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PDF Editor FAQ

Why isn’t Modi bringing back the trillions of black money from the Swiss banks as he promised?

Let us first understand how the myth of Trillion Dollar black money was created in India.One R Vaidyanathan, Professor of Finance at the Indian Institute of Management, Bangalore, and a visiting faculty at Manchester Business School delivered a lecture in August 2010 on the topic “Black Money in Indian Economy”. In this lecture he claimed Indian black money worth 1.4 trillion US Dollar (over Rs 70 lakh crore) way over India’s gross domestic product of Rs 43 lakh crore for 2007-08 – was deposited in various foreign tax havens.[1] There were no supporting evidences for his claim, yet it was taken to be true by many Indians and most political parties.The fact is that no one knows for sure the quantity of black money that is deposited in foreign banks by Indians. However the preliminary findings, including those documents given by the Swiss Bankers Association and the Government of Switzerland, reveal that these exaggerated claims are false and fabricated, and the total amount held in all Swiss bank accounts by citizens of India is about US$2 billion or approximately 13,600 Crores.[2] Hence, the black money in Swiss bank has to be much lower than this amount since all the money deposited in foreign banks can’t be black money.It is nearly impossible to find out the exact amount of black money deposited in foreign countries since Indian agencies have no power or access to relevant original documents of those counties . Since you don’t have the reliable data, there is no point speculating over the figure.Narendra Modi Government has, however, done its best to bring back black money deposited in foreign countries to India. These steps include:-Constitution of the Special Investigation Team (SIT) on Black Money under Chairmanship and Vice-Chairmanship of two former Judges of Hon’ble Supreme Court,Enactment of a comprehensive law – ‘The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015’ to deal specifically with black money stashed abroad,Constitution of Multi-Agency Group (MAG) consisting of officers of Central Board of Direct Taxes (CBDT), Reserve Bank of India (RBI), Enforcement Directorate (ED) and Financial Intelligence Unit (FIU) for investigation of revelations in Panama paper leaks,Proactively engaging with foreign governments with a view to facilitating and enhancing the exchange of information under Double Taxation Avoidance Agreements (DTAAs)/Tax Information Exchange Agreements (TIEAs)/Multilateral Conventions,Proactively furthering global efforts to combat tax evasion/black money, inter alia, by joining the Multilateral Competent Authority Agreement in respect of Automatic Exchange of Information (AEOI) and having information sharing arrangement with USA under its Foreign Account Tax Compliance Act (FATCA),Renegotiation of DTAAs with other countries to bring the Article on Exchange of Information to International Standards and expanding India’s treaty network by signing new DTAAs and TIEAs with many jurisdictions to facilitate the exchange of information and to bring transparency,Enabling attachment and confiscation of property equivalent in value held within the country where the property/proceeds of crime is taken or held outside the country by amending the Prevention of Money-laundering Act, 2002 through the Finance Act, 2015,Enactment of the Benami Transactions (Prohibition) Amendment Act, 2016 to amend the Benami Transactions (Prohibition) Act, 1988 with a view to, inter alia, enabling confiscation of Benami property and prosecution of benamidar and the beneficial owner,Initiation of the information technology based ‘Project Insight’ for strengthening the non-intrusive, information driven approach for improving tax compliance, andLaunching of ‘Operation Clean Money’ on 31st January 2017 for collection, collation and analysis of information on cash transactions, extensive use of information technology and data analytics tools for identification of high risk cases, expeditious e-verification of suspect cases and enforcement actions in appropriate cases, which include searches, surveys, enquiries, assessment of income, levy of taxes, penalties, etc. and filing of prosecution complaints in criminal courts, wherever applicable.[3]Hence it cannot be denied that all-around sincere efforts have been taken by the Modi government for tackling the black money issue and the results will come in time, not over-night as is being expected by many, since many legal issues involved with it are to be addressed suitably.Footnotes[1] Prof R Vaidyanathan, Estimate Indian Black Money at $1.4 Trillion[2] Indian black money - Wikipedia[3] Steps taken by Government to curb the generation of black money

What are the differences in taxation and tax benefits for residential properties owned/managed by corporations vs. individuals? If there is an advantage to one or the other, couldn't ownership title simply be assigned to the better party while de facto control is to the originator?

Thanks for the A2A.At one point, there was a "Golden Rule" in real estate taxation that you shouldn't own any real estate within a C Corporation and I honestly don't remember all of the reasons why. It was the case when I started working for other CPAs in 1997 and, to be honest, I've never challenged it (and don't I feel like kind of a chump for admitting that). Maybe a guru like Bruce Feldman or Wray Rives or Mike Emeigh could chime in on that. I believe it had something to do with Capital Losses not being deductible against ordinary income and/or Capital Gains being taxed at the regular corporate income tax rate. If this rings a bell with anybody else, please chime in on that as I'd love to see an answer on that myself.And if I recall correctly, those reasons flowed through to S-Corporations as well and these would be the reasons why we so rarely see property being held in Corporations. By far, other than trusts, estates, etc, the most popular forms are either LLCs or Individuals.So what are the differences between LLCs and Individuals from a taxation standpoint?Truly, not a damned thing. In fact, a single member LLC does not file a separate tax return. They report all of their activity on a Schedule C on their individual tax return.There are three main advantages to holding property within an LLC1. Limited Liability. When done correctly, the members of an LLC are not held personally liable (other than negligence or fraud) for the debt or wrongdoing of the LLC.2. Multiple ownership. An LLC structure allows multiple people to pool their money easily. The same thing can be accomplished without an LLC structure, but the bookkeeping can be pretty tedious when there's a lot going on.3. Ease of property transfer. If an individual member wants to sell their portion, it is easier to transfer ownership in an LLC than a portion of real property. No title transfer work has to be done on the property. Additionally, if all of the members of an LLC want to sell the property, they can theoretically just sell the LLC and the property itself never really changes hands. The reasons why this might be a good idea are beyond the scope of this answer.The only downside I've found so far to holding a property within an LLC is that it is very difficult to get traditional mortgage financing in an LLCs name. One or more members must always personally guarantee the mortgage.As far as your original question now - "couldn't ownership title simply be assigned to the better party while de facto control is to the originator"Yes, this is quite easy and can be done with a property management agreement between two separate organizations. For example, you can have a property owned by ABC Investors, LLC. However, perhaps you want to have all of the management of the property go through a different organization. (Again, there are many reasons why you might want to structure the management differently and those are beyond the scope of this answer). Perhaps the management should be done through a Corporation. So you sign an agreement between ABC Investors, LLC and ABC Property Management Group, Inc. and away you go.Be aware that the Property Management Group does NOT assume liability for the mortgage (usually), so if it is paying the mortgage (and collecting rents), the accounting would be set up differently than if all of the management were being done through the LLC.

What is the right real estate strategy for someone who is just starting their journey to build wealth? I’m in my mid 20’s with about $1000 a month of income to invest. What should my plan be now if I am more worried about a 25–30 year horizon?

I think you should save that monthly income every month until you have a down payment of 3.5% and apply for a FHA loan.Alternatively, you could put that money toward a property every month with a lease-purchase agreement.Here are some more details about these strategies:How To Invest In Real Estate With Little MoneyThe more money you have to invest, the easier. These options include spending money over a longer period of time.1. Lease With Option of BuyingThis strategy is also referred to as “rent to own” or “lease-purchase.” This means you would make payments just like with an ordinary lease and payments go toward buying investment properties. The agreement includes a time frame in which the tenant has to buy the property for a specific price. During the time period, the owner or investor cannot sell the property to anyone else. If going with this strategy, make sure to agree on a final price in a legal document.2. Flexible SellersSome sellers, turnkey providers, who have move-in ready properties will sell to investors for as little as 5% down. This is an effective way to invest in real estate with little money down and avoid putting more money for renovations. These sellers have high interest rates so it’s important to calculate cash flow - including vacancies - ahead of time.3. FHA LoanThe FHA mortgage requires a down payment of only 3.5% and must be owner-occupied. If the property is flip, you can live it in it first, fix it up, and sell it. The 203K loan is combined with the FHA mortgage and lends renovation costs.. Another option is buying a multi-family property and living in one unit while renting out the other unit.Source: Buying Investment Properties With No MoneyDifferent Real Estate Investment Strategies1) Buy and HoldsThese are good long-term investments because of the steady additional income and the opportunity to gain appreciation. If looking for an active, long-term investment, buy-and-holds are the way to go.Buying an investment property as a buy-and-hold requires research about the market, neighborhood, and property expenses. Positive cash-flow is very important with these investment because money is otherwise lost every month. With buy-and-holds, deciding on becoming a landlord or hiring property management is also something to consider. Can you manage the property yourself? Can you handle having tenants?Not all buy-and-hold properties are the same. These can range from single-family homes to entire apartment buildings. Depending on location and cash flow, an investor might choose to rent out an entire single-family home to a family or rent out individual rooms to individual tenants. Multi-family homes are popular if the investor wants to have a personal residence at the same location as their investments. The advantage with multi-family homes is being able to spend less and gain more. Finally, apartment buildings can range from small to large buildings. When owning an apartment building, you are becoming the home owner association, and can create your own rules to follow.Related: Top 5 Major Cities for Buy-and-Hold Investment Properties2) Airbnb Investment PropertiesThese are also a type of buy-and-hold property but are vacation or short-term rentals. When buying an investment property as a vacation rental, there are different things to consider. Can you manage turnover between tenants? What are the occupancy rates like in your area? What are the legal regulations for having a short-term rental or Airbnb investment property?There has been an increase in the number of Airbnb investors as Airbnb investment properties have proved to be lucrative and sometimes produce more income than traditional investments. Search for the optimal real estate investment strategies in your area to find out if traditional or Airbnb investing has higher returns.Related: Four Things to Consider Before Purchasing an Airbnb Investment Property5) Passive InvestmentsPassively investing in real estate means not getting your hands dirty and giving your money to someone else to make the investment happen. One way to do this is by working with a Real Estate Investment Trust ( REIT), which is when a group of investors pool their money to buy large real estate investments, such as malls, skyscrapers, or many single-family homes. Each investor gets a share of the profits and does very little work. These passive investments generally have higher returns and less risk. Different types of REITs include retail, residential, healthcare, office, and mortgage REITs. An investor can invest in a stock exchange-listed REIT or buy a share in a REIT mutual fund. It’s best to consult a financial expert to see if this real estate investment strategy would for you.Another way to passively invest in real estate is lending your money to an investor looking for a property to flip. Why wouldn’t an investor just go to a bank? It’s difficult to get a loan for a property that is vacant and needs work. This loan is called a first trust deed investment. The investors should pay the 20% down payment and closing costs. As a lender, you would receive interest payments on the loan and a final payment at the end of the term. You money is secured by the property.6) Real Estate WholesalingMaking money in real estate does not always require spending money, there are so many diverse opportunities to invest. Wholesaling is one of the ways you can create an income without having to spend any money at at all. A wholesaler finds a seller who wants to put their property up for sale and has not yet gone on the market. The wholesaler finds a buyer and then is entitled to a share of the selling price. To be successful with the real estate investment strategy, you have to network and make contacts in order to have a database of potential sellers and buyers.Source: Top Six Real Estate Investment Strategies

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