The XBroker: How To Maximize Your Income and Minimize Your Liability as a Real Estate Professional

How To Maximize Your Income and Minimize Your Liability as a Real Estate Professional

bagman.jpgAllow me to introduce myself; I’m the XBanker – a business-financing insider, shedding some light on the murky world of small business lending and business credit. This is the first post in a 4 part series focusing on business strategies for Real Estate Professionals.

Tom Peters’ article in Fast Company several years ago: The Brand Called You, had a drastic impact onimages.jpeg my life and career. I quit looking at myself as an employee and instead as an independent business and brand. I highly recommend this article to everyone, regardless of career. Since branding isn’t my bag – I’m not going to pretend that it is by discussing it here.

If you invoice for your services or receive a 1099 from an “employer” – chances are that you pay too much in taxes, unduly burden your personal credit and are missing out on a huge opportunity to access cash and credit for growing your business.

Last year I invited a handful of listing agents into my home to win my business. Each conversation turned to the very topics that I’m going to address in this series. One of the agents in particular was walking the razor’s edge. His family-run real estate team was making close to $1m/year in commissions. This was on top of a number of income-generating investment properties. After 15 years in business, this professional was still operating as a Sole Proprietor. Not only was he paying way too much of his income in taxes, he was literally a car accident away from losing everything. If that wasn’t enough, he needed float to cover his team in a slowdown and reserves to jump on investment opportunities – without drawing upon the equity in his home. My advice for him is the same that I extend to you.

The first thing that you need to do is to incorporate. I’ll keep this really simple: form an S Corporation. My simple rule is: corporations for business activities, LLCs for holding assets (such as real estate); if you have a business partners that you aren’t married or related to, form an LLC for your business (but still form an S Corporation for your interest and income). Your tax advisor should be able to adequately address the advantages of these structures. I’ll address tax benefits in my next post, but please keep in mind that tax savings is just one component of what I’m addressing; obtaining capital is my primary focus.

Forming a corporation is the first step of separating you from your business activities. Once the separation is complete, you can build a credit profile for the business and begin to obtain business loans and lines of credit. I’ll provide some tactical strategies for optimal positioning for your corporation to obtain financing. In my next post, I’ll focus on the tax benefits of creating this separation.

23 commentsJeff Corbett • February 27 2008 07:30PM

Comments

Hi Jeff, thanks for posting the business advice.  We have so many things to think about and keep track of!  By the way, I agree with you about Dustin!  He is great. 


Posted by Susie Blackmon~Ocala~Real Estate~Horses~ Horse Farms~Ranches~Marketing. over 2 years ago
Thanks Jeff my CPA has advised me to form a corporation to protect myself.
Posted by John Walters (Licensed in Slidell, Louisiana) (Slidell, Pearl River, Lacombe) over 2 years ago
This is great advice and I am looking forward to the rest of the parts!
Posted by Susan Davis, Van Buren, Fort Smith, AR Real Estate (Higher Impact Marketing) over 2 years ago
Thanks for the advice. That is exactly what my current real estate mentors suggested to me, good to hear it from other sources to help keep it at the top of my list of things to do.
Posted by Robert Arnold, Lake Livingston Real Estate (Brooks Prime Properties) over 2 years ago
Just for the record, Im not the XBanker...but I know where he got the name and idea from ;)
Posted by Jeff Corbett (7DS Associates) over 2 years ago

Hey Jeff...welcome aboard..I am also late into the real estate career after 30 years spent in a world of employees and inventory, I too see agents with no idea about how to cover their expenses, or taxes..If I were on the committee for agent training  I would make it mandatory for a class called " Lets pretend you have a great year" ...We would go over the results of hitting the jackpot without having the proper setups in place FIRST...I have bought businesses in the past from owners who became overnight sucesses and didn't buy equip, or have proper corporate structure..the tax bill was enough to put them under after they had been the most successful..

Good for you. keep on posting..its up to those of us that know how to share with our fellow rainers...who else is going to..their brokers??? I don't think so...I look forward to seeing your followup posts in this series.

Posted by Mike Norvell Sr / Norvell Consulting Group (United Solutions of America, LLC) over 2 years ago

* best post I've read today.

Thank you.

Posted by Greg Nino Houston Texas (RE/MAX West Houston Professionals) over 2 years ago

Hi Jeff - I've read a number of times that all of us should consider a S corp, and I keep meaning to look further into to it understand the reasons why.  I'll check out your links to learn some more on this...thanks for the post!

Ann

Posted by Portsmouth NH Homes Condos - Ann Cummings New Hampshire REALTORĀ® (RE/MAX Coast to Coast - Portsmouth New Hampshire) over 2 years ago

I am in the process of doing a LLC for my staging business so to protect my personal assets. I think eventually I will switch to a corporation as well. But is it necessary to do both at the same time?

Cheers,

Cindy

Posted by Cindy Lin // Staged4more & EcoJoe (Staged4more Home Staging & Redesigns) over 2 years ago

 

Jeff,

 

When it rains, it pours-this is a tsunami!

All of these posts are guts level and info forward. I am glad to see you here - and wherever you are.

...You could not sqeeze all of these into a twitter, that is for sure!

Steve

 

 

Posted by Obeoman Glade Jones (www.obeo.com) over 2 years ago

Cindy, I'll address your question in more detail in the 3rd post of the series. In short, the history of your business will impact your ability to get financing - so I would form your entities sooner than later. Like I stated in the post, most businesses will do best with an S Corporation (unless you have partners). Before you look to employ a multiple entity strategy make sure to speak with a competent tax adviser - keep it simple.

Mike - Amen brother!

I look forward to all your feedback on the rest of the series.

 

- The XBanker 

Posted by The XBanker over 2 years ago
Thanks Jeff.  Sounds like several people can use your advice.  I have an S-corp for investment properties and protect my real estate business activities with an LLC.  I hope that you plan to cover investment diversification in one of your articles.  If not, maybe I'll work up a post.  The benefits of having a well-rounded portfolio should be evident now more than ever. 
Posted by Erik Hitzelberger, --Louisville-Middletown Real Estate (RE/MAX Alliance - Louisville REALTOR-Luxury Homes) over 2 years ago
Jeff, Well written post and attention holding.  I'm not sure how I landed on this post, but am glad that I did.  It will be interesting to see what's next.  I believe that you have an audience.
Posted by Judi Barrett Integrity Real Estate Services, 580-212-5946 over 2 years ago
Jeff - Great post and very timely for me!  Thanks for the advice and I am looking forward to more of your posts!
Posted by Leesa L. Finley -Wake Forest NC REALTORĀ® Wake Forest NC & Raleigh NC Real Estate (Circa Properties - Your Wake Forest NC Homes Specialist) over 2 years ago

Hi Jeff, Goo dot see you. I've had an S corp for 10 years now. It definitely helps in the tax area. In Florida a salesperson cannot be an officer or director of an real estate s corp. They can however be a PA. I would imagine all States have different laws relating to this for the real estate professional.

So who is this Xbanker? That would piss me off.

Posted by Bryant Tutas-Tutas Towne Realty, Inc over 2 years ago
Thanks Jeff, Looking forward to the rest of your series and learning some well needed lessons
Posted by Michael Eisenberg, Bellingham Realtor (eXp Realty) over 2 years ago

Jeff - since laws (and taxes) are constantly changing, it's important for us to know the pros and cons of various entity arrangements. I'm looking forward to your next posts.

Posted by Sharon Simms St Pete FL - CRS CIPS CLHMS RSPS (ALVA International, Inc.) over 2 years ago
My wife and I incorporated a few years ago.  We also hired a CPA for taxes and accounting.... two things (especially getting an accountant) I never thought we would do.  He pays for himself in savings. 
Posted by Lane Bailey - REALTOR & Car Guy (Diamond Dwellings Realty) over 2 years ago
I guess I need to look into that myself. Someone had mentioned it to me a while ago but I never looked into it further. I think I will finally!
Posted by Christy Powers - Pooler, Savannah Real Estate Agent (Keller Williams Coastal Area Partners) over 2 years ago

Thx all...

@ Bryant...The XBanker is my evil twin...adopted the name with my blessing and support.  The XRealtor would have been next, but NAR would shut that down with the quickness...Look for a series of 'XProessionals' in various but related industries :)

Posted by Jeff Corbett (7DS Associates) over 2 years ago
Jeff, The hardest part about getting real estate agents to do these things, is that they do not think of themselves as a "business".  Thanks for keeping us on point.  Look forward to your future posts.
Posted by Audrey June-Forshey, GRI, Gaithersburg, MD (RE/MAX Realty Group) over 2 years ago
Great points...Especially the S corp / LLC relationship.
Posted by Joe Hayden - Louisville, KY Homes for Sale (S.G. Priest Realtors) over 2 years ago

Good topic.  I would like to add consider getting an umbrella insurance policy so that just incase you are sued, your personal assets are protected.

Posted by Susan Zanzonico - Sellers/Buyers Agent Short Hills NJ Real Estate (RE/MAX Properties Unlimited) about 1 year ago

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