Oh, and in simple terms… a 1031 exchange is when the capital gains profits from one property are used to purchase another property. There are restrictions… you have to nominate the properties you will purchase by certain days, and then settle purchases by certain days, and if you stuff up you lose the tax exemption, but it isn't too difficult.
I have found the Rich Dad's advisor books extremely helpful on all these issues … he has four property books worth buying, you can get from his site.
ABCs of Real Estate Investing Advanced Guide to Real Estate Investing ABCs of Property Managing
All written by Ken McElroy, Property Developer and Management
The Real Book of Real Estate – ed Robert Kiyosaki A book with several chapers from a variety of people that Kiyosaki works with.
Whatever you think about him, these books are well worth the investment.
The opportunities are certainly there in the USA. The example given by Vincent is not unusual, and certainly possible *IF* you do sufficient research.
I am using an US Business Law Attorney, and they have been extremely helpful.
Also, Delaware is a good state to set up in, but my attorney is suggesting Wyoming (cheapest and still strong protection) and Nevada (little bit more, other advantages).
Also, regarding quarantining money in the states … If you first set up a 'C' Corporation, THEN set up an LLC from there, money will pass through the LLC to the Corporation, and remain in the USA. Total cost for establishing C Corp. around $700, likewise for LLC. Also, with a C Corp, you can establish credit, and overcome banking problems. Good attorneys will help with all this plus making sure the charters are done, and bookwork is kept appropriately.
I think the issue is that if you have an LLC that is newly established, then you don't have a credit rating. However, this can be gotten around, if you are a bit creative. For a start, if you are 90% sure you will invest there, set up your LLC and get "trading" … that will help. Then when you are ready to go ahead, you will find it more easily. There is a business, associated with my USA attorneys, that helps with establishing a credit rating for newly formed entities.
LLC is definitely the way to go according to my USA attorneys. The most protected states for litigation for LLCs are Wyoming, or Nevada if you have more than one shareholder. I am happy to share the details of my attorneys if you want the info. The will do the registering of an LLC for just under $700, and have good packages to deal with ongoing issues like mail and agms, etc. If you buy property in a different state, you just register for operations in that state too.
Wyoming is very cheap, as it is trying to establish itself as a good state for people to incorporate.
However, you also need to insure.
The structure of an LLC protects the personal assets of an investor. It also protects any unrelated investment assets. Eg, if you have 20 houses, in say 5 different LLCs, and someone sues, they can only sue *that* specific LLC … the other investments are safe.
Also, the way Wyoming and Nevada laws are written, the way compensation can be accessed is more difficult for the complainant, and protects you that way too.
Hey Liv .. yeah forums are a great source of info and leads.
Ok… well, two things worth thinking about… one is capital gains tax, which is very high, so don't forget if you are going to buy and sell (which is really trading), then you have to take into account the dint that tax will make.
The second is, what exactly are you going to do to value add? In other words, what part of the development process are you going to specialise in, get to know well, to make your money. You mentioned subdivision – that is one part. I just met a guy a couple of weeks ago who subdivides large blocks and builds townhouses which retail for around $700k each…
You also mentioned about borrowing power and buying multiple houses… well, if you are trading, that is not such a problem … you buy, you sell. But if you are buying for cashflow, that is a different matter, and as such you wouldn't be trading.
There is a bit of anecdotal evidence to say that after you have a few properties (usually more like 5-10), that banks start getting a bit edgy about loaning more, even if they are cashflow positive. This seems weird to me, but apparently some people have encountered it. So this is where you either get creative (not sure if it was Steve McKnight or another investor I remember saying they went to the bank with a business plan for 14 houses, and got financed for 8 or something, rather than one at a time), or find private money, which is around… or do a Robert Kiyosaki and "trade 4 red houses for a green hotel" … in other words, sell a few houses, and buy a larger property – apartments, commercial space, whatever. Obviously you will still have to factor in capital gains tax.
The interest on your own home is not tax deductible … the interest on investment is. Paying off your own home will save you interest that has no benefits.
If you can get cashflowing investments that pay a higher cash-on-cash return than the interest on your home … then it starts to get interesting
There is quite an active Property Investing group here in Brisbane – you can see some of the members at http://www.meetup.com/brisbanepropertygroup/ and probably get in touch that way too.
I would say, as Ryan suggested, get a little clearer on your goals. Then these sorts of questions become easier to answer.
For example, my aim is to become financially "secure" in the next three years. I have defined what that meant for me … car value, house value, clothes, living, holidays .. etc. And put a monetary value on each. And then I knew what amount of money I needed to be "secure" and so then I could work out which investments and so on I should be looking at over the next three years … and how many of them. Now I know, I have been able to make a plan to achieve it.
Nothing so motivating as knowing where you are going
There are ways of buying without going to the states … ring a property management company and say you are considering purchasing, will need a property management company, and ask them to check out the property, taking photos.
If you go ahead and sign a contract, make sure it is pending due diligence – then get a building inspector to go through the house, also taking properties.
Get the pest company to take photos.
Get everyone to take photos.
Then you have multiple photos from different people at different times, preferably not people who know each other or are recommended by the sellers. Ken McElroy (Rich Dad Advisor) would tell you, trust … but verify
The structure of the LLCs will vary from opportunity to opportunity, and likewise the number of shares on offer, and purchasing more than one share will not be a problem. Investment per share will also vary according to opportunity. It is likely that the offer will be made to "Accredited Investors" as defined by the USA SEC.
I anticipate that in most cases the LLCs will be incorporated in either Nevada or Wyoming, and then qualify for business in whichever state the acquisition is made if it is outside the state of incorporation.
I know that these are very vague answers to your questions, and I apologise if you are wanting more detail. I am being very careful as I do not want to breach any SEC rulings about soliciting investments, and making comments that could be seen as guaranteeing or specifying returns, etc. At present I am concentrating on building a buyer list, so that when I have an opportunity, we are able to move quickly, as there are opportunities waiting, if I had the capital ready. If you want to ask more specific questions privately, please PM me and I will do what I can.
As for the type of investments and the idea of purchasing distressed properties as CheevesFinancial mentions, I am not as interested in the more distressed properties at the moment, as Cheeves seems to be. Obviously I am looking for great deals, and a certain amount of distress in a property often makes a good deal become a great one. However, I am not looking at extreme capital improvements that are necessary in order to achieve cashflow. I want cashflow from day one. If there are some non-essential improvements that can be done to improve cashflow, then great. If there are a few little essential improvements that are needed, then I will consider it. But I am not wanting (at this stage) to completely rehab a complex. I will leave those ones to Cheeves for now
Obviously, that means that the investments I am targeting may not achieve significant capital growth. Let me say it again. I am after cashflow, and at a rate better than what the bank gives me.