Tuesday, August 14, 2007

Holding Title as Community Property With Right of Survivorship

This article is for informational purposes only. Nothing in this article should be understood as legal advice, and no attorney-client relationship is created by it or the information it contains. Consult with a licensed attorney if you require assistance in a legal matter. This article is protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of The Burton Law Firm. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Ownership of real property can take a great number of forms. The difficulty is deciding which form of title is right for you, your family, and your business. The facts of your situation will determine how title to property should be held, and properly selecting title form may involve transferring or re-titling property you already own. This article will provide an overview of a new form of title that many people are not yet familiar with: community property with right of survivorship (CPWROS).
Prior to 2001, married couples had to perform a bit of strategic planning when taking title to property. But the California legislature wanted to make it easier for California married couples to take advantage of federal tax benefits. On July 1, 2001, a new form of title was created: community property with right of survivorship. This form of title utilizes the right of survivorship feature while allowing a step-up in basis for community property.

Right of Survivorship

The right of survivorship feature allows the deceased spouse’s property ownership to immediately pass to the surviving spouse upon the first spouse’s death. Generally, no court administration is needed, thus avoiding the time and cost of the probate process.

Step-Up in Basis for Community Property of Both Spouses

A step-up in the basis of property provides an important tax benefit. When you acquire and maintain real property, you invest a certain amount of money in the form of purchase price and improvements. This investment becomes your basis in the property. When you sell or dispose of the property, you recognize a capital gain equal to the current fair market value of the property (i.e., what you sold it for) minus your basis. So if the property has appreciated in value over time, you want your basis to be as close as possible to the fair market value so that you can reduce gain. Reducing gain reduces the taxes that must be paid. A step-up in basis allows you to increase your basis in the property without recognizing any gains, which is a good thing. In a way, stepped-up basis is like the government handing a free investment.
CPWROS provides a large step-up in basis for property owned by a married couple in California. In a joint tenancy, the federal taxation system only allows a step-up in basis for the deceased spouse’s joint tenancy interest. Thus, the surviving spouse receives a stepped-up basis in the property equal to the fair market value of the deceased spouse’s joint tenancy interest.
But with CPWROS, when the first spouse dies and leaves property to the surviving spouse, the surviving spouse receives a step-up in basis both for the deceased spouse’s one-half interest in the community property and for the surviving spouse’s interest in community property. So the surviving spouse acquires a stepped-up basis in all of the community property, not just the deceased spouse’s share.

Conclusion

The goals, finances, and assets of your marriage and your business will all play a role in determining how you should hold title to real property. It is important to note that a properly drafted revocable living trust will provide these and other benefits as well. You should consult with an attorney to help determine whether holding property as community property with right of survivorship is right for your situation.

By The Burton Law Firm

For a more in depth review of this subject, please see: www.lawburton.com, news/resources.

The Burton Law Firm
555 University Avenue, Suite #275
Sacramento, CA 95825
Phone: (916) 570-2740 Fax: (916) 570-2744
www.lawburton.com
info@lawburton.com

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Disability Guidelines - Part One (Department of Justice Disability Guidelines)

On May 17, 2004, the United States Department of Justice presented guidelines regarding landlords (housing providers) making reasonable accommodations available to tenants and others under the Fair Housing Act (the “Act”). The Department of Justice and the Department of Housing and Urban Development (HUD) are jointly responsible for enforcing the federal Fair Housing Act which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
Prohibited acts: The guidelines state that “The Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability. The Act also makes it unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. The Act also prohibits housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because those persons may require reasonable accommodations. In addition, in certain circumstances, the Act requires that housing providers allow residents to make reasonable structural modifications to units and public/common areas in a dwelling when those modifications may be necessary for a person with a disability to have full enjoyment of a dwelling.”
In Part Two of this continuing series of articles regarding disability accommodations, we will discuss who is responsible for complying with the Act.

By Gary Link, Attorney at Law

Gary Link, Attorney, is President of the Law Office of Gary L. Link, Inc. Since 1979, Mr. Link has represented landlords in over 35,000 eviction cases and litigated over 10,000 eviction trials. He is a member of the California Apartment Association, the Rental Housing Association, as well as a member of the local, state, and national bar associations. For questions relating to this article, call the law office at 916-447-8101. The information in this article is applicable as of 2007. Because laws may change please contact the law office to affirm continuing validity of the contents of this article.

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Tax Saving Strategies for Real Estate Investors

There are many tax saving strategies that attract investors to real estate investments. Paying capital gains on profits at 15% rather than up to 35% on ordinary profits is one such strategy. There are a variety of other ways to save your dollars. In each Landlord Today article, we will focus on one tax saving strategy you or your current tax preparer may not have thought about.

Make the Most of Depreciation.
As mentioned above, most know that depreciating their properties brings tax savings, but a lot of investors miss valuable depreciation deductions because they don’t know how to make the most of them. The following steps will help you get more annual depreciation to save tax dollars:

Step 1: Divide basis between “land” and “improvements.” Remember land provides no depreciation, so the goal is to assign as much as possible to depreciable improvements. The IRS suggests you use local property tax assessments. You can use any allocation (such as bank appraisal or your insurer’s estimate of replacement costs) so long as you show “reasonable basis.” Don’t forget that driveways and sidewalks crack, landscaping needs replacing, and pipes from the house to the street deteriorate over time. Consequently, you can depreciate land improvements over 15 years. If you miss those assets, you lose money!

Step 2: Split out components of the building to get shorter depreciation periods. Buildings depreciate over 27.5 years for residential property and 39 years for nonresidential property. But isn’t a building a collection of components? Of course it is. Buildings include structural components like walls, roofs, furnaces, and windows that are integral to the building. These depreciate over the traditional 27.5 and 39-year periods. But buildings also include personal property that depreciates over just 5 years. It makes sense that if you allocate part of your purchase to that personal property, you’ll boost your depreciation during the first few years you own your property. These are probably the years you need it most! Personal property examples include cabinets, countertops, dishwashers and carpeting.

By Richard Lagomarsino, EA

Richard is the president of FTMS Inc. Go to www.ftms.net for more helpful information.

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Single Family Residential Rental Survey - 3rd Quarter 2007



We all know real estate prices are continuing to fall and that foreclosures and short sales are on the rise. But what does this mean for the rental industry? Most would-be buyers are convinced the market has not yet bottomed out; in the meantime they will choose to rent. The thousands of home owners who have lost their homes due to foreclosure or short sale will rent. And a select few have found that an alternative to losing their 3200 square foot home to the bank is to rent it out. They then opt to rent a 1300 sq ft home to live in, saving up to $800 a month. For the present, renting also remains a better alternative to buying as underwriters tighten their restrictions, and interest rates slowly rise. The demand for rentals is increasing, but what about the supply? Surprisingly, new home construction continues, thus a significant amount of surplus homes for sale are beginning to transition into rentals. This trend may actually create a surplus of rentals in 2008. Today’s balance in supply and demand has created an active and healthy rental market. As the holidays approach and the school year begins, expect the average number of days-on-market to increase and the demand to rent or buy a new home to decrease. In every market at any given time there is always opportunity for today’s investor.
For an investor looking to buy an income property, the real estate market is great and looking to get even better. For those investors ages 55 and greater, the Sun City community homes are a great investment opportunity. Expect to find sound tenants with excellent credit and rental histories and as the baby boomers continue to retire this market will continue to improve.
Putting opinion and preference aside, let’s look at the facts: According to InfoTracker’s third quarter rental survey, in comparison to second quarter numbers, rents have increased in Rocklin’s 95677 by +8.5% and decreased -5% in 95765. West Roseville rents on average have increased +4.8% in 95678 and +5.5% in 95747 compared to a -7% decline in East Roseville’s 95661. According to an article published on Forbes.com in July 2007 entitled “The Fastest-Growing Suburbs in America,” the city of Lincoln ranks as number one with an +8.3% increase in rents and a 236% increase in population from 2000 to 2006. Although rents are increasing in key sub markets and home values are continuing to depreciate it will still be more than a few years before we see single family income properties in this area pencil out as they once did in 1999.
In today’s dynamic real estate market, the rental market is a very popular alternative to owning.  If the current trends continue and interest rates remain reasonable, count on new investment opportunities to appear in these growing sub markets. Although we can all speculate on the future of tomorrow’s real estate market, the numbers provide information on the direction of today’s market. Utilizing this information, investors will make their move and the mass of speculators in turn will follow.  With the holiday season and school year approaching, look to a professional to rent up and manage your property so you can capitalize on the highest rate of return on your investment.

By Robert A. Ortiz, President/CEO

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Friday, July 13, 2007

LLCs for Real Estate Investors

This article is for informational purposes only. Nothing in this article should be understood as legal advice, and no attorney-client relationship is created by it or the information it contains. Consult with a licensed attorney if you require assistance in a legal matter.

Whether starting a new business or reorganizing an existing business, one of the most important decisions an entrepreneur will make regards the form the business will take. Given the wide variety of business forms, such as corporations and sole proprietorships, it can be difficult to choose between them. The limited liability company, commonly known as an LLC, has become a popular option.

Advantages
One of the first and most important advantages of the LLC form is the limited liability it provides to members. Members subject to a lawsuit may have their interest in the LLC attached, but the assets of the LLC will generally remain outside a creditor’s reach. And if the LLC is the defendant in a suit, barring special circumstances, the members are not personally liable for the LLC debts. Second, LLC operating agreements often contain limitations on transferring member interests. These usually cause member interests to be less valuable to a creditor, thus making the LLC useful as an asset management technique. Third, the LLC works well as a real property management tool because it allows for continuity in property ownership and can limit liability of members as discussed above. Because the LLC owns the real property and is the landlord in any lease agreement, long-term leases can continue uninterrupted even if the LLC membership changes. Finally, an LLC can play a role in a comprehensive estate plan. Often, a member has substantial property but does not wish the property to be broken up at the member’s death. The member may transfer the property to the LLC and then gift fractionalized shares of his or her membership interest to relatives. The property remains intact, while the benefit of the property has been passed on to the next generation. This technique commonly affords estate and gift tax benefits as well.

Disadvantages
As with any business form, there are disadvantages to the LLC. First, an LLC generally requires more effort and expense to create than a sole proprietorship or partnership. The LLC must be specifically created as an LLC and annual fees are required by California. Second, while not as rigid as a corporation, the recordkeeping requirements of an LLC are still substantial. Similar to a corporate charter, the LLC operating agreement should be written out and strictly followed; business records and minutes of meetings should be kept in accordance with the operating agreement. The tracking of “Capital/Member Accounts” can prove difficult, as these accounts reflect the value of the each member’s ownership interest and include the liabilities of the LLC, capital contributions of members, and income distributions by the LLC. Third, while holding property in an LLC might limit its value to creditors, it might also limit the ability of a member to readily sell his or her interest to a willing buyer. Finally, LLCs carry with them a number of inherent tax consequences which might limit their desirability to investors, especially those depreciating assets against other income.

Conclusion
Using an LLC may help a business and its owners protect themselves from liability and improve the stability of the company. But the LLC has its drawbacks, as well. You should consult with a qualified attorney to help determine if the LLC is the right answer for your business interests.

By The Burton Law Firm

This article was significantly shortened for printing considerations. For the full article, entitled “LLCs for Real Estate Investors,” please refer to www.lawburton.com under “News/Resources.”

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

When the Rent is Unpaid, Act Immediately!

The legal process of evicting a tenant in California for non-payment of rent is among the most streamlined of legal proceedings however, starting that process is often delayed by the hesitancy of the landlord in serving a "Three Day Notice to Pay Rent or Quit" upon the tenant.

When a tenant has not paid the rent when due, landlords are confronted with a difficult decision as to whether a "Three Day Notice to Pay Rent or Quit" should be served immediately or not. Although it is a troublesome decision to make, I recommend that the "Three Day Notice to Pay Rent or Quit" be served upon the tenant right away!

The failure to serve the notice immediately may result in a tenant claiming at the eviction trial that the landlord "waived" the right to receive rent on the first day of the month,
that the landlord and the tenant
verbally "worked a deal" for rent to be
paid later in the month, or that
the landlord should be "estopped" (prevented) from demanding that the rent was due on the first day of the month because the landlord has often accepted rent late. Judges may listen to these "phantom" defenses because they have heard many cases where the landlord waited for the problem to just "go away"
or that the landlord did
indeed work out some type
of verbal "deal" with the tenant.

Prompt service of the "Three Day Notice to Pay Rent or Quit" will hopefully eliminate the possibility of the tenant claiming a defense at a trial, set a precedent for the future that the landlord will be insisting upon prompt and timely payment of rent, and most importantly place the landlord in control of the rental payment duty of the tenant.

Gary Link, Attorney, is President of the Law Office of Gary L. Link, Inc. Since 1979, Mr. Link has represented landlords in over 35,000 eviction cases and litigated over 10,000 eviction trials. He is a member of the California Apartment Association, the Rental Housing Association, as well as a member of the local, state, and national bar associations. For questions relating to this article, call the law office at 916-447-8101. The information in this article is applicable as of 2007. Because laws may change please contact the law office to affirm continuing validity of the contents of this article.

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Position Your Property with InfoTracker

One of the most important decisions you can make when leasing your income property is accurately positioning it within the rental market. Given the dynamic real estate trends that we are currently experiencing it is a challenge to determine the appropriate market rent that will minimize the days-on-market, increase tenant retention, and maximize your cash flow. In order to help you make the most informed decision, InfoTracker provides the analysis of the statistical rental data of more than 20 property management companies within Placer and Sacramento counties. This unique compilation of valuable information is released once a quarter in The Landlord Today and is exclusively available to RNB Property Management. Because RNB Property Managers have direct access to the InfoTracker database which includes detailed information such as age, square footage, deposits and other property information they can accurately depict today’s current market rents through an RNB Comparable Rental Market Analysis.

So you have a CRMA in hand, now what? What is most important to you? Tenant retention? Vacancy rate? Survey says… “Cash flow”. In reality you have three choices: position yourself above, below or at the current market rents. Some believe that if you position yourself above the rental market you will attract a higher class of tenants because naturally they can afford higher rents but you risk having fewer applicants and more days-on-market. Others have found that a higher rent dissuades more qualified applicants because they have the right to be “choosy” which in turn leaves you with a pool of unqualified applicants desperate to pay the above market rent. Those interested in less risk may opt to compete head-to-head with other rental owners. Here the best in show wins. You must optimize the physical appearance of your property because the cleaner and more properly maintained the sooner it will rent. We have found that conservatively positioning yourself slightly below the rental market allows for tenant retention, lower vacancy rates and ultimately higher cash flow. We all know all too well the cost of turnovers. In the end the choice is yours but before you decide to position your income property within the rental market make sure you have the numbers in hand.

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin

Placer County Welcomes RNB Property Management, Inc. May 2007


RNB Property Management, Inc. is a California-based real estate company that offers property management services in the greater Sacramento, El Dorado, Yolo and Placer counties. Their first regional office opens in Rocklin, California on May 1.

“RNB Property Management is designed for investors by investors,” said CEO Robert A. Ortiz. Ortiz also manages day to day operations at this pristine office which boasts some of the most talented and experienced real estate professionals in Placer County. Following his graduation from the University of California, Davis, Ortiz soon pursued a career as a Real Estate Agent. Subsequently, he became apprentice to one of Sacramento’s top producers. At the height of Ortiz’ successful career he began to further his entrepreneurial aspirations. He became partner and CEO of RNB Property Management, Inc.

As Vice President and Assistant Office Manager, Bethany R. Landon brings not only property management experience but a sound background in customer service. Landon’s hard work in the community and her attention to detail allows her to see the needs that must be met within the property management industry.

The Rocklin office is overseen by veteran and respected Real Estate Broker and partner David F. Landon. David has three decades of experience investing in and managing real estate property. He will use this experience to guide the team based at the Rocklin office. Cass O. Landon, partner and acting CFO has held other high executive office positions as President/CEO of a once local $30 million company that he later developed into a nationally recognized $300 million industry leader. He not only holds a MBA in business finance from University of California, Los Angeles but is a real estate expert with over 30 years of real estate investment experience.

This team has taken both their talent and experience to develop a truly professional business model that will revolutionize the real estate management industry. “We started out with the basics by writing a 40 page business plan along with a concise policy and procedure manual” says Bethany. The policy and procedure manual integrates RNB’s system dependent business model with California landlord laws and the federal, state, and local fair housing laws which regulate the rental housing industry.

RNB Property Management, Inc. specializes in Single Family Residential housing and offers their clients the most technologically advanced services available today. From true virtual tours to Bill Gate’s vision of a digital nervous system, RNB provides real estate investors with tools and services that will revolutionize property management forever.

For more information regarding RNB Property Management, Inc. please call
916-435-2424 or visit us online at www.RNB2day.com or
Property Management Rocklin