Discussion:Purchasing Houses for resale

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Discussion Forum Index --> Tax Questions --> Purchasing Houses for resale

Gscarfino (talk|edits) said:

30 March 2007
I have a client who bought a house to fix up and resell in 2006, incurred expenses but the house was not sold until 2007. I thought this type of transaction usually would go on schedule D with all the remodeling expenses etc, added to the cost basis. But what about all the utilities, milleage etc that were incurred in 2006. Could he file schedule C so he can take advantage of some of those cost this year. And if so would the sale in 2007 go on schedule C as income or on schedule D. Please advise. Thanks, Gail

Solomon (talk|edits) said:

30 March 2007
Discussion:House Flipping - Business or Investment?

CPABOYD (talk|edits) said:

31 March 2007
HAD THIS ONCE BEFORE. IF HE ENTERS INTO THIS AS A BUSINESS, IT WOULD BE SCHED C. HE BENEFITS NOW WITH THE ONGOING BUSINESS DEDUCTIONS OF UTILITIES WHILE WORKING ON THE HOUSE, MILEAGE, ETC. BUT WILL GET KILLED WITH THE SE TAX IN THE YEAR HE SELLS THE HOUSE AT A PROFIT.

I ACCUMULATED EXPENSES AS PART OF THE BASIS PLUS IMPROVEMENTS FOR SCHED D. MILEAGE, ETC GETS TRICKY BUT DO SOME WORKSHEETS AND SEE HOW HE'S LOOKING AS A BUS VS INVESTMENT.

IF HE HAS MAIN JOB, THIS LOOKS MORE LIKE INVESTMENT. IF HE IS DOING IT FULL TIME, LOOKS MORE LIKE "FLIP THAT HOUSE" SCHEDULE C BUSINESS NAME.

I AM LOOKING FORWARD TO THE INPUT ON THIS ONE CPABOYD

Kevinh5 (talk|edits) said:

31 March 2007
Could you delete the last post in caps and re-post politely? It makes it difficult to read and most people won't respond to all caps. It is kind of like shouting. Thanks.

Gscarfino (talk|edits) said:

31 March 2007
Your caps are fine CPABOYD. I hadn't even noticed it was all caps until someone else brought it up.

But basically your are saying if I go the "D" route I can still add all the utilities and mileage etc., to the cost basis. For some reason I was thinking I could only do the actual cost of fixing it up.

Wwtaxes (talk|edits) said:

31 March 2007
There have been several discussions on this topic, including an old one:

http://www.taxalmanac.org/index.php/Discussion:Repairs_on_Investment_Property I am interested to see if anyone knows how to make the election to capitalize all costs that Blubby refers to in the above referenced discussion.

WillyB (talk|edits) said:

31 March 2007
Old subject, please use search tool.

Gscarfino (talk|edits) said:

2 April 2007
Thanks for the info on the prior discussions, but I didn't really find my answer there. My client is probably going to be a one time flip. His expenses were in 2006 the sale in 2007. What I want to know is what about the utilities, contract labor his mileage, etc. Can those cost be added to the cost basis if I wait until 2007 and use schedule D.

Thanks, Gail

Wwtaxes (talk|edits) said:

2 April 2007
Gscarfino - I can relate to your frustration. I have also searched extensively, this site and others, for similar information, and while I have found similar information, have not found what I am looking for. I'll tell you what I've found, but please understand that this is what I've found, and not necessarily the right answer.

As I understand your situation, you have a one time flip. According to the research I've done, most would consider this an investment and not a business, although one person warned that the difference is very tricky and you should seek a tax professional that deals with real estate. I have also been told that expenses must be capitalized under section 263A, but that once construction ends, the interest is eligible for deduction. THe problem here is that it seems that you (and me too) are trying to capitalize more than what is required. And I can't figure out if that is ok or not. I want to capitalize interest and insurance as well as capital improvements. The closest I found to an answer on this last issue is in the reference I gave above, but it seems that some technical glitches stopped the posting of the answer, and the contributors discussed it elsewhere instead. I doubt this helps much, but good luck anyway, and please post if you find out more.

Cwatt1 (talk|edits) said:

2 April 2007
I have likewise found nothing definitive on this type of situation. For the t/p who flips one house after holding it for a while, and during that time makes general repairs that merely maintain the home and do not add to basis, Treas. Reg. 1.212-1(a) and 1.212-1(b) seem to fit this situation more closely than IRC Sec. 167 or Sec. 1221 and their associated regs. Expenses like utilities, property taxes, and general repairs would seem to be expenses "for the management, conservation, or maintenance of property held for the production of... income", albeit future capital gain income.

Wwtaxes (talk|edits) said:

2 April 2007
Thank you so much for the suggestion. I will certainly look into this.

Klesher (talk|edits) said:

2 April 2007
I am also very interested in this thread and have researched extensively also. A specific question - a one time flip with mileage and utilites in 2006 and sells 2007 - these are added to the basis? If they should be expensed in 2006. then where? Sch A itemized deductions?

I think all the expenses should be added to basis - but then I read conflicting info. thanks for all the feed back on this subject

Wwtaxes (talk|edits) said:

2 April 2007
Mine is complicated by the fact that his attorney told him to form an LLC. So, I have a formal business entity, and have taken generic expenses on the Schedule C. This includes attorney fees, classes on how to flip houses, etc. I currently also have the mileage on C, since I assumed it is a combination of generic and house-specific. For everything specific to the house itself, I am maintaining a list of expenses incurred until he sells it. I've included interest and insurance on this, except for business liability insurance which is on C.

Klesher (talk|edits) said:

2 April 2007
so you have a "C " with no income and just these expenses?

Wwtaxes (talk|edits) said:

2 April 2007
Yes, I do. Not that I feel great about it, but he has formed a business, and I have to file a return for it, but the house has not sold yet. I don't like this situation, but I'm not sure what to do with it.

Of course, the TP wants to take all expenses now and get a big loss to minimize taxes from other income (spouse, 1099R), but he doesn't understand that he will not only pay taxes on the profit next year, but also SE taxes. I am so tired of clients who go to an attorney to set up their business, come in with minimal paperwork, don't really know how it was set up, and then when they find out the tax consequences, they think I can just fix it for them.

Cwatt1 (talk|edits) said:

2 April 2007
I hear you. Client's going to be pretty peeved at not getting the capital gain rate when he sells.

Again, I'm not sure about the treatment here, but from what I've gleaned from other similar sietuations, generally EVERYTHING is capitalized if, as you stated, the client is fixing the place up for resale, with the possible exception of utilities and taxes (on Sch. A, subject to 2% limit) since they really have nothing to do with increasing the basis. Too many commas in that sentence...

Other thoughts?

Klesher (talk|edits) said:

2 April 2007
Yup I hate when these clients go trotting off to the attorney who sets them up as whatever, does not explain to them the tax consequences and then expects us to get them out of the jam. and of course everyone who now wants to be a LLC or LLP or LL whatever! Because all their friends told them about it! Enough rambling here

Gscarfino (talk|edits) said:

2 April 2007
Well all the different views sure are interesting. Here I thought I was asking a dumb question. One I should know the answer too, but apparently it's not that easy. What I want to do is hold off until 2007, and add all expenses (even mileage) to the cost basis. That way he can avoid SE taxes, capital gain taxes will cost him less. It sounds like a handful of people agree that doing that would be okay. I will just tell the client the circumstances, tell him I'm not 100% sure and he is welcome to take it to a real estate accountant if he would feel more comfortable. (And believe me, I wouldn't mind if he did.)

Thanks for everyone's input, more comments are welcome.

Gail Scarfino

Wwtaxes (talk|edits) said:

2 April 2007
Gail,

I've been researching this on and off for a couple of weeks, and there haven't been any replies that make it a slam-dunk. Everything I've read about it says that the IRS looks at the investment vs business issue on a case-by-case basis, and that there is no definitive rule of what makes it one or the other. I think you could set it up as a C if you really wanted to take some deductions this year, but if I could choose how to do my client's, I would choose an investment and put it on D, and capitalize all expenses. Good luck.

Cwatt1 (talk|edits) said:

2 April 2007
Joyce, what's your opinion on a home that's inherited, held by beneficiary for a year or so, and then sold? Suppose beneficiary doesn't live in the house, makes only minor repairs (not "improvements") to prepare it for sale, and pays the property taxes, insurance, and utilities? Would you capitalize all that?

This has to happen fairly frequently, and I'm rather surprised I haven't been able to find much on that scenario.

Wwtaxes (talk|edits) said:

2 April 2007
I'm sure this does happen frequently, but I don't recall it happening to one of my clients. I'd have to do some research to render an opinion.

Does anyone else have the answer offhand?

CPABOYD (talk|edits) said:

5 April 2007
Since this is a one time flip, I would look at the initial cost and improvements as an investment with the basis increasing as improvements are added. As with other "investments" like an IRA or "managed investment" acct, there are ongoing investment expenses itemized annually on schedule A (sorry for the cap). As you all know, we can deduct margin interest against investment income and can also list investment expenses. I think mileage, utilities, Interest, etc all fall within the category of "Investment Expenses". Real Estate Taxes on any other property are fully deductible on Schedule A, so that's a no-brainer.

These do not really add to the basis, but are an ongoing expenses of maintaining and improving the initial investment. When the sale occurs, you have sold an improved investment. Hopefully, it has been more than one year and cash in on the capital gains treatment on schedule D (Sorry again for that cap)

C'mon, you geniuses, put the tax code to work and enter these items where they belong, and be done with it. If you go Sched C on the expenses, you better go Sched C on the final Sale. Or--LOOK OUT (yes, Shouting) That will be challenged.

Hope this helps J D Boyd, CPA Peoria, IL

Cwatt1 (talk|edits) said:

5 April 2007
Exactly my take.

Wwtaxes (talk|edits) said:

5 April 2007
But I can't do as you suggest, bc the client formed an LLC to be in the business of flipping houses, right?

Larry0434 (talk|edits) said:

5 April 2007
So if the intent is to have a business in flipping houses, it is ordinary income. All about intent. If no activity performed, you might argue IRC 1237

CPABOYD (talk|edits) said:

6 April 2007
I thot the client only intended on flipping one house. Now, sounds like he is in the business of (LLC) "Flipping Houses"


you need to determine: what business is this guy in ? Is he in "flipping Business" or is this just an investment like buying shares of Microsoft, i.e. "Investment"

  • It's Getting Deep

J.D. Boyd, cpa

Docjay (talk|edits) said:

16 April 2007
I have what is most likely a loosing flip. ASSUMING that the final flip is a net loss, are there any self employment tax issues? That is, can I treat my current expenses as schedule C items and write them off (for 2006) for this unsold property?

I have never done this before but would much rather write off my expenses if possible. I have passive income (eg stocks and bonds) and non-passive income.

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