An Abundance of Amenities for Residents

When my lease was due to be renewed on my apartment, I was quite happy. It meant that I was finally going to be able to move out of where I was living and into one of the Piedmont Park apartments. I had my eye on these apartments for a while, but I wasn’t sure that I would be able to afford it because they seemed so elite. I was really surprised when a good friend of mine moved there, because I knew we made around the same amount of money from our jobs.

When I asked her about it, she told me how much she was paying for a one bedroom apartment. I was pretty shocked, because it was not much more than what I had been paying for my own apartment. Continue reading

Make Smart and Satisfying Real Estate Deals With Desert Hot Springs Real Estate Agent Service

Are you seeking for the best-value short sales or REOs for sale in Desert Hot Springs, Riverside and San Bernadino Counties? Do you need a Desert Hot Springs real estate agent who is honest in presenting the desired details and upfront in delivering the facts required to help you make a risk free financial decision in your life? Come and have a visit to Property Hookup, where the most up-to-date resources are available for all your property needs. It brings a wide range of real estate services for helping you through foreclosure or short sales purchase or investment, which can be extremely complicated or stressful process at times. That’s why Property Hookup acknowledges only qualified and experienced real estate agent in Desert Hot Springs professionals in its dedicated realtor network. Each of the registered realtors is able to serve your needs and make the whole process of purchasing or selling a foreclosure home or a REO a fun filled and remarkable experience. Property Hookup allows you easy options to set up your own search criteria and find a successful local Desert Hot Springs real estate agent such as Diana Lee Wickler. No doubt, Diana will work attentively to help you understand title reports, inspection reports, purchase contracts, property disclosures and other things involved in the sale or purchase of a luxury home or REO property. You need to use her local realtor listing on Property Hookup so that you can have your share of comfort and peace while looking for your dream home. She is highly qualified, professional and experienced to provide you with the right kind of service that will ultimately lead you to deal success. Speak to this courteous Desert Hot Springs real estate agent over phone or through email and get to know how to properly negotiate the best possible terms for a REO home or short sale in Desert Cities and Riverside County. For last six years Diana Lee Wickler has been dealing with sales and purchase of distressed property, bank owned foreclosures & short sale properties, performing BPO’s and working to protect the interest of investors in every possible way. She is committed to provide you with accurate values of REOs, quality marketing, and negotiating service that will ensure high return on investment in a sensible manner. Diana Lee Wickler is readily available on Property Hookup to meet the requirements of sellers, buyers and investors throughout the Desert Hot Springs, CA. As a licensed Desert Hot Springs real estate agent, Diana is well equipped to understand today’s variable market condition and serve her customer’s needs to the best standard. Her local realtor experience is too diverse and includes residential property sales, rehabbed property management and extensive investment deals. Diana has sold and bought many REOs and short sales in the Coachella Valley areas and Morongo Basin areas while continuing to serve as a full time Desert Hot Springs real estate agent in Desert Cities Realtors. She has got the actual knowledge to effectively represent the clients in REO transactions. Call up her immediately and observe how dedicated she can be to your interest and needs. Gain a better control over REO or short sale transaction process and reduce the complications easily with the local Desert Hot Springs real estate agent MLS listings service on Property Hookup now!

Tips For Buying An Affordable Home From Cincinnati Real Estate And Northern Kentucky Real Estate Remax Agent

Home loans can be available from several types of lenders–thrift institutions, mortgage companies, commercial banks, and credit unions. Various lenders may quote you different prices, so you should contact several lenders to make sure you�re getting the best price. You can also get a Cincinnati home loan through a mortgage broker. Brokers set up transactions rather than lending money directly; in other words, they will find a lender for you. The broker�s contacts to several lenders can mean a bigger selection of loan products and terms from which you can choose. There are many factors to consider when looking for a home Types of Cincinnati homes – There are many different types of homes: single family, condominium, townhouse, and duplex. Additionally, the type of home you select may impact your buying power. New or existing home – Consider whether you want to move into a new home or an existing home. In general, new Cincinnati homes are more costly than existing homes. However, the condition of an existing home can significantly increase your maintenance requirements. Quality of home – Examine the condition of the home. Carefully inspect the structure, interior and exterior of the house for defects. The additional renovation costs may add up over time and exceed your maintenance estimates. Will the house need a lot of repairs? How old are the appliances? The purchase of the home is one step, but the renovations and repairs are added costs that need to be considered. Would you prefer to purchase a newer, costlier home or would you prefer to invest additional time and money into renovations and repairs for an older, less expensive home? Features – Consider the features of the home. Does it have gas or electric heating? How many bathrooms does it have? How many bedrooms do you need? All of these characteristics will influence the price of the home and your monthly housing expenses. HUD’s Wish List worksheet (A PDF Reader is necessary to view this file. PDF reader options for the visually impaired.) can help you identify and prioritize the features you are looking for in a home. Location – Would you rather live in the city, the country, or the suburbs? Do you want to be near parks or the library? What about a shopping center? Is it important for you to be near major highways or public transportation? Get a feel for the surrounding area by exploring the Cincinnati neighborhood and talking to residents. Crime rate – Look into the safety of the Cincinnati neighborhood. Does the Cincinnati neighborhood have a high crime rate? Has there been an increase in crimes committed in the area? If so, how will this influence the future property value of your home? School system – The quality of the school system in a particular area is not only important to families with children but can influence the property value of your home. Economic stability of area – The economic growth and stability of the area surrounding a Cincinnati home can influence its future property value. Cincinnati Home tax – Examine the annual amount of Cincinnati real estate taxes and other assessments levied on Cincinnati homes in the Cincinnati neighborhood you are considering. Brokers will generally make contact with several lenders regarding your application, but they do not have to find the best deal for you unless they are contracted with you to be your personal agent. You should also consider contacting more than one broker, just as you would with banks or thrift institutions. Knowing if you are dealing with a lender or a broker may not always be cut and dry. Some financial institutions work as both lenders and brokers. And most brokers� advertisements do not use the word “broker.” So be sure to ask whether a broker is involved. This information is important because brokers are usually paid a fee for their services that may be separate from and in addition to the lender�s origination or other fees. A broker�s compensation may be in the form of “points” paid at closing or as an add-on to your interest rate, or both. You should ask each broker you work with how he or she will be compensated so that you can compare the different fees. Be prepared to negotiate with the brokers as well as the lenders.

The Top 5 Key Benefits of Purchasing and Owning Investment Real Estate

So… You may ask yourself, why should you buy or invest in real estate in the First Place? Because it’s the IDEAL investment! Let’s take a moment to address the reasons why people should have investment real estate in the first place. The easiest answer is a well-known acronym that addresses the key benefits for all investment real estate. Put simply, Investment Real Estate is an IDEAL investment. The IDEAL stands for:

• I – Income
• D – Depreciation
• E – Expenses
• A – Appreciation
• L – Leverage

Real estate is the IDEAL investment compared to all others. I’ll explain each benefit in depth.

The “I” in IDEAL stands for Income. (a.k.a. positive cash flow) Does it even generate income? Your investment property should be generating income from rents received each month. Of course, there will be months where you may experience a vacancy, but for the most part your investment will be producing an income. Be careful because many times beginning investors exaggerate their assumptions and don’t take into account all potential costs. The investor should know going into the purchase that the property will COST money each month (otherwise known as negative cash flow). This scenario, although not ideal, may be OK, only in specific instances that we will discuss later. It boils down to the risk tolerance and ability for the owner to fund and pay for a negative producing asset. In the boom years of real estate, prices were sky high and the rents didn’t increase proportionately with many residential real estate investment properties. Many naïve investors purchased properties with the assumption that the appreciation in prices would more than compensate for the fact that the high balance mortgage would be a significant negative impact on the funds each month. Be aware of this and do your best to forecast a positive cash flow scenario, so that you can actually realize the INCOME part of the IDEAL equation.

Often times, it may require a higher down payment (therefore lesser amount being mortgaged) so that your cash flow is acceptable each month. Ideally, you eventually pay off the mortgage so there is no question that cash flow will be coming in each month, and substantially so. This ought to be a vital component to one’s retirement plan. Do this a few times and you won’t have to worry about money later on down the road, which is the main goal as well as the reward for taking the risk in purchasing investment property in the first place.

The “D” in IDEAL Stands for Depreciation. With investment real estate, you are able to utilize its depreciation for your own tax benefit. What is depreciation anyway? It’s a non-cost accounting method to take into account the overall financial burden incurred through real estate investment. Look at this another way, when you buy a brand new car, the minute you drive off the lot, that car has depreciated in value. When it comes to your investment real estate property, the IRS allows you to deduct this amount yearly against your taxes. Please note: I am not a tax professional, so this is not meant to be a lesson in taxation policy or to be construed as tax advice.

With that said, the depreciation of a real estate investment property is determined by the overall value of the structure of the property and the length of time (recovery period based on the property type-either residential or commercial). If you have ever gotten a property tax bill, they usually break your property’s assessed value into two categories: one for the value of the land, and the other for the value of the structure. Both of these values added up equals your total “basis” for property taxation. When it comes to depreciation, you can deduct against your taxes on the original base value of the structure only; the IRS doesn’t allow you to depreciate land value (because land is typically only APPRECIATING). Just like your new car driving off the lot, it’s the structure on the property that is getting less and less valuable every year as its effective age gets older and older. And you can use this to your tax advantage.

The best example of the benefit regarding this concept is through depreciation, you can actually turn a property that creates a positive cash flow into one that shows a loss (on paper) when dealing with taxes and the IRS. And by doing so, that (paper) loss is deductible against your income for tax purposes. Therefore, it’s a great benefit for people that are specifically looking for a “tax-shelter” of sorts for their real estate investments.

For example, and without getting too technical, assume that you are able to depreciate $15,000 a year from a $500,000 residential investment property that you own. Let’s say that you are cash-flowing $1,000 a month (meaning that after all expenses, you are net-positive $1000 each month), so you have $12,000 total annual income for the year from this property’s rental income. Although you took in $12,000, you can show through your accountancy with the depreciation of the investment real estate that you actually lost $3,000 on paper, which is used against any income taxes that you may owe. From the standpoint of IRS, this property realized a loss of $3,000 after the “expense” of the $15,000 depreciation amount was taken into account. Not only are there no taxes due on that rental income, you can utilize the paper loss of $3,000 against your other regular taxable income from your day-job. Investment property at higher price points will have proportionally higher tax-shelter qualities. Investors use this to their benefit in being able to deduct as much against their taxable amount owed each year through the benefit of depreciation with their underlying real estate investment.

Although this is a vastly important benefit to owning investment real estate, the subject is not well understood. Because depreciation is a somewhat complicated tax subject, the above explanation was meant to be cursory in nature. When it comes to issues involving taxes and depreciation, make sure you have a tax professional that can advise you appropriately so you know where you stand.

The “E” in IDEAL is for Expenses – Generally, all expenses incurred relating to the property are deductible when it comes to your investment property. The cost for utilities, the cost for insurance, the mortgage, and the interest and property taxes you pay. If you use a property manager or if you’re repairing or improving the property itself, all of this is deductible. Real estate investment comes with a lot of expenses, duties, and responsibilities to ensure the investment property itself performs to its highest capability. Because of this, contemporary tax law generally allows that all of these related expenses are deductible to the benefit of the investment real estate landowner. If you were to ever take a loss, or purposefully took a loss on a business investment or investment property, that loss (expense) can carry over for multiple years against your income taxes. For some people, this is an aggressive and technical strategy. Yet it’s another potential benefit of investment real estate.

The “A” in IDEAL is for Appreciation – Appreciation means the growth of value of the underlying investment. It’s one of the main reasons that we invest in the first place, and it’s a powerful way to grow your net worth. Many homes in the city of San Francisco are several million dollars in today’s market, but back in the 1960s, the same property was worth about the cost of the car you are currently driving (probably even less!). Throughout the years, the area became more popular and the demand that ensued caused the real estate prices in the city to grow exponentially compared to where they were a few decades ago. People that were lucky enough to recognize this, or who were just in the right place at the right time and continued to live in their home have realized an investment return in the 1000’s of percent. Now that’s what appreciation is all about. What other investment can make you this kind of return without drastically increased risk? The best part about investment real estate is that someone is paying you to live in your property, paying off your mortgage, and creating an income (positive cash flow) to you each month along the way throughout your course of ownership.

The “L” in IDEAL stands for Leverage – A lot of people refer to this as “OPM” (other people’s money). This is when you are using a small amount of your money to control a much more expensive asset. You are essentially leveraging your down payment and gaining control of an asset that you would normally not be able to purchase without the loan itself. Leverage is much more acceptable in the real estate world and inherently less risky than leverage in the stock world (where this is done through means of options or buying “on Margin”). Leverage is common in real estate. Otherwise, people would only buy property when they had 100% of the cash to do so. Over a third of all purchase transactions are all-cash transactions as our recovery continues. Still, about 2/3 of all purchases are done with some level of financing, so the majority of buyers in the market enjoy the power that leverage can offer when it comes to investment real estate.

For example, if a real estate investor was to buy a house that costs $100,000 with 10% down payment, they are leveraging the remaining 90% through the use of the associated mortgage. Let’s say the local market improves by 20% over the next year, and therefore the actual property is now worth $120,000. When it comes to leverage, from the standpoint of this property, its value increased by 20%. But compared to the investor’s actual down payment (the “skin in the game”) of $10,000- this increase in property value of 20% really means the investor doubled their return on the investment actually made-also known as the “cash on cash” return. In this case, that is 200%-because the $10,000 is now responsible and entitled to a $20,000 increase in overall value and the overall potential profit.

Although leverage is considered a benefit, like everything else, there can always be too much of a good thing. In 2007, when the real estate market took a turn for the worst, many investors were over-leveraged and fared the worst. They could not weather the storm of a correcting economy. Exercising caution with every investment made will help to ensure that you can purchase, retain, pay-off debt, and grow your wealth from the investment decisions made as opposed to being at the mercy and whim of the overall market fluctuations. Surely there will be future booms and busts as the past would dictate as we continue to move forward. More planning and preparing while building net worth will help prevent getting bruised and battered by the side effects of whatever market we find ourselves in.

Many people think that investment real estate is only about cash flow and appreciation, but it’s so much more than that. As mentioned above, you can realize several benefits through each real estate investment property you purchase. The challenge is to maximize the benefits through every investment.

Furthermore, the IDEAL acronym is not just a reminder of the benefits of investment real estate; it’s also here to serve as a guide for every investment property you will consider purchasing in the future. Any property you purchase should conform to all of the letters that represent the IDEAL acronym. The underlying property should have a good reason for not fitting all the guidelines. And in almost every case, if there is an investment you are considering that doesn’t hit all the guidelines, by most accounts you should probably PASS on it!

Take for example a story of my own, regarding a property that I purchased early on in my real estate career. To this day, it’s the biggest investment mistake that I’ve made, and it’s precisely because I didn’t follow the IDEAL guidelines that you are reading and learning about now. I was naïve and my experience was not yet fully developed. The property I purchased was a vacant lot in a gated community development. The property already had an HOA (a monthly maintenance fee) because of the nice amenity facilities that were built for it, and in anticipation of would-be-built homes. There were high expectations for the future appreciation potential-but then the market turned for the worse as we headed into the great recession that lasted from 2007-2012. Can you see what parts of the IDEAL guidelines I missed on completely?

Let’s start with “I”. The vacant lot made no income! Sometimes this can be acceptable, if the deal is something that cannot be missed. But for the most part this deal was nothing special. In all honesty, I’ve considered selling the trees that are currently on the vacant lot to the local wood mill for some actual income, or putting up a camping spot ad on the local Craigslist; but unfortunately the lumber isn’t worth enough and there are better spots to camp! My expectations and desire for price appreciation blocked the rational and logical questions that needed to be asked. So, when it came to the income aspect of the IDEAL guidelines for a real estate investment, I paid no attention to it. And I paid the price for my hubris. Furthermore, this investment failed to realize the benefit of depreciation as you cannot depreciate land! So, we are zero for two so far, with the IDEAL guideline to real estate investing. All I can do is hope the land appreciates to a point where it can be sold one day. Let’s call it an expensive learning lesson. You too will have these “learning lessons”; just try to have as few of them as possible and you will be better off.

Limited Liability Corportations and Foreign Investment in California Real Estate

There is some exciting news for foreign investors due to recent geo-political developments and the emergence of several financial factors. This coalescence of events, has at its core, the major drop in the price of US real estate, combined with the exodus of capital from Russia and China. Among foreign investors this has suddenly and significantly produced a demand for real estate in California.

Our research shows that China alone, spent $22 billion on U.S. housing in the last 12 months, much more than they spent the year before. Chinese in particular have a great advantage driven by their strong domestic economy, a stable exchange rate, increased access to credit and desire for diversification and secure investments.

We can cite several reasons for this rise in demand for US Real Estate by foreign Investors, but the primary attraction is the global recognition of the fact that the United States is currently enjoying an economy that is growing relative to other developed nations. Couple that growth and stability with the fact that the US has a transparent legal system which creates an easy avenue for non-U.S. citizens to invest, and what we have is a perfect alignment of both timing and financial law… creating prime opportunity! The US also imposes no currency controls, making it easy to divest, which makes the prospect of Investment in US Real Estate even more attractive.

Here, we provide a few facts that will be useful for those considering investment in Real Estate in the US and Califonia in particular. We will take the sometimes difficult language of these topics and attempt to make them easy to understand.

This article will touch briefly on some of the following topics: Taxation of foreign entities and international investors. U.S. trade or businessTaxation of U.S. entities and individuals. Effectively connected income. Non-effectively connected income. Branch Profits Tax. Tax on excess interest. U.S. withholding tax on payments made to the foreign investor. Foreign corporations. Partnerships. Real Estate Investment Trusts. Treaty protection from taxation. Branch Profits Tax Interest income. Business profits. Income from real property. Capitol gains and third-country use of treaties/limitation on benefits.

We will also briefly highlight dispositions of U.S. real estate investments, including U.S. real property interests, the definition of a U.S. real property holding corporation “USRPHC”, U.S. tax consequences of investing in United States Real Property Interests ” USRPIs” through foreign corporations, Foreign Investment Real Property Tax Act “FIRPTA” withholding and withholding exceptions.

Non-U.S. citizens choose to invest in US real estate for many different reasons and they will have a diverse range of aims and goals. Many will want to insure that all processes are handled quickly, expeditiously and correctly as well as privately and in some cases with complete anonymity. Secondly, the issue of privacy in regards to your investment is extremely important. With the rise of the internet, private information is becoming more and more public. Although you may be required to reveal information for tax purposes, you are not required, and should not, disclose property ownership for all the world to see. One purpose for privacy is legitimate asset protection from questionable creditor claims or lawsuits. Generally, the less individuals, businesses or government agencies know about your private affairs, the better.

Reducing taxes on your U.S. investments is also a major consideration. When investing in U.S. real estate, one must consider whether property is income-producing and whether or not that income is ‘passive income’ or income produced by trade or business. Another concern, especially for older investors, is whether the investor is a U.S. resident for estate tax purposes.

The purpose of an LLC, Corporation or Limited Partnership is to form a shield of protection between you personally for any liability arising from the activities of the entity. LLCs offer greater structuring flexibility and better creditor protection than limited partnerships, and are generally preferred over corporations for holding smaller real estate properties. LLC’s aren’t subject to the record-keeping formalities that corporations are.

If an investor uses a corporation or an LLC to hold real property, the entity will have to register with the California Secretary of State. In doing so, articles of incorporation or the statement of information become visible to the world, including the identity of the corporate officers and directors or the LLC manager.

An great example is the formation of a two-tier structure to help protect you by creating a California LLC to own the real estate, and a Delaware LLC to act as the manager of the California LLC. The benefits to using this two-tier structure are simple and effective but must one must be precise in implementation of this strategy.

In the state of Delaware, the name of the LLC manager is not required to be disclosed, subsequently, the only proprietary information that will appear on California form is the name of the Delaware LLC as the manager. Great care is exercised so that the Delaware LLC is not deemed to be doing business in California and this perfectly legal technical loophole is one of many great tools for acquiring Real Estate with minimal Tax and other liability.

Regarding using a trust to hold real property, the actual name of the trustee and the name of the trust must appear on the recorded deed. Accordingly, If using a trust, the investor might not want to be the trustee, and the trust need not include the investor’s name. To insure privacy, a generic name can be used for the entity.

In the case of any real estate investment that happens to be encumbered by debt, the borrower’s name will appear on the recorded deed of trust, even if title is taken in the name of a trust or an LLC. But when the investor personally guarantees the loan by acting AS the borrower through the trust entity, THEN the borrower’s name may be kept private! At this point the Trust entity becomes the borrower and the owner of the property. This insures that the investor’s name does not appear on any recorded documents.

Because formalities, like holding annual meetings of shareholders and maintaining annual minutes, are not required in the case of limited partnerships and LLCs, they are often preferred over corporations. Failing to observe corporate formalities can lead to failure of the liability shield between the individual investor and the corporation. This failure in legal terms is called “piercing the corporate veil”.

Limited partnerships and LLCs may create a more effective asset protection stronghold than corporations, because interests and assets may be more difficult to reach by creditors to the investor.

To illustrate this, let’s assume an individual in a corporation owns, say, an apartment complex and this corporation receives a judgment against it by a creditor. The creditor can now force the debtor to turn over the stock of the corporation which can result in a devastating loss of corporate assets.

However, when the debtor owns the apartment building through either a Limited Partnership or an LLC the creditor’s recourse is limited to a simple charging order, which places a lien on distributions from the LLC or limited partnership, but keeps the creditor from seizing partnership assets and keeps the creditor out the affairs of the LLC or Partnership.

Income Taxation of Real Estate

For the purposes of Federal Income tax a foreigner is referred to as nonresident alien (NRA). An NRA can be defined as a foreign corporation or a person who either;

A) Physically is present in the United States for less than 183 days in any given year. B) Physically is present less than 31 days in the current year. C) Physically is present for less than 183 total days for a three-year period (using a weighing formula) and does not hold a green card.

The applicable Income tax rules associated to NRAs can be quite complex, but as a general rule, the income that IS subject to withholding is a 30 percent flat tax on “fixed or determinable” – “annual or periodical” (FDAP) income (originating in the US), that is not effectively connected to a U.S. trade or business that is subject to withholding. Important point there, which we will address momentarily.

Tax rates imposed on NRAs may be reduced by any applicable treaties and the Gross income is what gets taxed with almost not offsetting deductions. So here, we need to address exactly what FDAP income includes. FDAP is considered to include; interest, dividends, royalties, and rents.

Simply put, NRAs are subject to a 30 percent tax when receiving interest income from U.S. sources. Included within the definitions of FDAP are some miscellaneous categories of income such as; annuity payments, certain insurance premiums, gambling winnings, and alimony.

Capital gains from U.S. sources, however, are generally not taxable unless: A)The NRA is present in the United States for more than 183 days. B) The gains can be effectively connected to a U.S. trade or business. C) The gains are from the sale of certain timber, coal, or domestic iron ore assets.

NRA’s can and will be taxed on capital gains (originating in the US) at the rate of 30 percent when these exceptions apply.Because NRA’s are taxed on income in the same manner as a US taxpayers when that income can effectively be connected to a US trade or business, then it becomes necessary to define what constitutes; “U.S. trade or business” and to what “effectively connected” means. This is where we can limit the taxable liability.

There are several ways in which the US defines “US trade or Business” but there is no set and specific code definition. The term “US Trade or Business” can be seen as: selling products in the United States (either directly or through an agent), soliciting orders for merchandise from the US and those goods out of the US, providing personal services in the United States, manufacturing, maintaining a retail store, and maintaining corporate offices in the United States.Conversely, there are highly specific and complex definitions for “effectively connected” involving the “force of attraction” and “asset-use” rules, as well as “business-activities” tests.

Generally and for simplistic explanation, an NRA is “effectively connected” if he or she is engaged as a General or limited partner in a U.S. trade or business. Similarly, if the estate or trust is so engaged in trade or business then any beneficiary of said trust or estate is also engaged

For real estate, the nature of the rental income becomes the critical concern. The Real Estate becomes passive if it is generated by a triple-net lease or from lease of unimproved land. When held in this manner and considered passive the rental income is taxed on a gross basis, at a flat rate of 30 percent with applicable withholding and no deductions.

Investors should consider electing to treat their passive real property income, as income from a U.S. trade or business, because the nature of this type of holding and loss of deduction inherent therein is often tax prohibited. However, the election can only be made if the property is generating income.

If the NRA owns or invests in or owns unimproved land that will be developed in the future, he or she should consider leasing the land. This is a great way to generate income. Investment in income-generating allows the NRA the ability to claim deductions from the property and generate a loss carry-forward that will offset income in future years.

There are many tools we can use to assist our NRA clients in avoiding taxation on Real Estate income property, one of which is ‘portfolio interest’, which is payable only on a debt instrument and not subject to taxation or withholding. There are several ways to fit within the confines of these ‘portfolio interest’ rules. NRAs can participate in the practice of lending through equity participation loans or loans with equity kickers. An equity kicker is like a loan that allows the lender to participate in equity appreciation. Allowing the lender to convert debt into equity in the form of a conversion option is one way that this can be accomplished as these provisions usually increase interest rates on a contingent basis to mimic equity participation.

There are two levels of tax applicable to a foreign individual or a foreign corporation who owns a U.S. corporation.

The U.S. corporation will be subject subjected to a 30 percent withholding tax on its profits, when the income is not re-invested in the United States and there will be a tax on dividends paid to the foreign shareholders as well. When the U.S. business is owned by a foreign corporation, whether directly or through a disregarded entity, or through a pass-through entity. The branch profits tax replicates the double tax.

The U.S. has treaties covering the ‘branch profits tax’ with most of the European nations, reducing the tax to between 5 and 10 percent. The 30 percent tax is onerous, as it applies to a “dividend equivalent amount,” which is the corporation’s effectively connected earnings and profits for the year, less investments the corporation makes in its U.S. assets (money and adjusted bases of property connected with the conduct of a U.S. trade or business). The tax is imposed even if there is no distribution.

Foreign corporations are taxed on their effectively connected income and on any deemed dividends, which are any profits not reinvested in the United State under the branch profits tax.

The rules applicable to the tax on the disposition of real estate are found in a separate regime known as the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).

Generally, FIRTPA taxes an NRAs holdings of U.S. real property interest (USRPI) as if he or she were engaged in a U.S. trade or business. As mentioned earlier, this means that the traditional income tax rules that apply to U.S. taxpayers will also apply to the NRA. Obligation to withhold 10 percent of the amount realized on any disposition falls on purchasers who acquire a USRPI from an NRA.

Ownership and interests of Real Estate Property include: fee ownership, co-ownership, leasehold, timeshare, a life estate, a remainder, a reversion or a right to participate in the appreciation of real property or in the profits from real property. For purposes of definition interest in real property would include any ownership of personal property used to exploit natural resources, land, buildings, mineral deposits, crops, fixtures, operations to construct improvements, the operation of a lodging facility, or providing a furnished office to a tenant (including movable walls or furnishings) as well as Improvements, leaseholds, or options to acquire any of the above.

There are several ways in which a partnership interest is treated as a USRPI: A domestic corporation will be treated as a U.S. real property holding corporation (USRPHC) if USRPIs are equal to or exceed 50 percent of the sum of the corporation’s assets. OR when 50 percent or more of the value of the gross partnership assets consists of USRPIs – Or when 50 percent or more of the value of partnership gross assets consist of USRPIs plus cash and cash equivalents. The disposition of partnership interest will be subject to FIRPTA. To the extent that such partnership continues to own USRPIs they will remain subject to this withholding.

The good news is that disposition of an interest in a USRPHC is subject to the FIRPTA tax and withholding but is not subject to state income tax. There is an obvious benefit when compared with the disposition of a USRPI owned directly. USRPI which are owned directly are subject to the lower federal capital gains rate as well as state income tax. If, however on the date of the disposition the corporation had no USRPIs and the totality of the gain was fully recognized (no installment sales or exchanges) on the sale of any USRPIs sold within the past five years Then this disposition cannot be subject to these rules.

Any USRPI sold by an NRA (individual or corporation) will be subject to 10 percent withholding of the amount realized. Withholding applies even if the property is sold at a loss.

The purchaser must report the withholding and pay over the tax, using Form 8288 within 20 days of the purchase. This is to be duly noted because if the purchaser fails to collect the withholding tax from the foreigner, the purchaser will be liable for not only the tax, but also any applicable penalties and interest. The withheld taxes are later credited against the total tax liability of the foreigner.

Instances wherein withholding is not required, are the following:

The seller provides a certificate of non-foreign status. Property acquired by the purchaser is not a USRPI. The transferred property is stock of a domestic corporation and the corporation provides a certificate that it is not a USRPHC.

The USRPI acquired will be used by the purchaser as a residence and the amount realized by the foreigner on the disposition is $300,000 or less. The disposition is not subject to tax, or the amount realized by the foreigner on the disposition is zero.

Estate and Gift Tax: In determining who is an NRA and who is excluded the test is completely different for estate tax purposes. The focus of inquiry will centers around the decedent’s residence. This test is very subjective and focuses primarily on intent.The test considers factors from across the board, such as how long the NRA has been in the United States, how often he or she travels as well as the size, and cost of home in the United States. The test will also look at the location of NRA’s family, their participation in community activities, participation in U.S. business and ownership of assets in the United States. Voting is also taken into consideration.

A foreigner can be a U.S. resident for income tax purposes but not be domiciled for estate tax purposes. An NRA, whether a nonresident alien or non-domiciliary, will be subject to a different transfer taxes (estate and gift taxes) than a U.S. taxpayer. Only the gross part of the NRA’s Estate that at the time of death is situated in the United States will be taxed with the estate tax. Although the rate of NRA’s estate tax will be the same as that imposed on U.S. citizens and resident aliens, the unified credit is only $13,000 (equivalent to about $60,000 of property value).

These may be ameliorated by any existing estate tax treaty. European countries, Australia, and Japan enjoys these treaties, The U.S. does not maintain as many estate tax treaties as income tax treaties.

The IRC defines the following property as situated in the United States: A) Shares of stock of a U.S. corporation. B) Revocable transfers or transfers within three years of death of U.S. property or transfers with a retained interest (described in IRC Sections 2035 to 2038). C) Debt issued by a U.S. person or a governmental entity within the United States (e.g., municipal bonds).

Real estate in the United States is considered U.S. property when it is physical personal property such as works of art, furniture, cars, and currency. Debt, however is ignored if it is recourse debt, but gross value is included, not just equity. U.S.-situs property is also a US property if it is a beneficial interest in a trust holding. Life insurance is NOT included as U.S.-situs property.

The estate tax returns must disclose all of the NRA’s worldwide assets, in order to determine the ratio that the U.S. assets bear to non-U.S. assets. The gross estate is reduced by various deductions relating to the U.S.-situs property. This ratio determines the percentage of allowable deductions that may be claimed against the gross estate.

As mentioned earlier, when real estate is subject to a recourse mortgage, the gross value of the real estate is included, offset by the mortgage debt. This distinction is very relevant for NRAs whose debts are subject to apportionment between U.S. and non-U.S. assets and therefore not fully deductible.

Accurate planning is crucial. Let us illustrate: An NRA can own US property through a foreign corporation and this property is not included in the NRA’s estate. This means that the US Real property owned by the NRA has now effectively been converted into a non-U.S. intangible asset.

And with Real Estate that was not initially acquired through a foreign corporation, you can still avoid future taxation to the estate by paying an income tax today on the transfer of the real estate to a foreign corporation (usually treated as a sale).

An NRA donor is not subject to U.S. gift taxes on any gifts of non-U.S. situs property gifted to any person, including U.S. citizens and residents. Gift taxes are imposed on the donor. Gifts from an NRA that are in excess of $100,000 must reported on Form 3520.46 by citizens and residents, however, Gifts of U.S.-situs assets are subject to gift taxes, with the exception of intangibles, which are not taxable.

If it is physically located in the United States tangible personal property and real property is sited within the United States. The lifetime unified credit is not available to NRA donors, but NRA donors are allowed the same annual gift tax exclusion as other taxpayers. NRA’s are also subject to the same rate-schedule for gift taxes.

The primary thrust of estate tax planning for NRAs is through the use of; the following: Foreign corporations to own U.S. assets, and the gift tax exemption for intangibles to remove assets from the United States. It is very important that the corporation have a business purpose and activity, lest it be deemed a sham designed to avoid U.S. estate taxes. If the NRA dies owning shares of stock in a foreign corporation, the shares are not included in the NRA’s estate, regardless of the situs of the corporation’s assets.

Let us break this down into one easy to read and understand paragraph:

In a nutshell, shares in U.S. corporations and interests in partnerships or LLCs are intangibles and the gift of an intangible, wherever situated, by an NRA is not subject to gift tax. Consequently, real estate owned by the NRA through a U.S. corporation, partnership, or LLC may be removed from the NRA’s U.S. estate by gifting entity interests to foreign relatives.

Ownership Structures: Here we discuss the ownership architectures under which NRA’s can acquire Real Estate. The NRA’s personal goals and priorities of course dictate the type of architecture that will be used. There are advantages and disadvantages to each of these alternatives. Direct investment for example, (real estate owned by the NRA) is simple and is subject to only one level of tax on the disposition. The sale is taxed at a 15 percent rate If the real estate is held for one year. There are many disadvantages to the direct investment approach, a few of which are: no privacy, no liability protection, the obligation to file U.S. income tax returns, and if the NRA dies while owning the property, his or her estate is subject to U.S. estate taxes.

When an NRA acquires the real estate through an LLC or an LP, this is considered an LLC or a limited partnership structure. This structure provides the NRA with protection of privacy and liability and allows for lifetime transfers that escape the gift tax. The obligation to file U.S. income tax returns and the possibility for U.S. estate tax on death remain, however.

Ownership of real estate through a domestic corporation, will afford privacy and liability protection, obviate the foreigner’s need to file individual U.S. income tax returns and allow lifetime gift tax-free transfers. *this refers to a C corporation, since a foreign shareholder precludes an S corporation.

Ownership of stock will not trigger a return filing obligation, unlike engaging in a U.S. trade or business which requires a U.S. tax return

Ownership of real estate through a domestic corporation has three disadvantages: Federal and state corporate income tax at the corporate level will add a second layer of tax. Dividends from the domestic corporation to its foreign shareholder will be subject to 30 percent withholding. Shares of the domestic corporation will be included in the U.S. estate of the foreign shareholder.

Furthermore, the foreign shareholder will be subject to FIRPTA, because the corporation will be treated as a USRPHC (upon the disposition of the stock in the corporation). The purchaser of the shares is then required the file a U.S. income tax return with 10 percent tax withholding. Actual ownership of the real estate may be held by the U.S. corporation directly, or by a disregarded entity owned by the corporation or through a U.S. partnership. An LLC that chooses to be taxed as a corporation can also be the corporation.

There are several advantages to foreign corporation ownership:

Liability protection- There is no U.S. income tax or filing requirement for the foreign shareholder. Shares in the foreign corporation are non-U.S. assets not included in the U.S. estate.

Dividends are not subject to U.S. withholding. There is no tax or filing requirement on the disposition of the stock. There is no gift tax on the transfer of those shares of stock.

Disadvantages of using the foreign corporation: A) just like with the domestic corporation, there will be corporate level taxes, because the foreign corporation will be deemed engaged in a U.S. trade or business. B) Possibly the largest disadvantage of ownership of U.S. real estate through a foreign corporation would be that the foreign corporation will be subject to the branch profits tax.

One of the most advantageous structure for ownership of U.S. real estate by NRAs is a hybrid foreign and U.S. corporation. It runs like this: The NRA owns a foreign corporation that in turn owns a U.S. LLC taxed as a corporation. The benefits to this type of structure is paramount to a good tax shield and offers: privacy and liability protection, escaping U.S. individual income tax filing requirements and it also avoids U.S. estate taxes. On top of that it allows for gift tax-free lifetime transfers, and avoids the branch profits tax.

The beauty and benefit of this is that the timing and the amount of this dividend is within the NRA’s control even though distributions from the U.S. subsidiary to the foreign parent are subject to the 30 percent FDAP withholding.

There are many things to consider and several structures available to limit tax liability, preserve and protect anonymity and increase profits of US Real Estate investments by foreign investors. We must keep in mind that each investment presents its own challenges and no structure is perfect. Advantages and disadvantages abound which will require a tailored analysis in light of the individual or group objectives.

It’s really about implementing a structure which will successfully carry the NRA through to his or her END GAME, with the utmost protection from liability and the maximum return on investment.

Hire A Real Estate Lawyer In Sacramento For Error-free Purchase Of Property

Buying a dream home is no easy task. From searching for a right property to moving into your newly owned home, it needs a lot of efforts and finances. In the middle of all this process, most of the buyers ignore the legal issues and law concerns related to the property. Even if you are selling, leasing or renting your already existing property then also you need an assistance from an estate planning law firm in Sacramento and in other parts of the world as well.

Buying a home can be expensive enough; so the last thing that you want to add is even more numbers to the equation by hiring a real estate lawyer. But looking into real estate lawyers will be money well spent during the home buying process and can also buy you peace of mind. A house is one of your largest investments, so you will want to make sure that all of your bases are covered. The process of buying and selling a property such as a residential home or a commercial building can be a complex procedure. Errors in these transactions can result in the significant monetary loss to the buyer or the seller. Therefore, in order to avoid these kinds of issues and protect yourself from real estate bloopers, it is better to get professional help from a real estate lawyer in Sacramento.

Owning a home is a cherished desire of every person, but along with it, comes a huge pile of paperwork that one needs to go through. A real estate lawyer would come in very handy to help you go through these documents rather than just muddle through it. The reputable, certified and licensed real estate lawyers can check to make sure that the property titles are correct, house documents are registered appropriately, and check that all paperwork related to the houses is legal. Being experienced in the buying and selling, the real estate lawyer can make sure that you are always on the safer side.

Your real estate lawyer will review the agreement of purchase and sale and check for any errors that may jeopardize your interests by any means. If you are purchasing a property, the lawyer will complete the title search of the property to ensure that you are obtaining a property with clean title. Whereas, if you are getting the purchase financed, your lawyer will work with the financial institution to coordinate funding and will register the mortgage on title. Apart from on-time and error-free closing of the deal, real estate lawyers offer several other services like an insurance claim, etc.

A Favourable Year for Real Estate Industry

The office space absorption in India stood at 35 million square feet in 2015, which is the second highest absorption rate after 2011. While the vacancy in PAN-India stands at 16%, it’s just 8-9% that’s being supplied to the corporate occupiers.

The major cities like Bengaluru, Pune, Chennai and Hyderabad have a vacancy rate for office space is just 5-10%, and they are prompting the need for fresh supply to meet the growing demands. Though, the land and construction costs are rising each day, rents have not reached a point where developers can get an IRR (Internal Rate of Return) of about 20%. This has been a main reason for developers moving away from commercial projects.

Residential Real Estate

Though the year 2015 didn’t bring up the expected growth in residential real estate, the bad days seems to have vanished. The sales have picked up in a few major cities like Mumbai, Bengaluru and Hyderabad. The initiatives taken by developers like offering attractive schemes and deal terms along with the lowered interest rates seem to have engaged the fence-sitters. The signs look encouraging; so the year 2016 seems to put an end to the difficult journey of the sector.

Retail Real Estate

The year hardly saw major happenings in the retail real estate sector. However, two big trends were noticed.

Consolidation of retail real estates by retailers and brands that focussed on the profit making stores closing down the loss causing ones.
Entry of institutional investors; this would make the single brand retail companies undertake ecommerce business independently.

More and more mature investors are expected to come and buy built-up real estate spaces in 2016.

Manufacturing and Warehousing

The year did nothing except putting a solid foundation for the manufacturing sector to get going in 2016. Under the Make in India programme, the states can come up with their own strategies, schemes and policies, which would help them in fuelling the industrial growth. The warehousing sector seem to be reaching an inflection point and it’s sure to take a huge leap forward once the Goods and Service Tax (GST) is rolled out.

The real estate industry is getting matured each day; until 2014, the industry was highly inefficient, fragmented and unregulated. Though 2016 is expected to bring in some positive changes in the industry, the experts still feel that the industry still remains fragmented and moderately inefficient in 2016 as well! Only the growth in Indian economy can bring some favourable reflections in the real estate sector.

Terravita Real Estate – North Scottsdale AZ – Winfield Real Estate

Terravita Real Estate – North Scottsdale AZ:

Terravita real estate consists 1,380 homes ranging in a resort community ranging in size from 1,500 to 3,800 square feet. Home prices range from the low $300,000 $250,000 to over $1 million. All homeowners are members of Terravita Country Club, which includes a first class fitness center, community pool, spa and tennis courts, and nature trails that reflects Arizona’s Sonoran Desert landscape. It was carefully constructed and planned as a gated master-planned community consisting of approximately 823 acres.

Terravita real estate is in the north center part of the valley, surrounded by mountains on all sides, enjoys some 300 plus days of sunshine each year, with an annual rainfall of about 7 inches, which contributes to low humidity and mild winters. The winter temperatures are the talk of the country and it allows Terravita residents to take full advantage of the numerous outdoor recreational opportunities and the scenic beauty of the Sonoran Desert. You will find the community that makes up Terravita real estate in north Scottsdale, at the intersection of Scottsdale Road and Carefree Highway. Because of the elevation that Terravita enjoys the annual temperatures are often 5 to 7 degrees cooler than downtown Phoenix. Just North of Terravita is the town of Carefree, Cave Creek, and the Tonto National Forrest. Nearby is Lake Bartlett and Lake Pleasant.

The Terravita real estate community maintains Southwest architecture guidelines that protect its overall design integrity and property values. Given Terravita’s dramatic desert location, many homes
enjoy views of the golf course, Black Mountain, the nearby Boulders Resort area, and stunning sunsets. About half of the residents live in Terravita year-round while the other half use Terravita as a second home.

Impeccable grounds welcome you inside the gated community where you’ll find a relaxed, inviting atmosphere among residents and members. Outdoor recreation abounds from spirited rounds of golf, to friendly games of tennis, to nature walks on manicured trails. And when you’re ready to unwind, slip into a poolside lounge chair or sip a cocktail on the Clubhouse outside patio – and toast good friends and great times at Terravita.

It’s a special place. Not just for the picturesque location or the long list of amenities — but for the sense of community fostered by those who live and play here. Both elegant and comfortable, Terravita welcomes those who embrace a balance.

The Terravita Community:

-Championship golf course
-Clubhouse with casual and fine dining
-Desert Pavilion for meetings, activities and events
-Health and fitness center with classes, steam room and more
-Six tennis courts for casual and organized play
-Swimming pool and hot tub
-Seven miles of walking, biking and hiking trails
-A two-mile self-guided nature trials
-Private homes
-A full calendar of events ranging from golf and tennis tournaments, to social, cultural and culinary events, to cocktail and holiday parties.

Terravita’s exercise classes include:

-Yoga
-Pilates
-Zumba Line Dancing
-Aerobics
-Strength and Tone
-Completely Cardio
-Spinning
-Instructor led classes

Personal training sessions are designed to help members learn proper form and technique, while achieving individual fitness goals. These sessions are scheduled on an optional fee basis.

World-class amenities – minutes away:

-Scottsdale shopping and dining
-Cultural venues and educational institutions
-Major league sports arenas for the Phoenix professional sports teams, including the Cardinals, the Suns, the Diamondbacks and the Coyotes
-The Barrett Jackson Auto Auction, the Arabian Horse Show, NASCAR, Major League Baseball spring training camps, PGA golf events, casinos and more
-Phoenix Sky Harbor International Airport

The TCA is governed by a seven person Board of Directors who are resident members in good standing with the TCA. Each Director is elected by a vote of the members and serves a two-year term without compensation. Elections are held each March at the annual meeting.

The Terravita Community Association is managed on-site at the Desert Pavilion by Capital Consultants Management Corporation. Office hours are Monday through Friday from 9 a.m. to 5 p.m.

Terravita Tennis Activities:

-Private lessons and clinics, including video analysis
-Adult leagues and mixers
-Inter-Club and Intra-Club events
-Men’s and Women’s Club Championships
-Adult Superset Challenge Cup – Singles and Doubles
-Men’s and Women’s Drop Ins
-Kids private lessons and clinics
-Annual Kids Summer Camp

The pool area includes a cabana with locker room facilities, an outdoor ramada and a soothing hot tub to help members relax after a spirited tennis match, a challenging golf game or water workout. The poolside grill offers seasonal food and beverage service.

Terravita Desert Pavilion:

The Desert Pavilion has more than 9,000 square feet available as a meeting or special event venue. Members can participate in member-sponsored and Club-sponsored activities, such as:

-Terravita Art League
-Card games, including Bridge, Poker and Canasta
-Board games, including Mahjong and Scrabble
-Stitch and Chat, and Quilting
-Book Club
-Bible Study
-Seminars and Workshops

The Desert Pavilion is also home to Terravita’s self-service library, which includes hundreds of titles donated by the residents.

Terravita Golf Club:

Separate from all the other amenities that Terravita offers is the an award-winning private golf club. Terravita Country Club, Terravita Golf Club and Terravita Community Association (TCA) are separate legal entities so you can choose to join the golf club or not – It’s all about choices. You can read more about this at Terravita golf club in Scottsdale.

The World of Being a Real Estate Coach

So you’ve been in real estate for a while. You’ve seen your share of successes and are making a good living in this industry. Along the way you have helped others be successful as well. You seem to be the voice of reason that everyone is turning to when it comes to real estate.

So how can you take that love and passion for real estate and help others as well while making money? This is where coaching comes into play. You’ve heard about coaches and perhaps have even wondered if you could be one of them yourself.

What Is Coaching?

Coaching is the art of forming a partnership with your client to help them move towards achievable goals that will move them towards success. The real estate world is a highly competitive market. Real estate coaches are seen as the elite in this market.

They are the experts and have been highly successful. That’s why their services are in such high demand. As a coach you will be able to go in and observe your clients processes that are currently in place. You will find out what their goals are for their business. You have the insight to help them make their dreams come true in real estate.

Why People Hire a Coach?

Hiring a real estate coach has many advantages. Some of these advantages include:

•A clearer sense of direction for the business
•A sense of success where their future is concerned
•They learn effective ways to manage their time so they can accomplish more
•They learn new skills to help them become more successful
•The gain self confidence
•They work more effectively
•They can take their business to a whole new level

These are some of the advantages that clients get from the real estate coaches they work with. Coaches are in high demand as the business grows by leaps and bounds each and every day. It takes more than money to be successful in this business. You need to knowledge behind you so you make the right decisions and not the wrong ones. The wrong decisions can leave a negative and lasting effect. Coaches can help a client by providing them with the tools they need to make more money, gain more clients and work more efficiently. So if you’ve been thinking about being a coach, you have a million and one reasons why you should go into this field. It will be a rewarding career as you see your success through your clients’ successes.

Colorado Real Estate is the Best

Colorado Real Estate is always a great choice to look for houses for sale because of several reasons. First, if you want to live by this State,its properties are in such great locations that have some of the spectacular views you can think of. Some got great mountain views and some properties are near some golf course sites. Next, There are a lot of some great outdoor and recreational activities you can do that Colorado Real Estate has to offer, which i am pretty much such will keep you busy and away from getting bored. Another reason is the perfect climate, not so hot and not so cold, and several more other reasons.
Now, let us check some the houses for sale in Colorado Real Estate in some different City location. Let us try to compare the houses for sale in Greenwood Village and Centennial. These places have some of the best properties you can find in Colorado Real Estate.
Greenwood Village

If you would like to live in total luxury, then Greenwood Village is the perfect place for you. This area offers some of the best homes you can ever have in Colorado Real Estate. As well as condos, this is located in a great area that is accessible to every great features and attraction in the City. Although Greenwood Village houses offers luxury, it does not mean that they comes with a high price as usual real estate properties would have. You can have the elegance and luxurious home you always wanted with an affordable price that is suited for your budget. There are lots of properties to choose from so do not worry if your concern is the price of the properties listed here in Greenwood Village in our Colorado Real Estate!
Centennial

Basically, as compared to houses in the Greenwood Village area, the houses in Centennial are less expensive and much more affordable for the average person. Although i am not saying that houses for sale in Greenwood Village is that expensive. I am just pointing out that some of the houses for sale here in Centennial are less expensive that in Greenwood Village. I think both of them offers quality homes that are very much desirable and whether you choose Centennial or Greenwood Village. Just by choosing Colorado Real Estate, you are assured of having a great home to call your own already.

As you can see with my description above, whether choosing Greenwood Village or Centennial in Colorado. Both of them are just spectacular places to live by. These two places actually offer an attractive way of living and this makes the houses for sale in Colorado Real Estate a popular choice for people. The truth is that once you see the list of houses for sale, you will be tempted to buy one. One of the houses can be your dream house, and it is really hard to resist the desire to live in it. Moreover, whatever the style of house that you like, you could still find it as there are several options here. So, whenever you have the money and you want a home, do not miss to look at the list of houses for sale in Colorado Real Estate!