In our last blog, we covered the considerations that determine when you might be engaged in a partnership or a syndication. And, if you fall in the syndication category, then you’ll need to comply with SEC regulations. Or, if it’s an actual partnership, then you do not. That is an important question to answer and not always as clear cut as you might think. There are a lot of variables and uniqueness to your specific deal that can make a big difference in the answer.

In today’s blog, we are going to cover the legal structures of these two types of investing techniques. Let’s start with a syndication.

A syndication is almost always an LLC structure. But, before that, you will also need a Private Placement Memorandum (PPM). This is a business plan with the terms of what you’re offering that will be giving to potential investors. You may also need a Subscription Agreement. This is an investor’s pledge to contribute to the deal at the stated terms before the syndicators actually need the investment. Then at some point the Subscription Agreement is “called,” and the investor will wire funds at that time, completing the exchange. Then, of course, there is paperwork to be submitted to the SEC and to states in which you are raising funds.

Now let’s talk about the operating agreement for the LLC.
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Do you love selling properties, but not the hassle of leasing and management?

When you partner with Rize Property Management by referring property management clients to them, they’ll send the love right back!

1. YOU RETAIN YOUR CLIENT RELATIONSHIP - They have a guaranteed non-compete agreement. If your client ever expresses interest in buying or selling any property, they send them right back to you.
2. THEY TAKE GREAT CARE OF YOUR CLIENTS - Old school property management of reacting to issues is out the window. They’re proactive and investor-focused to ensure the property management experience is smooth and profitable.
3. THEY PAY YOU FOR EVERY REFERRAL - When you send them a property management client who hires them, they pay you a $750!

To learn more, visit:  rizepropertymanagement.com/realtors

To contact Rize Property Management:  Call (801) 471-2473, e-mail info@rizepm.com, or visit rizepropertymanagement.com.

“You may be disappointed if you fail, but you are doomed if you don’t try.”  - Beverly Sill

Depending on the type of business you run, you have a myriad of things you need to pay for to stay in business from rent to office supplies to payroll to inventory (not to mention all those pesky taxes).

When a business is brand new, most business owners go over the top controlling costs. But over time, they tend to loosen their grip on such things and inevitably experience “cost creep.” Sound familiar?

Every dollar you spend on a business expense means one less dollar in profit for your business (think renovations). So, it’s a good idea to periodically check in on your expenses to make sure you’re controlling costs where needed.

But where do you start?
Looking at your income statement may just give you a headache. Plus, that P&L is a summary of categorized expenses and doesn’t tell the full story about individual costs racked up throughout the year.

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This 2-part blog is going to cover the differences between partnering with others to engage in real estate investing versus putting together a syndication. These two techniques may be similar—and often confused—but they are very different! And you need to understand each as a separate investing strategy.

NOTE: There can be some subtle legal nuances to the discussion below. It’s meant as information and educational. content only. If you even think the SEC rules may apply to your deal, you should seek legal counsel to make a determination before proceeding.

Not only is it important to understand the difference from a structural standpoint, but also from an SEC compliance standpoint. True “partnerships” do not need to be registered with the Securities and Exchange Commission or other state securities office. While a syndication (almost certainly) will need to jump through SEC filing hoops. Because failing to register a project with the SEC can create very serious financial and criminal consequences, we’ll cover the SEC portion in this blog and the structural differences in the next blog.

All offerings of securities must be registered with the SEC. Private offerings, like the ones you’ll see in real estate investing, have exemptions from the complicated and expensive filings that companies going “public” face. But even with private offerings
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“To succeed in life, you need three things: a wishbone, a backbone, and a funny bone.” - Reba McEntire

Let's start with Premium Tax Credits (PTC).

These are the magic beans that help to reduce the cost of health insurance under the Affordable Care Act (ACA). When you buy health insurance through either a state exchange or the federal HealthCare.gov site, you may be eligible for help in paying your monthly insurance premiums. This assistance is actually an advance against the tax credit that you can claim when you file your 2021 income tax return in 2022.

While this arrangement does provide health insurance to millions of Americans that previously couldn't afford it, there is one significant hiccup to the whole setup. As your income goes up, the credit goes down. Once your modified adjusted gross income (MAGI) exceeds 400% of the federal poverty level, the tax credit vanishes entirely. This is generally referred to as the "ACA cliff."

The ACA cliff thresholds are based on family size. For 2021, the MAGI thresholds were:

• One person: $51,250
• Two people: $68,680
• Three people: $86,880
• Four people:
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“Your talent determines what you can do. Your motivation determines how much you’re willing to do. Your attitude determines how well you do it.” - Lou Holtz

One year into this pandemic season and many pixels have been spilled by all of the think piece articles over it. There really are a few small business tips that you MUST come away with.

So, let's dive right into these lessons for any business from this wild season...

Small Business Tips #1 Establish and maintain a reserve of operating capital.

Just like every family needs an emergency fund of at least 3 months of living expenses, so too should every business have a working capital reserve. In my years of working with small businesses,  it's rare to see such reserves. When you operate on tight margins, it can be difficult to establish such a reserve, but as we saw at the start of the pandemic, it can make the difference between staying in business in try
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To our Utah REIA PEEPS, The “American Rescue Plan” Is A Done Deal. Act FAST and SLOW.

While I normally write weekly, there is information in this blog that you need to know about now that might even impact how you proceed in the following days.

As of this writing, Congress has agreed -- but this is so fresh off the presses that many of my industry colleagues are scrambling, and the research services are still compiling all the data. But I felt it important to get ahead of all of that on your behalf.

There is a lot to discuss, and I will have more to say early next week, but this is important for you to know about NOW. So, let's dive in...

Stimulus Payments 
(and how they might impact your tax paperwork)

These are different from previous stimulus programs: $1,400 dollars per taxpayer and dependent (with signific
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"A business has to be involving, it has to be fun, and it has to exercise your creative instincts." - Richard Branson

Unfortunately, many small businesses brainlessly ape big corporations with their marketing, by (wrongly) believing that "if these huge companies built their businesses by that kind of marketing, then it surely should work for us." Build the brand,” they say.

The thinking behind that kind of marketing is that you "get your name out there," and the clients and customers will pour in. "It's all about word of mouth," they say.

Well, if you choose to go down this road, far better is real word-of-mouth advertising.

And that is something that can actually be stimulated and stewarded. And one of the best companies to learn from about this is Disney, specifically about their parks.

(And this is still true in 2021, btw, with all
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“Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do.” - H. Jackson Brown Jr

As we have seen this year, life can turn on a dime ... and we can't plan for every one of the specific ways it may do so. But we CAN plan broadly.

For me and my family, we've put some simple plans in place for a VARIETY of circumstances, not just financial or legal. And it truly helps us sleep better at night, just knowing we have it all covered.

And the unfortunate reality is that the most recent numbers indicate that almost 60% of Americans don't have a basic will -- and that's a big problem.

One of the big reasons that most families don't yet have this in place is because of some incorrect thinking about whether it's right for them or if it's even necessary. And sure, some just haven't gotten around to creating a will or trust. Others think they don't need an estate plan because they're not "rich".

I've even heard from people that they don't want to put it in place because when they do, it's sending some sort of death
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"You have been blessed with a mind that can direct your actions in any way that you choose." -Ramon Luis

It's easy to get lazy when a business can pick the low hanging fruit available in an easy marketplace.

But, that's not always the case, is it?

Markets shrink, funding dries up, prospects aren't as easily found, or profitability margins decrease. So what do you do? Many business owners don't know how to tweak their marketing and sales systems, so they can track the numbers at each step in the sales process and grow in new directions.

I have seen (in several industries) that the businesses who create a culture of accountability, have weekly sales meetings, track their numbers, and hold team members accountable, are successful ... while those that guess and "assume" are usually out of business. It's just a matter of time.

The key is knowing the numbers -- what is the average expected result, and how you are measuring up against that result for each step in the process. This is where accountability starts.

But
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