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The Tax Man Cometh and Stayed and Stayed

I hated to be so absent on RCG the last couple of weeks, (took me several hours to catch up on posts. Ardell, you’ve outdone yourself, as usual, plus all those deals!Dont’ know how you do it). Here’s my excuse, I’ve had two audits this spring and they’ve both buried me. Plus I’ve been on two investment fact finding trips and hired two new agents for LTD just this week. (hmm, something about 2’s) I’ve been buried but wanted to share something that I thought my 2 (there it is again) tax attorneys and one real estate attorney should have prepared me for and had never heard of.

You try to listen to your attorney when he or she tells you to protect yourself and set up an LLC. but, if you’re like me and didn’t give much thought to how you share staff, leases, assets like office furniture, holdings, like real estate holdings, etc, etc, etc, please avoid the following that can cost thousands if found in an audit.

taxman 1 2 3 4 5For example, if I own two companies, a construction company and a company that buys property, subdivides, remodels, build new, etc., and if an employee from the construction company (where the liabiltiy and stop gap insurance is) builds for the venture company, then I must charge sales tax to myself!. Yes, I know the LLC’s and the Inc.s are their own entities, but it never occurred to me that I’d have to charge myself sales tax and give it to the state even if I’ve already paid sales tax at the point of sale. Similarly, if I bring my computer from home (or office furniture or ANYTHING and GIVE it to one of my companies, I must again pay sales tax. I own the computer, I own the company, I paid sales tax when I bought the computer. However, the state wants it’s $ so they consider that I sold the computer and therefore must pay sales tax.

Another example. If the construction company pays an architect for plans for the venture company, then I must charge tax and pay it to the state, even though architects are a service industry and don’t incur sales tax. I could elaborate but it’s just more of the same. Reminds me of my restaurants I had in the 80’s. I had a similar audit and because I gave free meals to my employees(100 of them at $2/day for 5 years), I had to pay sales tax to the state on those FREE meals. Go Figure.

So, I’m now much poorer and hope I’ve alerted at least someone out there to watch this on your books. I have 11 LLC’s, I’m just glad the audit is done and I won’t get in trouble next time. There is the possiblility that there will be some relief for this injustice in July, but it would probably only affect some of the issues.

But, lesson learned and I’m now cutting paychecks out of 4 different companies. Four sets of W-2’s, etc for each employee. Yuck

I’m going to start blogging on some cool strategies to invest 401K, Seps, IRA, Roth IRA in real estate when I get the time, but I wanted to alert you to a webinar that is excellent being given by a great custodial company, Pensco, in case you want to hear how to invest one of those entities in real estate and use leverage, even though most accountants will tell you you can’t. There will be many upcoming webinars about similar subjects. Click here for a description and to register.

And on a better note, sold a 1.3 million piece of waterfront land on Beach Dr.near Alki today. Gotta pay for those taxes somehow!

About the Author: Eileen Tefft

Eileen has a long and rich background in both residential and commercial sales. She is a CCIM candidate having completed all the course work for this commercial designation and is a broker/owner of RE/MAX Connected and also an investor in LTD Construction and Investments. Eileen believes in real estate as an investment and started her investment career as a real estate syndicator in the mid 80's, much like creating today's REIT's.RE/MAX is a high technology Real Estate Company whose agents love to work with clients on all levels. RE/MAX Connected is a unique combination of real estate sales as well a real estate investment. Eileen is married with 5 children. She is a graduate of UCSD in Chemistry, Biology and Math and holds real estate designations in CRS,CSP,E-Pro, NAREC,ABR to name a few.Eileen is constantly taking classes to further her education.

Comments

1. Comment from Dustin
Time June 5, 2006 at 9:28 am

Such a painful story. :(

Thanks for turning it into a lesson for us all…

2. Pingback from The Tax Man Taketh at the Money & Investing Dogberry Patch
Time June 6, 2006 at 9:00 pm

[...] Over at Seattle’s Rain City Guide, Eileen wrote about the fun of owning multiple companies and the necessity of keeping the tax man happy. She brought up some things I never thought about such as having to have one of your companies charge sales tax to each other when they are both working on the same project! She just went through an audit and it sounds like it was a painful process. [...]

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