Details of the Payroll Protection Program Flexibility Act (PPPFA)

Utah Real Estate Investors Association

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Just when we thought that the business-related news might slow down for business owners...

Not only are unemployment numbers improving (much to the surprise and delight of the stock markets), but ...

Congress passed, and the President has signed a bill that affords businesses who received the PPP (whether in the first or second round) some big flexibility when it comes to applying for forgiveness.

Namely:

  1. 60% Threshold: Business owners  around the country only need to use 60% of the loaned money for payroll*, not 75% as previously required. The other 40% can be used on rent / mortgage, utilities, and loan interest.
  2. 24 Weeks: Business owners can now spend this money
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The Risks of Hard Money Lending: Part 2 of 3

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In Part 1 we defined various types of loans and mortgages, which you should read if you haven’t. Be clear that making a closed-end, first position loan for the purchase of real estate is a licensed activity. This is where a lot of investors are taking a big risk.

This is because many investors are loaning funds without understanding the licensing issues. And many others are getting friends and family to loan them money. This can put your Uncle Joe or Aunt May at risk as well. While there may be arguments or exemptions that permit making these loans, there are arguments that it requires a mortgage originators license! The Division has broad authority over these kinds of loans!

Just because there are arguments in your favor, does not mean you will be successful if you—or your lenders—are investigated by the Division. If they deem that you have engaged in mortgage loan origination, the fines can be very steep. Before you engage in making or getting these loans from others, you should truly understand the rules and risks, and how to structure these loans correctly. That is beyond a blog post. You should consult an attorney.

In the above examples, I have assumed that the lender earning the interest is loaning his own money. There is a big difference if you are loaning other people’s money in which you make a fee or spread. What you’re doing now is “connecti
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Which Stimulus Payments Are Taxable (and Which Aren't)

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"Oh, my friend, it's not what they take away from you that counts. It's what you do with what you have left." - Hubert Humphrey

As difficult as it might be right now, let's project forward to next year.

Let's cross our fingers and believe that we all get through this donkey of a year that is 2020.

Maybe you have a business that clung to life, and you're headed towards recovery in 2021. You took the PPP, or perhaps the EIDL (or both). Or perhaps you had to take unemployment for a period of time, but are slowly (but surely) getting back on your feet. The economic stimulus checks helped.

But then ... taxes are due.

Uh oh.

W
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Time for Some GOOD NEWS

Utah Real Estate Investors Association

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It feels to me that we're all in need of some good news.

I have some great news for the young (ish) and the old (ish), but before I get there, I'd like to encourage EVERY person who is reading this:

Keep your head in the game.

Yes -- we can so easily get caught up in seemingly nefarious schemes on every side. Whether you are Team ReOpen or Team StayLockedDown ... there are data points and new stories plentifully available to bolster your case.

But what are you doing about what YOU can control?

That's the game right now.

Many people receive these emails that I send out. But of all of them, in point of fact, there might be only a small handful that have actual power to enact change by influencing minds or implementing action.<
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Trusts and Real Estate, Part 2 of 4: The Real Estate Trust

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This article continues our discussion of trusts, specifically the real estate trust. First, only a couple of states, like Florida and Illinois, have true “land” trusts. I won’t get into the legal details on how they are different, as that gets complicated. Just know that unless you live in these states you are NOT using a land trust. This gets confusing as many investors attend educational events where these trusts are taught or sold without distinguishing them.

The rest of us have something a little different. We call these trusts real estate trusts, asset holding trusts, property trusts or the like. They are really just simple living trusts but should be created by a knowledgeable attorney. They are designed to hold title for privacy purposes and facilitate transactions such as wholesaling or even selling real estate.

Trusts are a kind of legal entity (like LLC) that can own things. They can be a named buyer on a purchase contract and be named on county land records. Because trusts are not registered with the state, no one will
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PPP Forgiveness and Your Taxes

Utah Real Estate Investors Association

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Well, if you were wise, you probably saw this coming.

Turns out ... if you received a PPP loan, that the expenses you pay from the proceeds of this (forgivable) loan ... are not deductible for businesses.

Ouch.

The IRS just released new guidance to this end (which is being protested by CPA associations). This reduces the value of this "loan", depending on your tax rate.

And it's a good lesson for all of us: Congress can do whatever it likes. And it doesn't need to tell you in a timely fashion. It can come in at the 11th hour and change everything.

Welcome to my world.

That said, your tax pro can do certain things on your company
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Trusts and Real Estate, Part 1 of 4: The 3 Trusts Used in Real Estate

Utah Real Estate Investors Association

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All investors will certainly hear about the use of trusts in their real estate business. Most investors may encounter these trusts in some way. A few will use them regularly. The fact is, there are a number of different kinds of trust used both in real estate and our personal lives. This set of 4 articles will highlight the types of trusts most commonly encountered by real estate investors. Here we generally cover the 3 trusts used in REI, and then we’ll follow up with an article on each one.

The first one is most commonly called a “land” trust. This is not super accurate! Only a few states actually have true land trusts as they are very specific types of trusts authorized by the state. For the rest of us, we use property trusts, real estate trusts, holding trusts or the like. These are simple revocable (changeable) trusts designed to simply own real estate—either by contract or title. These trusts are used for privacy purposes and to facilitate many REI transactions.

The second trust is the standard family living trust. This is a much larger and complicated trust as it’s design
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Scammers are Everywhere Right Now

Utah Real Estate Investors Association

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Anytime (like now) that there is a rollout of government assistance, you can count on two things:

1)    Bumps in the road (it's hard to manage many millions of people needing help)

2)    SCAMS

I haven't yet heard of any of my clients or friends being taken in by this stuff, but I did want to alert you to this dynamic.

How to make sure your check is the right check.

Most of the Economic Impact Payments (i.e. stimulus checks) have been direct deposited by now. So if you have NOT received it, you might want to check the status using the tool the IRS has set up here:

https://www.irs.gov/coronavirus/economic-impact-payments

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