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Partnership profit splitting..

Posted by Ward-CA- on September 15, 2003 at 4:01 PM

In Reply to: investor & rental posted by Camille Calenda on September 15, 2003 at 10:52 AM

: Hi Ward!

: We have a rental property that we want to split 50/50 with an investor. My questions are:

: 1. If the investor puts up all the cash to buy the property and we rent it out for $1500 per month...how do you split the $1500?

: 2. Do they get all the depreciation and write offs?

: 3. Do they pay for all the repairs all the time?

: 4. Would you do a separate LLC for the property or just have the property have it's own trust tax ID#?

: Thanks a lot!
: Camille :)

===================

Camille,

#1. We hold title to the property in a THT (title holding trust). We deposit all income, including the monthly rent, into the trust's checking account. Then every month we pay ourselves a 10%-of -the-rent management fee.

Split of INTERIM PROFIT:
Then in December of each year we distribute 80% of the account balance in a 50/50 split between ourselves and the beneficiaries (the investors) of the THT (title holding trust).

Split of FINAL PROFIT:
When we finally dispose of the property we then split the net proceeds after close of escrow on a 50/50 basis between ourselves and the beneficiaries. We take the precaution of holding back $1,000 balance in the bank account for a year following the close of escrow for any expenses that might surface later (like supplemental property tax bills, tax return bills, accounting fees, etc.)

#2. The beneficiaries of the trust all the depreciation and write-offs via a partnership tax return. The beneficiaries each get a K-1 for their federal and state tax returns.

#3. All costs, repairs, and fees of any kind are paid out from the trust's bank account.

#4. Put the property into a THT with its own EIN. Your LLC should be the trustee.




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