The Tax-Smart Way To Move Real Estate Into A Corporation

About this episode

Eliot Thomas and Barley Bowler discuss tax-smart strategies for moving real estate into a corporation and answer listener questions on various related topics.

In this episode, Anderson attorney Eliot Thomas, Esq., and CPA Barley Bowler tackle a wide-ranging set of listener questions on retirement accounts, real estate strategy, and business tax planning. They explain the key differences between non-recourse and DSCR loans inside a Solo 401(k), and why maintaining non-recourse status is critical to avoiding a devastating unrelated debt financing income hit. They walk through how to properly establish state residency when relocating and cashing out a 401(k), and clarify why donating fully depreciated work trucks to charity won't produce a charitable deduction or avoid recapture. Eliot and Barley also lay out a detailed framework for strategically unwinding a rental portfolio — factoring in passive losses, real estate professional status, and sale timing. They break down the reverse mortgage interest deduction rules for a mixed-use property, explain how insurance proceeds and roof capitalization work after hail damage, and make a strong case for why real estate should always be transferred — never sold — into a disregarded LLC. The episode closes with a warning about Universal Business Organization Trusts, a rarely used entity type that…

People in this episode

Host: Eliot Thomas

Guests: Barley Bowler, Eliot Thomas Esq

Topics covered

• retirement accounts
• real estate strategy
• business tax planning
• non-recourse loans
• DSCR loans
• state residency
• 401(k) cashing out
• charitable deductions
• rental portfolio unwinding
• passive losses
• real estate professional status
• sale timing
• reverse mortgage interest deduction
• insurance proceeds
• roof capitalization
• disregarded LLC
• Universal Business Organization Trusts

Keywords

• tax planning
• real estate transfer
• fraudulent tax schemes

Mentioned in this episode

Places: Colorado, Arizona, California

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