Friday Weekly Q&A Call - 07/10/2026
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 20–25% 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!
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Lyn Cueto
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Friday Weekly Q&A Call - 07/10/2026
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