Is this an investment activity for you, or is it a business? Do you have another job? Do you hold any properties for rentals? Do you flip every property you acquire?
If this is your biz, and you buy, rehab and sell every property, you are, or will soon be, a dealer. It’s not a dirty word. It just means you are in an active business, and you are taxed as such. just like a lawyer or accountant or any one else. You don’t get to depreciate your properties, and you don’t get capital gain and loss treatment.
I sell plenty of properties, but I retain a lot more than I sell. My gross rents have increased steadily over the past 6 years, and will continue to do so. Even though I will sell 5-6 properties this year, and 5-6 next year, and 5 last year, it will be difficult for the IRS to classify me as a dealer. Rents are still the main focus of my activities, the properties I have sold were held as rentals for more than a year (some 3-4 years).
The determination of dealer v. investor status is purely factual, and all the facts and circumstances are considered.
For all you property flippers out there, how do you deal with capital gains taxes? Don’t they eat you alive when you sell the property after only owning it for so little time?
Yes, this is a problem with flipping properties. Actually you don’t have long term capital gains (15% rate, holding rental property over one year), you have earned income (upto 35% rate). Even worse, the IRS could classify you as a dealer and force you to pay self employment Social Security (FICA, 13% both sides) tax on this earned income. Oh, ya in CAlifornia you pay another 9.3% earned income (even if it is a long term capital gain). Work hard, the government is depending on you!
Posted by dealmaker on April 27, 2006 at 22:16:40:
Nope, not eating me up. If the government is getting theirs, TRUST ME, I definitely GOT MINE.
Paying taxes is a sign you’re making money at this. The poor suckers who post about the great TAX LOSSES they have are delusional. You get TAX LOSSES when you have REAL LOSSES.
And please don’t flame me about the “paper losses”. I’ve been doing this for about 30 years. Give me income every time. I’ll pay the taxes on it.