Here's a summary of the key takeaways from this session:
1031 exchange into a syndication
- Standard LLC syndications do not qualify for a 1031 exchange.
- The most viable option is a Delaware Statutory Trust (DST).
- You must identify a replacement property within 45 days and close within 180 days.
- The full value must roll over β equity, allocated debt, and closing proceeds β not just your original down payment.
- It must always be investment-to-investment (not primary residence to investment). Like-kind is flexible: commercial-to-residential and vice versa both qualify.
Cost segregation & property improvements
- A cost seg study doesn't need to be done in the same year you acquire the property β time it for the year you have the highest taxable income.
- Adding improvements after the initial cost seg (e.g. a pool) doesn't require redoing the entire study β they can be added manually to a future return.
- Roughly 20β25% of a property can be accelerated via bonus depreciation; the remaining ~80% depreciates over 39 years.
- A great rental property hits the trifecta: cash flow, depreciation benefits, and appreciation.
- When deciding whether to do the cost seg before or after renovations, doing it after is often more comprehensive, but either can work.
1099s & contractor payments
- 1099s are due by January 31 for the prior tax year.
- Always collect a W-9 before a contractor starts work β don't pay until you have it.
- C-corps and S-corps are generally exempt from receiving 1099s.
- Payments via credit card or third-party platforms (like Plastic) typically don't require a 1099 β the payment processor handles reporting.
- Zelle is treated as a bank transfer, so 1099s generally still apply.
- Use track1099.com to file 1099s easily once you have W-9 info.
- In theory, you can't deduct contractor expenses without issuing a 1099 β but enforcement is inconsistent. Do it right regardless.
Real estate professional status & material participation
- REP status requires 750+ hours across all real estate activities, plus individual property criteria.
- Each property also needs 100+ hours (and more than anyone else), or 500+ hours via grouping.
- Qualifying activities include: managing properties, coordinating contractors, permitting, research, analyzing financials, and tracking mileage.
- REP status hours belong to one spouse β they can't be combined between partners.
- You only need to qualify in the year you want to claim the losses β prior years are already locked in.
- Long-term rentals can be grouped to reach the 500-hour threshold; STRs are evaluated individually.
- Track everything β even your property manager's hours, so you can prove you did more.
Tennessee series LLC & FONCE tax traps
- Closing a series LLC in Tennessee triggers a 6.5% state tax on the gain from any prior property sale within that series.
- The FONCE exemption applies to families with at least 95% ownership and passive activity β but real estate gains in TN are often not treated as passive.
- Options to avoid the 6.5% hit: deed the property to your personal name and hold 12+ months before selling, keep the series active by adding new property, or use a 1031 exchange (defers gain at both federal and state levels).
- The 6.5% tax paid may be deductible as an ordinary business expense on your federal return.
- Transferring a deed from a series LLC to yourself (same owner) generally does not trigger a due-on-sale clause β but consult an attorney to confirm.
- Strategically plan which years you close series to manage when the tax hit occurs.
Mileage tracking
- Only about 40% of real estate investors actually track mileage β this is a common missed deduction.
- Use an app like MileIQ to log trips automatically; save exports to Google Drive monthly or annually.
- If you didn't track, a percentage estimate (e.g. 40% of total miles driven for business) can still be used β but a real log wins in an audit.
- Time spent tracking mileage and managing records counts toward your material participation hours.
General mindset
- Treat your real estate portfolio like a business, not a side hobby.
- Most tax money lost to the IRS isn't from cheating β it's from not knowing the rules or acting too late.
- The tax code is full of legal tools β cost segs, 1031s, REP status, bonus depreciation β but they only work if you plan ahead.
- Show up, track your hours, collect your W-9s, know your state's quirks, and get on your CPA's calendar before Q4.
- The right year matters β timing your deductions to high-income years is where the real leverage is.
- If you can prove it, you can defend it. Documentation isn't optional β it's the strategy.
Thank you all for joining!