Alexandria, VA asked in Real Estate Law and Tax Law for Texas

Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I was the one financing the project. At the sale of the property, how do I show the profits mostly went to my business partner? Do I need some form to give to the person or just write it as an expense and then they reflect it in their return?

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2 Lawyer Answers
Andrew M Steiger
Andrew M Steiger
Answered
  • Tax Law Lawyer
  • St. Clair Shores, MI

A: If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your friend wield be an expense to you and income to him as an independent contractor. Maybe you give him a 1099 as well, and he pays his people and worries about his own expenses. A written legal agreement outlining rights and responsibilities would help substantiate any reporting that you end up doing.

Bruce Alexander Minnick agrees with this answer

Stephen V. "Steve" Davis
Stephen V. "Steve" Davis
Answered
  • Austin, TX
  • Licensed in Texas

A: To keep the record straight and closing you should have the title company issue Separate Checks to each of you and make sure on the HUD-1 that there are line items for each of you. That would be proof of any outcome of a written agreement between you and your Co investor

Bruce Alexander Minnick agrees with this answer

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