceptions: You Mean Location, Location, Location Was a Lie?
Commercial real estate is a wonderful, exciting business that can offer a wealth of opportunity for those who look for it! Many people are often hesitant to enter such a market as commercial real estate for many different reasons. In fact, there are some major misconceptions about commercial real estate which I am going to address here.
Many people who hear about commercial real estate, but aren’t necessarily in the business, often use the expression “Location, location, location!” Many people associate this expression as the truth, that the three most important attributes about a property are “Location, location, location!”
I am here to tell you- this is absolutely not the case! Now, I am not going to say location is not important, but what if you have a beautiful location for a mountain resort, complete with snowy hills, a perfect location for a lodge, and beautiful mountain views? What you want to do to the property is improve it for a weekend getaway for romantic couples with a beautiful lodge, resort, luxury type housing, and perhaps some individual cottages overlooking the green forest. Sounds great, right?
The perfect location- you can’t beat it! But, you learn that the zoning for this property is residential, R1, to be exact. The use is only one single family residence per acre, and no commercial property allowed. What happened to your “Location, location, location?” It flew out the window!
The most important aspect of a property is the use. What is it intended for by designation of the city or county? It does not matter where the property is, if you cannot get the zoning that is in the realm of your intended use.
It is possible to get properties rezoned, especially as cities change and grow. Be sure to consult with the city or county to determine if these changes are even possible, because you do not want to buy a property that you cannot rezone, and be left with an unprofitable property on your hands.
Most people believe that commercial real estate is complicated and you need a special education or know how to succeed in the business. Many think that commercial real estate is filled with international finance, heavy and complicated math, complicated tax rules, and forms and applications that are just too complicated to understand correctly.
I am happy to tell you this misconception is the worst, because it puts a road block in front of many people’s aspirations to become a commercial real estate insider. Let me put this misconception to rest. There is math involved, and most of it is not at all complicated: simple ratios, adding, subtracting and multiplying. What is even better is you don’t have to do the math. There are others who can do that for you. The same is true with property management, inspecting the property, and doing the year-end tax report. In fact, commercial real estate is less complicated than residential real estate because you can focus your energies on a single deal that will be worth perhaps 10, 20, even 50 residential deals and more!
Let me put it into perspective for you. If you owned a business (many of you may), would you create strategies, keep the books, manage the many locations, sell on the front floor, and take out the trash after the day was over? I think not! Commercial real estate is made up of many people whom are there to help you with whatever you need. You must position yourself as a real estate insider, which is a leader in the business.
Another misconception is commercial real estate is management intensive, that you must manage every property you own. Let me tell you when you end up owning 10 or more properties, this is almost impossible to do! You do not have to actually manage your properties yourself, so you can concentrate on creating more deals. Hire a company or set a team in place to take care of this “day-to-day” business.
As you can see, what is passed around in dialogue about commercial real estate is not always true. Before you take everything to heart, be sure to get your facts straight. In fact, many people in this profession speak about commercial real estate as a business in which only the savvy and sophisticated can succeed. They often act this way because they want to keep people out of the market by differentiating themselves. If you were in this position, you would too!
Real Estate Investment – One Simple Formula
The ads in the small-town newspaper were always the same: A house for sale with 5% down and payments of 1% of the purchase price. It might be a three bedroom home for $90,000, for example, with $4,500 down and $900 per month payments.
Finally it was explained to me that it was a way to get a great return on capital. It was the opposite of buying with no money down. You bought for cash.
A Real Estate Investment Formula
It is simple, really. When you buy for cash, you often get a much better price. A house that needs a little work might be worth $75,000, for example. By offering $65,000 cash, you negotiate your way to a $68,000 purchase price. If not, you walk away – there are always others.
Then you put few thousand into high-return repairs and improvements. Paint, carpet, and maybe asphalt for the dirt driveway. For our example, we’ll say you put $5,000 into it.
Now it’s worth $85,000 perhaps, but you target those buyers who can’t get financing easily, and you finance it yourself. By making it easy for the buyer, you can get $90,000 for the home – and do it without paying an agent’s commission. Whatever the sales price, you let the buyer put 5% down, and make monthly payments of 1% of the purchase price. Of course, you get higher than market interest too.
The buyer is thrilled that they are buying instead of renting, and you get a capital gain of perhaps $14,000 after expenses, plus good interest. Your total rate of return is somewhere over 25%!
You can save money by doing your own foreclosures if they become necessary. After foreclosing, raise the price a bit and sell it all over again, of course. By the way, if you can get an average return of 18% on your money, you’ll turn $75,000 into more than one million dollars in about fifteen years.
Real Estate Investing Business: Learn To Expand Your Business Network
People just getting started in real estate investing notice at the very outset that having a network of fellow investors and a network of buyers can make their investment business flourish. Having a network of people to rely on can help you locate better properties and also to find out which investors will usually want to buy real estate from you. In fact, it is not all that hard to build up your own business network provided you know how to go about it.
As far as real estate investing goes, it is common knowledge that you won’t buy every property that comes your way. But when you check out different properties you will come into contact with others who have similar interests — giving you the basis for your business network. After you have made a few real estate investing deals you will also have come into contact with REO agents who may be holding bank properties that are in post-foreclosure — another source of contacts for your business network.
One last source we’d like to recommend for business networking is to attend seminars and go to classes that deal with real estate investing
If you follow these simple tips, you will find that your business network will expand considerably.
Appraisers lower costs for federal tax savings on small property depreciation
Tax savings through cost segregation is no longer out of reach for investors in small and medium size properties. With appraiser expertise, fees for analysis are often one-third to one-half lower than those charged by traditional preparers.
Several years ago a definitive court case ruled that tangible personal property included in an acquisition or in overall costs should be depreciated as personal property for asset recovery, using the old Investment Tax Credit principles to classify personal property.
This meant that owners of improved properties could distinguish between real property and personal property to depreciate component costs over varying useful lives. Basically, instead of depreciating an entire commercial property over 39 years, or residential property (single-family rentals or multifamily) over 27.5 years, certain components are correctly identified as depreciating in much less time. For about 135 items, useful life periods can be 5, 7 or 15 years. This is known as cost segregation.
The result of increasing depreciation is lower taxable income (which would have been taxed at 35%) and more income taxed at the capital gains rate (15%) when the property is sold. Furthermore, it works for any type of improved property.
Until recently, primarily large accounting firms or engineering firms implemented cost segregation studies, addressing large and newly built properties and sometimes outsourcing the analysis.
Prices for those analytical reports, usually in the $10,000 to $40,000 range, were out of reach for owners of small properties, especially those holding less-than-new assets. Unfortunately, those owners representing the largest segment of real estate investors in the country were mostly overlooked by previous providers of cost segregation services.
Now a revolutionary paradigm shift is opening the door to very significant savings for owners of small properties. Much of the change is based upon introducing the efficiencies of highly knowledgeable real estate appraisers who often apply industry-accepted cost estimation techniques before determining remaining asset life. By not “over-engineering” the staffing or production process, professional fees are lower. Yet, results can usually meet or exceed those of far more expensive reports. This approach has been successfully field-tested by IRS auditors.
Changes that appraisers are introducing to cost segregation analysis and reporting are addressing: 1) the size of the property being analyzed, 2) the age of the property, and 3) an affordable price point. O’Connor & Associates, a nationwide real estate service firm, is taking advantage of such techniques to effect these beneficial changes:
1. Owners of property with an improvement basis as low as $500,000 can benefit from cost segregation. This compares to the limited properties worth $5 to $10 million and above that previously benefited.
2. Existing properties built or purchased after 1986 offer significant savings in year-one of cost segregation, even without producing original cost documents. Capturing non-segregated depreciation from prior years is perfectly allowable by the IRS. This compares to firms previously applying the methodology only to new construction.
3. Fees are no longer prohibitive. To prepare an analysis and report for many small properties, prices are low enough to generate at least 3 times the report cost in the first year.
This compares to the traditional fees ranging from $10,000 to $20,000 and up for comparable size properties.
It is wise to keep the owner’s CPA or tax preparer abreast throughout the process. For older properties, the CPA may need to complete a Form 3115 to submit with the tax return so the owner can realize savings on items not previously depreciated – without filing an amended return.
Income producing properties worth as little as $500,000 can achieve a 3:1 payback ratio of tax savings over the modest price of a cost segregation report. If owned for 3 or more years, the typical payback ratio is 10:1.