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Speaker: Welcome to Real Estate is Taxing,
where we talk about all things real estate

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tax and break down complex concepts into
understandable, entertaining tax topics.

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My name is Natalie Kalady, I'm
your host, and I am so excited

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that you've decided to join me.

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Hello.

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Hello everyone.

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Welcome to today's episode.

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I wanted to take a quick moment
to mention that there is so much

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incredible tax education coming up.

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If you are a tax professional
who is listening.

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And you are hoping to get in some CE this
summer to attend some great webinars.

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I would like to invite you to visit
my website, which is natalie.tax

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and check out everything coming up.

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I'm speaking at multiple conferences.

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I'm going to be all across the country.

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Doing a handful of online webinars,
it is going to be fantastic.

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if you are an investor listening,
come check me out at BP con this year.

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I will be on the tax panel as well
as doing a tax workshop on the first

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day with the amazing Amanda Hunt.

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So today, guys, I want
to chat with you about.

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Something that I think isn't so
much misunderstood, but people just

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choose to willfully do it wrong.

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And I don't understand why I am just
such a purist when it comes to following

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rules that I think are reasonable.

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That's why I'm an accountant.

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That I don't understand why someone
would choose to do something wrong when

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there's not really benefit or where
there's like a cut and dry answer to it.

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Right.

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So.

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Today, what I want to talk to you about
is when you set up a rental property.

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You get to choose your depreciable value.

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And this is because it is not
equal to your purchase price.

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When you buy a rental.

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You are only allowed to depreciate
the building and improvements portion.

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Land.

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Doesn't wear out in theory.

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So when you purchase something as one lump
sum, which is typically what happens when

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you buy a piece of real estate, right.

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You're paying one price for everything.

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You have to use a reasonable
method for splitting the two up.

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And there's a handful
of ways you can do this.

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I have seen some really off the
walls way that people have chosen

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to try to justify for doing this.

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But in the end there's a
handful of reasonable methods.

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So a quick recap.

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Depreciation is basically the
tax codes way of saying if you

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are using an asset over time to
generate income in your business.

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It should go down in value.

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It should be wearing out.

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And so because of this,
they've created in the code.

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A handful of depreciable
lives and methods, so that

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there's a standardized way.

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To depreciate items.

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for real estate, this is 27 and
a half years for residential.

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Or 39 years for anything
that is non-residential.

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what this means when you purchase
a piece of real estate that

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you put in services or rental.

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The value of what you paid for.

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We need to separate out land value
and then the remaining amount for

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your building and improvements.

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We get to write that off, across
that 27 and a half or 39 years.

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When you purchase a property, there's
likely also going to be some other costs.

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Many of these get added
to that starting amount.

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We call it your basis.

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These get added to your
starting basis as well.

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So any of the other costs.

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It took to acquire the property
that are connected to the

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actual asset specifically.

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I often get added into basis.

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So some of these will be on your
closing document, some won't.

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So if you have a Hutter Alda
statement, On there, you will likely

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have some fees related to insurance
or transfer fees, things like that.

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Anything that is specifically related
to the cost of buying the property.

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If there's an inspection
that makes it onto there.

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All of these are going to
get added to your basis.

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Things that don't get added to
basis are going to be things

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like escrow account amounts.

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So if you have to prepay.

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Your homeowner's insurance or prepay
some kind of a buffer into escrow.

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Those don't get added
to basis or expensed.

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They're held in an escrow account.

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This is just a separate account
by the loan company that is

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holding some of your funds.

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So you don't get too expensive or.

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Amortize it it's just there.

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And then you expense it as costs
are paid out of that account.

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If there are expenses on your closing
statement, which are typically these fall

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under the category of items that could be
income or expense, if there wasn't a sale.

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Prepaid real estate taxes Transferred
rents for a new owner or property taxes.

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Most of those things fall
into the expense category.

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Anything that is a prepaid to escrow,
goes into its own separate bucket.

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It is neither an expense nor
something we add to basis.

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And then the other thing to exclude
is going to be your loan costs.

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So any of the costs that are
directly connected to the

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loan to acquire the property.

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Those are amortized separately
over the life of the loan.

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when you buy a property, you have costs
related to the property, and then you

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have costs that the lender specifically
requested or needed to get you the loan.

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They're normally broken out
into a whole separate category

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on your closing statement.

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These loan costs are not tied
to the property necessarily.

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They're tied to that loan,
which might change over time.

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So you're going to want to add
those costs up on their own.

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And you will have a separate line item.

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On your depreciation schedule that
will say loan costs, you know,

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$4,800 or whatever it ends up being.

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And those will be amortized
across 30 years or 15 years,

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whatever the life of your loan is.

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This is important.

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And I often see this overlooked.

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Because a lot of us refinance loans.

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If you have loan fees that you're
still writing off, you know, you're

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only in year 12 out of 15 and you
refinance into a whole new loan.

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The balance of those loan fees.

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From your first loan, you
get to write those off.

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The loan is gone.

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We don't get to keep expensing
stuff for something we got rid of.

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and then that new loan will
have its own new set of fees.

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And those will get added to that
schedule as of that date across

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however many years that new loan is.

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So when you purchase.

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You're going to have on
your closing statement.

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Loan fees.

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That'll be in their own bucket,
amortized over the life of the loan.

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Escrow account items that are not an
income or expense or depreciate it, these

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are just going to be items you prepaid
and there they're going to be expensed

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as they're actually paid to the insurance
company or to the county for taxes.

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The escrow company is basically
just holding them on your behalf.

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And then you will have some closing costs.

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And these are going to be
what we add into basis.

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once you have your closing costs,
And any other costs that took

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you to acquire the property?

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These might be travel costs
to go view the property.

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These might be.

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Additional inspections, or even if you
had tried to buy another property in the

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same city, And it fell through and maybe
that whole endeavor costs you $8,000.

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You know, you had to pay for
some inspections, you put down

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some nonrefundable earnest money.

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And then after all of a sudden done,
you decided it wasn't a good purchase.

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The inspections came back, horrible
building is just like filled with snakes.

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So you walk away from it.

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That $8,000.

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That you put out, but didn't end
up purchasing a property from

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gets rolled into the next property
that you do actually purchase.

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It was a cost.

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That was incurred to
ultimately buy a rental.

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Right.

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It got you to that
final destination there.

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So you get to track all
of those costs as well.

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This is something I get asked pretty
frequently because people will say, you

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know, I spent $12,000 last year looking
at rentals and I didn't end up buying

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one, or I spent this much money, like
going to a new city and investigating

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to try to buy properties there.

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How can I expense it?

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You can't.

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To the IRS.

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Your business is the rental, right?

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Those are one in the same.

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If it doesn't exist yet, if
you literally don't have an

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asset to create a schedule II.

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For a rental property.

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Quote, rental property business.

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There is nowhere to expense.

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These costs.

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You get to track them.

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They're basically your startup costs.

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So any costs that took you pre
purchased that were directly

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related to finding this property?

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And these have to be direct.

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Don't get obscure with it.

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I don't want to hear you.

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Trying to add in costs that you spent
to like watch a webinar four years ago,

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about how houses are built, like Nope.

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Anything directly related, like
you tried to buy a similar house,

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it fell through, you tried to buy
something else in that same area.

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If you were trying to buy a house
across the country, you were looking

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at two different rental markets,
completely different places.

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We don't get to count those.

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Typically it's based on
where you are geographically.

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So, if you are looking at properties
in Florida and also Oregon, and

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you spend some money looking at
properties in Oregon, but you end

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up only buying in Florida, we don't
get to get those Oregon costs yet.

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Not until you quote, open
your business in Oregon.

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Does it count there?

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So.

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Just a few nuances.

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So once you got all of those costs,
your prior costs, your closing

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costs and your purchase costs.

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These are going to create your
starting basis in this property.

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And then from there, we
need to back out land value.

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Because land, we don't get to depreciate.

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It doesn't wear out.

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So we need a way to figure out what
the amount is for the land value.

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So that we know what portion of the
basis is appreciable and what isn't.

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there are a few acceptable
ways to do this.

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And one that I would say is
completely not acceptable.

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There's actually two, I would say
are completely not acceptable.

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So starting with the worst,

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I've heard this from tax professionals,
quote, you can't see I'm air quoting.

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Tax professionals.

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That you should just not depreciate things
like just don't appreciate the property.

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Because when you sell something that's
been depreciated, you have to pay it back.

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So to avoid that recapture later,
just don't write it off today.

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That doesn't work.

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Depreciation is allowed or allowable.

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Which means whether you were sharp
enough to take the benefit year to

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year and actually get your write off.

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When you go to sell it.

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You are going to be
taxed as though you did.

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Anyway.

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The calculation when you sell is
based on the amount of depreciation

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that should have been taken.

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If you didn't take it.

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That's on you.

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You can fix it at that
point, but just know.

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That the idea of don't appreciate
anything at all, because you'll

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pay it back later and think you're
like gaming the system here.

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You are not, you are just setting
yourself up to pay a tax on something

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that you never got any benefit for.

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So the first one is you have to depreciate
depreciable property, not optional.

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The second one is.

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Don't.

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Lump it all together.

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Don't forget about land.

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You always want to
separate out bland value.

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It's not optional either again.

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That is not appreciable.

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So you do have to separate that out.

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It is not uncommon to see an appreciation
report with nothing listed for land.

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And what I will also say as a tip
is whenever possible, if you are

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either doing your own tax return or
you are working with a professional.

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First thing is you will always
want to review this schedule.

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A lot of professionals don't include
it as a default with the tax return.

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Ask for it.

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You need to look at this
and it should be included.

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So you want to look at this schedule
and you should see an amount for

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building or improvements or the house
address, whatever they're calling it.

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And also ideally, a separate
amount for land specifically.

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The reason being without this.

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If, what I see is just one amount
there with nothing separated for land.

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I don't know if five years
ago your tax professional.

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Actually separated land out of there,
and then they just didn't list it

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like, so the amount listed for the
building is actually net of land.

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But they didn't list land.

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So I don't know.

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Or if they didn't back land out
and this is actually too high.

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So having two separate line items
for your depreciable amount of

00:12:38.655 --> 00:12:42.675
building and improvements and
separately for land is ideal.

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And I know I throw out a lot
of these little things that are

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like, this is really helpful.

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Or if you can try to see this ideally.

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And it's because.

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This is going to be a small side.

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Tangent.

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I promise I'll rein it in quickly.

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At this point, 70% of tax professionals
who were practicing in the last 10 years.

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Are at about retirement age.

00:13:03.285 --> 00:13:09.195
So we are having a huge disproportion
and supply demand with available

00:13:09.195 --> 00:13:11.685
tax professionals who are taking
on clients and this and that.

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And it's only going to get harder
to find good tax professionals.

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So every little thing counts.

00:13:19.635 --> 00:13:22.245
And a lot of time with a tax professional.

00:13:22.395 --> 00:13:25.485
Not always, I don't price this
way, but many price based on time.

00:13:26.175 --> 00:13:30.015
So if, when looking at your return,
They now have to go back and look at

00:13:30.015 --> 00:13:33.885
your purchase documents and ask more
questions and like double check things.

00:13:33.885 --> 00:13:35.175
Because looking at this.

00:13:35.805 --> 00:13:37.245
It could be very wrong.

00:13:37.245 --> 00:13:42.015
We don't know if land was netted out or
not just because the prior professional

00:13:42.045 --> 00:13:44.115
got lazy or just didn't think it mattered.

00:13:44.595 --> 00:13:48.705
That adds time and time adds well,
literally time, but also money.

00:13:48.735 --> 00:13:51.975
If you are paying by the hour, you
don't want to pay them for another

00:13:51.975 --> 00:13:54.945
hour of their time looking into
something that should have just been.

00:13:55.395 --> 00:13:56.685
Clearly stated the first time.

00:13:56.925 --> 00:13:59.685
So that's my little
side tangent for today.

00:14:00.385 --> 00:14:02.425
you want to make sure
land is separated out.

00:14:03.235 --> 00:14:07.585
And that there is a reasonable
way for doing it right?

00:14:07.585 --> 00:14:11.515
Because now what you're thinking
is okay, Natalie, but I, I paid

00:14:11.935 --> 00:14:13.825
$200,000 for this whole property.

00:14:13.825 --> 00:14:15.355
How do I know what amount of that.

00:14:15.685 --> 00:14:16.525
Is the land.

00:14:17.335 --> 00:14:19.735
So, like I said, starting
with the worst options.

00:14:20.255 --> 00:14:22.775
The worst one being, not separating land.

00:14:23.055 --> 00:14:24.405
The next option being.

00:14:25.035 --> 00:14:28.245
Using a general rule of thumb.

00:14:28.845 --> 00:14:33.255
I actually know of some pretty like large
reputable tax firms doing it this way.

00:14:33.645 --> 00:14:37.995
Based on, based on laziness, they'll
call it efficiency, but doing something

00:14:37.995 --> 00:14:42.255
wrong with the hopes of not getting
caught is not efficiency to me.

00:14:42.285 --> 00:14:42.585
Right.

00:14:42.585 --> 00:14:45.255
Like, but you know, whatever,
not my, not my circus.

00:14:45.735 --> 00:14:51.765
So the general rule of the method would be
saying that we always use on any property.

00:14:52.275 --> 00:14:57.105
Like an 80, 20 split or 85 15,
where we'll take 80% of the

00:14:57.105 --> 00:14:58.635
value is building and 20 is land.

00:14:59.025 --> 00:15:01.365
We just use that no
matter what on anything.

00:15:02.145 --> 00:15:02.715
And.

00:15:03.525 --> 00:15:08.875
This is an appropriate, it's not something
that is like an actual method of any sort.

00:15:09.475 --> 00:15:14.995
Because property and land values
can be significantly different.

00:15:15.535 --> 00:15:16.885
Based on where you are.

00:15:17.695 --> 00:15:19.015
I used to live in Seattle.

00:15:19.255 --> 00:15:21.925
And when I lived there, I would
have clients whose properties

00:15:21.925 --> 00:15:23.155
would have a land value.

00:15:23.515 --> 00:15:26.365
That was often the bulk of the value.

00:15:26.755 --> 00:15:29.365
I've seen land values over 70%.

00:15:30.265 --> 00:15:34.945
So in Seattle, you would have closer
to an inverse of that standard where

00:15:34.945 --> 00:15:40.825
it's closer to 70% of the value
being land, which is non depreciable.

00:15:41.155 --> 00:15:43.195
And then only 30 being the building.

00:15:43.855 --> 00:15:48.445
Versus when I have clients who own
properties in tiny towns in rural

00:15:48.445 --> 00:15:55.825
America, it is like 90%, 95% building
value and only 5% is the land.

00:15:56.305 --> 00:15:57.565
So land value.

00:15:58.015 --> 00:16:01.825
Is not, not equal for every property.

00:16:01.855 --> 00:16:03.265
The next option.

00:16:04.225 --> 00:16:07.285
The next three, I would
say are reasonable.

00:16:07.315 --> 00:16:08.845
You can use any of these three.

00:16:09.295 --> 00:16:09.865
And.

00:16:10.495 --> 00:16:14.365
The one that I typically will start
with and I recommend you start with as

00:16:14.365 --> 00:16:17.995
well, is the county assessors amounts.

00:16:18.745 --> 00:16:19.345
Now.

00:16:20.045 --> 00:16:24.545
I don't know about you guys, but my county
seems to think properties are worth.

00:16:24.965 --> 00:16:28.805
All kinds of values that are nowhere
near current purchase prices.

00:16:28.805 --> 00:16:29.975
Current fair market value.

00:16:29.975 --> 00:16:31.655
They're often skewed.

00:16:32.285 --> 00:16:33.725
For the overall value.

00:16:34.655 --> 00:16:35.915
No argument there.

00:16:36.335 --> 00:16:43.235
But the argument being that someone
who works formally for the county, like

00:16:43.685 --> 00:16:47.315
someone in this role has more knowledge.

00:16:47.705 --> 00:16:51.785
And more of an appropriate
skillset to separate out.

00:16:52.145 --> 00:16:53.315
Land and building.

00:16:53.975 --> 00:16:55.745
Then just you or I do.

00:16:56.135 --> 00:16:56.435
Right.

00:16:56.435 --> 00:17:00.005
So county assessor website,
you're going to go to the county.

00:17:00.395 --> 00:17:03.635
If you search for your
county plus real property.

00:17:04.175 --> 00:17:09.665
Your county plus real property lookup
your county plus real property.

00:17:10.005 --> 00:17:13.965
Value any of these keywords
should hopefully land you there.

00:17:14.275 --> 00:17:18.475
Your county plus assessor plus real
property, like throw these all in there

00:17:18.475 --> 00:17:20.095
to try to get you to the right page.

00:17:20.725 --> 00:17:22.165
Depending on where you are.

00:17:22.165 --> 00:17:26.555
Some of these are like
Wix page built in 1998.

00:17:26.555 --> 00:17:27.245
It seems so.

00:17:27.245 --> 00:17:29.495
They're hard to find if
you're in a smaller county.

00:17:29.975 --> 00:17:33.215
Some of them aren't available online and
you have to contact the county, but most

00:17:33.215 --> 00:17:35.075
are, and most are pretty easy to find.

00:17:35.775 --> 00:17:37.665
So you were going to go
to the county website.

00:17:38.235 --> 00:17:41.025
And you are going to look
up your properties address.

00:17:41.895 --> 00:17:42.405
From there.

00:17:42.405 --> 00:17:47.895
It is going to give you a summary
page that should have values for land.

00:17:48.345 --> 00:17:49.335
Improvements.

00:17:50.025 --> 00:17:52.215
Building sometimes they're
separate because there might be

00:17:52.215 --> 00:17:53.595
like a shed or an outbuilding.

00:17:54.295 --> 00:17:57.775
And what you are going to do is you're
going to want it for the current year.

00:17:57.805 --> 00:18:00.265
We want the current year, whenever
you're putting the property in service.

00:18:01.135 --> 00:18:02.575
And you are going to use.

00:18:03.175 --> 00:18:04.855
The ratio they use.

00:18:04.885 --> 00:18:07.885
I do not use the literal amounts.

00:18:08.575 --> 00:18:14.425
So if they say that the land
is worth $20,000, And the

00:18:14.455 --> 00:18:16.975
building is worth $80,000.

00:18:17.365 --> 00:18:23.245
You are going to take 80% and multiply
it by whatever your actual basis

00:18:23.245 --> 00:18:25.255
is, whatever that total is of what.

00:18:25.555 --> 00:18:28.945
You paid with closing costs and
other costs to get the property.

00:18:29.785 --> 00:18:32.305
That is what you are multiplying by 80%.

00:18:32.875 --> 00:18:35.035
You were not just using
the literal number.

00:18:35.455 --> 00:18:38.545
They are saying it's
worth, that's not reliable.

00:18:39.115 --> 00:18:43.735
The percentage, the allocation between
land versus building is what we're using.

00:18:44.215 --> 00:18:49.045
So you want to take that same ratio and
apply it to whatever your actual cost was.

00:18:49.615 --> 00:18:51.205
This is the most common method.

00:18:52.015 --> 00:18:55.075
And this is what I would recommend
doing as your starting point.

00:18:55.465 --> 00:18:57.955
And make sure you save
a copy of that page.

00:18:57.985 --> 00:19:00.145
Like print it to a PDF,
save it in your file.

00:19:00.565 --> 00:19:04.225
In case this is ever questioned, you can
prove where you got that number from.

00:19:04.615 --> 00:19:09.205
Because a lot of counties don't keep
historic data on this up forever.

00:19:09.265 --> 00:19:10.045
It's pretty limited.

00:19:10.745 --> 00:19:13.775
The next thing to look at
would be your appraisal.

00:19:14.615 --> 00:19:18.305
When you purchased the property, there's
a good chance you had an appraisal done.

00:19:18.305 --> 00:19:20.495
If you used a lender.

00:19:21.335 --> 00:19:23.585
Some appraisals go into land value.

00:19:23.585 --> 00:19:24.455
Some do not.

00:19:25.025 --> 00:19:29.555
So if your appraisal has a detailed
site value appraisal with it,

00:19:29.555 --> 00:19:33.365
or land value assessment, land
value appraisal, as part of it.

00:19:33.995 --> 00:19:35.585
Then you could use this amount.

00:19:36.215 --> 00:19:37.265
Not all appraisals.

00:19:37.265 --> 00:19:37.625
Do.

00:19:38.105 --> 00:19:42.215
What I typically do as my starting
point is I look at both of these.

00:19:42.725 --> 00:19:44.045
And I see, which is better.

00:19:44.525 --> 00:19:48.395
So they're often pretty close, but it's
always worth it to look at the county,

00:19:48.425 --> 00:19:50.285
figure out what the amount would be.

00:19:51.035 --> 00:19:53.105
On the county, like using that ratio.

00:19:53.585 --> 00:19:56.765
And then also look at your appraisal
and see what your land value is there.

00:19:57.215 --> 00:20:00.605
The goal is typically you want
the lowest land value possible.

00:20:01.355 --> 00:20:03.095
Because of the more
building value you have.

00:20:03.605 --> 00:20:08.285
The more depreciable value you have, which
means the more your annual write-off is.

00:20:08.355 --> 00:20:09.675
Your third option.

00:20:09.675 --> 00:20:10.755
That is.

00:20:11.175 --> 00:20:16.095
I would say a little less reliable,
but still could be defended is having

00:20:16.125 --> 00:20:18.585
a like limited scope appraisal done.

00:20:18.895 --> 00:20:21.685
Or a site value done by an agent.

00:20:22.055 --> 00:20:23.555
Who was basically pulling comps.

00:20:24.275 --> 00:20:28.235
So, if you think that both of
those first two values are way off.

00:20:29.045 --> 00:20:34.645
If you have an agent who is
skilled and who is appropriate

00:20:34.645 --> 00:20:37.765
to pull comparable values for.

00:20:38.275 --> 00:20:42.415
Raw land that has sold
nearby in a recent timeframe.

00:20:43.115 --> 00:20:44.825
That can be used as well.

00:20:45.345 --> 00:20:50.445
if they can literally prove that,
well, I can show 12 other lots that

00:20:50.445 --> 00:20:54.615
are the same size that have sold within
the last six months within a mile.

00:20:55.005 --> 00:20:56.745
And they were all of this value.

00:20:57.225 --> 00:21:00.105
You have an argument for the
value of your lot as well.

00:21:00.615 --> 00:21:04.905
So those are the three methods I would
recommend using kind of in that order.

00:21:04.995 --> 00:21:06.705
I always do one and two together.

00:21:06.735 --> 00:21:10.485
Like I will always do look at
the county assessor, look at the

00:21:10.485 --> 00:21:11.955
formal appraisal from purchase.

00:21:12.375 --> 00:21:13.155
And compare them.

00:21:13.845 --> 00:21:17.745
If both of those are awful, or we
just want more information, I will

00:21:17.745 --> 00:21:22.635
suggest that the taxpayer have a
list of land comms, polled as well.

00:21:23.325 --> 00:21:26.775
those are kind of your options for
choosing your land versus building value.

00:21:27.375 --> 00:21:28.875
Going past that.

00:21:29.565 --> 00:21:31.875
It has to be a reasonable amount.

00:21:32.535 --> 00:21:34.965
I recently had a.

00:21:35.955 --> 00:21:37.425
A few people reach out to me.

00:21:37.815 --> 00:21:41.625
From a real estate group where I had
spoke at one of their conferences

00:21:41.625 --> 00:21:43.405
and they had they had a CPA.

00:21:44.005 --> 00:21:46.735
On a podcast recently or something
like that related to the group.

00:21:46.735 --> 00:21:48.205
And so a couple of
people worked with them.

00:21:48.685 --> 00:21:51.925
And then a couple of people reached
out to me after, cause they were like,

00:21:51.925 --> 00:21:53.245
Natalie, this doesn't seem right.

00:21:54.085 --> 00:21:56.245
And this CPA had just chosen.

00:21:56.785 --> 00:21:58.795
I have no idea where he
came out, but the amounts.

00:21:59.275 --> 00:22:03.085
But on 25 different properties,
I looked at, none of them had a

00:22:03.085 --> 00:22:05.995
land value of more than $5,000.

00:22:06.535 --> 00:22:11.365
And these were some properties were 600,
$700,000 and it would be like $4,800 land.

00:22:12.265 --> 00:22:13.105
I have no idea.

00:22:13.465 --> 00:22:14.785
Where they came up with that amount.

00:22:15.535 --> 00:22:18.235
And the other thing I
will note as a red flag.

00:22:19.195 --> 00:22:23.365
Or like a, I guess an orange flag,
like slow down and take a look at this.

00:22:23.365 --> 00:22:24.835
If you see it on your tax return.

00:22:25.535 --> 00:22:28.535
If you get those taxes
from your tax professional.

00:22:29.195 --> 00:22:32.855
And on your depreciation schedule,
if the amounts are exact dollar

00:22:32.855 --> 00:22:35.855
amounts, That's pretty unlikely, right?

00:22:35.855 --> 00:22:38.375
maybe your purchase price
was an exact dollar amount.

00:22:38.375 --> 00:22:40.025
Like you paid $200,000.

00:22:40.655 --> 00:22:42.725
But then there's some
fees and closing costs.

00:22:42.725 --> 00:22:46.595
And once all of that is added in,
and then we split it with a ratio.

00:22:47.015 --> 00:22:50.435
The odds of that all landing
on exact even dollar amounts.

00:22:50.945 --> 00:22:54.395
And I round I'm not talking like pennies,
like we're not talking that it should be.

00:22:54.785 --> 00:22:58.145
You know, $12,500 and 82 cents.

00:22:58.835 --> 00:23:04.025
But if the amounts are
12,500 and like 102,000.

00:23:04.745 --> 00:23:06.995
That's normally pretty unlikely.

00:23:07.325 --> 00:23:10.025
When it's like exact round
large numbers like that.

00:23:10.025 --> 00:23:11.405
So always question that.

00:23:11.975 --> 00:23:12.965
To warnings with it.

00:23:12.965 --> 00:23:14.915
One is I've had someone where.

00:23:15.755 --> 00:23:17.945
They almost understood
how to do this correctly.

00:23:18.755 --> 00:23:22.535
And they used the literal land
amount from the county website.

00:23:23.235 --> 00:23:27.195
And the problem was that they
then applied the ratio to figure

00:23:27.195 --> 00:23:28.695
out their building amount.

00:23:29.415 --> 00:23:32.025
So it's like they sorted, they almost
got it, but they missed a part.

00:23:32.835 --> 00:23:36.165
And so the end result was
their total amount listed.

00:23:36.495 --> 00:23:39.645
Was actually more than what
they had paid for the property.

00:23:40.125 --> 00:23:43.215
Because they separated out building
value, but then the land for the county

00:23:43.215 --> 00:23:46.575
was higher than what the land would
have been based on what they paid.

00:23:46.605 --> 00:23:49.935
And so, because they use the
sort of whoops, mix and match.

00:23:50.385 --> 00:23:53.535
When we went to sell it, I was
like how does your tax return list

00:23:53.535 --> 00:23:57.465
this property at $28,000 more than
what you actually paid for it?

00:23:58.005 --> 00:23:59.655
So be cautious with these.

00:23:59.715 --> 00:24:01.665
I see a lot of mistakes related to this.

00:24:02.365 --> 00:24:06.415
Like I said, that CPA, I have no idea
where he was getting like $4,000 on

00:24:06.415 --> 00:24:09.235
these large properties for land value.

00:24:10.045 --> 00:24:10.675
I've got nothing.

00:24:10.705 --> 00:24:11.545
I have no idea.

00:24:12.185 --> 00:24:14.195
But we do have one court case on this.

00:24:14.225 --> 00:24:15.425
It's the Nielsen case.

00:24:15.965 --> 00:24:21.395
So, if you want to read the tax court
summary of opinion, it's 2017 dash 31.

00:24:21.965 --> 00:24:26.595
And in this case, this person
bought properties in California.

00:24:27.125 --> 00:24:30.335
and the taxpayer did not
separate out land value.

00:24:30.665 --> 00:24:32.975
So they were depreciating the full amount.

00:24:33.425 --> 00:24:37.265
Of everything they paid, which
included building and land

00:24:37.265 --> 00:24:38.825
value, they did not separate it.

00:24:39.395 --> 00:24:39.965
So.

00:24:40.665 --> 00:24:43.995
When this was looked at under
audit, they were like, well, your

00:24:43.995 --> 00:24:47.085
depreciation seems too high for
these properties and this and that.

00:24:47.685 --> 00:24:50.295
So for example, on one property.

00:24:51.195 --> 00:24:54.975
The taxpayer had paid $360,000 in 2003.

00:24:55.545 --> 00:24:57.705
And there were three
buildings on it at the time.

00:24:57.705 --> 00:24:59.445
It was a multiunit property.

00:25:00.045 --> 00:25:04.305
In 2012, when this was being looked
at, the county had the property

00:25:04.305 --> 00:25:07.425
valued at 4 25 and some change.

00:25:07.965 --> 00:25:09.015
But of that.

00:25:09.255 --> 00:25:10.995
Oh, that 425,000.

00:25:11.475 --> 00:25:13.755
$236,000 was land.

00:25:14.085 --> 00:25:19.815
So this was a situation where land
value was the majority of the value.

00:25:20.235 --> 00:25:21.045
Versus building.

00:25:21.045 --> 00:25:22.635
So this is why it really
matters where you are.

00:25:22.635 --> 00:25:24.105
This was right outside of LA.

00:25:24.405 --> 00:25:26.355
So land value was most of the value.

00:25:26.715 --> 00:25:28.305
So it worked out to.

00:25:28.665 --> 00:25:32.325
The building value, the improvements,
the part that the taxpayer should get

00:25:32.325 --> 00:25:35.625
to depreciate would have only been 44%.

00:25:36.105 --> 00:25:37.155
Of the total amount.

00:25:37.755 --> 00:25:41.715
This means they were taking like
60% more of an annual write-off

00:25:41.715 --> 00:25:43.035
than they should've been.

00:25:43.605 --> 00:25:45.555
So they fought about it.

00:25:45.555 --> 00:25:46.965
They took it to tax court.

00:25:47.665 --> 00:25:50.065
And the taxpayer's argument was that.

00:25:50.785 --> 00:25:53.545
The county assessors are
nowhere near accurate.

00:25:54.355 --> 00:25:57.055
And like I said earlier, I would
agree with that as a whole.

00:25:57.085 --> 00:25:57.295
Right.

00:25:57.295 --> 00:26:00.025
I think the total amount,
they value things that is.

00:26:00.445 --> 00:26:04.705
Nowhere near what people have
paid for properties fairly often.

00:26:05.335 --> 00:26:08.695
But this was their argument was that
the county assessor was just inaccurate.

00:26:09.055 --> 00:26:10.705
It doesn't excuse the part of them.

00:26:10.885 --> 00:26:12.625
I'm not backing out land.

00:26:12.655 --> 00:26:14.755
They didn't make a good
faith attempt at it.

00:26:15.595 --> 00:26:19.795
But at the end of the day,
What the tax court landed on.

00:26:20.665 --> 00:26:24.175
Was this idea that well,
you, as a taxpayer.

00:26:24.655 --> 00:26:28.825
Might be more qualified to speak to
the actual value of your property.

00:26:28.855 --> 00:26:30.925
Like, you know, what you
paid for it, you know what.

00:26:31.345 --> 00:26:34.165
What similar houses sold for,
you were probably looking at

00:26:34.165 --> 00:26:35.575
properties really similarly.

00:26:35.575 --> 00:26:37.165
So they were like, no argument.

00:26:37.645 --> 00:26:40.615
That you have a good idea of
the value of your property.

00:26:41.455 --> 00:26:43.135
Where their issue was.

00:26:43.645 --> 00:26:48.295
Was that they felt that even if you
know the value of your property,

00:26:49.105 --> 00:26:51.835
You are in no way qualified to know.

00:26:52.285 --> 00:26:58.285
The allocation amounts or how to properly
allocate within that value, how much

00:26:58.285 --> 00:27:00.715
is building versus how much is land.

00:27:01.355 --> 00:27:05.885
And the court felt that the county
assessor was a much more reliable option.

00:27:06.335 --> 00:27:11.165
So ultimately the tax court has kind
of stamped off on the county, assessor

00:27:11.225 --> 00:27:15.335
allocation, being something they
consider to be a reliable method to use.

00:27:15.785 --> 00:27:17.675
So that's what I recommend starting with.

00:27:18.255 --> 00:27:19.905
But there are a few different options.

00:27:20.575 --> 00:27:25.375
So as always, I hope that this episode
provided some value for you guys and

00:27:25.375 --> 00:27:29.755
helped add a little clarity on how
to set up your land versus building

00:27:29.755 --> 00:27:32.275
value for a new rental property.

00:27:32.935 --> 00:27:36.745
If you have any followup
questions, I would love to invite

00:27:36.745 --> 00:27:38.335
you to join me on Facebook.

00:27:38.695 --> 00:27:40.705
I do have two different Facebook groups.

00:27:40.705 --> 00:27:44.845
If you're a tax professional, please
come check out the rental and real estate

00:27:44.845 --> 00:27:47.125
taxation for tax professionals group.

00:27:47.605 --> 00:27:50.575
If you are a real estate investor,
please come join us in the real

00:27:50.575 --> 00:27:52.045
estate tax strategies group.

00:27:52.405 --> 00:27:57.235
I will have links for both in the show
notes and as always, I would love it.

00:27:57.235 --> 00:28:01.945
If you would like share and
follow and feel free to submit.

00:28:02.275 --> 00:28:04.855
Ideas for new episodes coming forward.

00:28:05.305 --> 00:28:06.295
Thanks so much guys.

00:28:06.325 --> 00:28:07.885
And I will talk to you next week.