02/10/2016 20 14 TAX YEAR EVALUATING the Self-Employed Borrower and other sources of income Analyzing Business Tax Returns Partnerships, S Corporations and Corporations 1 02/10/2016 Legal Disclaimer The information presented in these training materials is for general information only, and is based on guidelines and practices generally accepted within the mortgage finance industry and is not intended to be all-inclusive. MGIC makes no representations or warranties of any kind with respect to the accuracy, completeness or suitability for any purpose of the information contained in this training. MGIC expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose regarding these materials and our training program. In no event will MGIC be liable for any direct, indirect, incidental, punitive or consequential damages of any kind with respect the training or materials provided. All examples are hypothetical and are for illustrative purposes only. Our training is not intended and should not be interpreted or relied upon as legal advice. We encourage you to seek advice from a qualified professional. 2 2 02/10/2016 Objectives February 1st changes Review cash flow analysis concepts and business structures Convert tax entries into cash flow: − Review K-1s, Partnership, S Corporation and Corporation returns Rental income analysis with Form 8825 Complete business cash flow using Borrower case study 3 3 02/10/2016 Significant Updates Completion of new Form 1084 only required for selfemployed income Use & documentation of K-1 income Completion of FNMA Form 1088 - Comparative Income Analysis – when business returns are required Alternate, documented methodology acceptable 4 4 02/10/2016 New Form 1084 Individual 1040 section: Analysis is limited to these Self-Employed income sources 6 5 02/10/2016 New Form 1084 Partnership & S Corp Use of K-1 Ordinary Income/Losses: To use Ordinary Income you must document access to income by: History of distributions consistent with ordinary income Or Other documentation 7 6 02/10/2016 Partnership/S-Corps K-1s No history of distributions? Is it by choice? Business is solvent Positive income trends OR Is it by default? Business Agreement prohibits Business is insolvent – can’t afford it 8 7 02/10/2016 Partnership/S-Corp K-1s IF… • K-1s reflect history of receiving cash distributions consistent with ordinary income being used to qualify THEN… • K-1 ordinary income may be included in borrower’s cash flow STOP. • Nothing else is required 9 8 02/10/2016 Partnership/S-Corp K-1s With Distributions K-1 documents: Stable history Receiving distributions Consistent with business income 10 9 02/10/2016 Partnership/S-Corp K-1s IF… • K-1s do not reflect history of receiving cash distributions OR distributions consistent with level of ordinary income BUT…you can document borrower’s: • Ownership share • Access to income (not required if 100% owner) • Business has adequate liquidity to support withdrawal of earnings THEN… • K-1 income may be included in borrower’s cash flow 11 10 02/10/2016 Partnership/S-Corp K-1s Without Distributions K-1 documents: Consistent level of business income AND Borrower can document: 1. Ownership share 2. Has access to income 3. Business has adequate liquidity to support withdrawal #1 12 11 02/10/2016 Access to Income #2 13 12 02/10/2016 Liquidity Ratios- #3 Module 3 of MGIC’s SEB Manual 14 13 02/10/2016 Business Tax Returns – Trend Analysis Used to evaluate the business’ income history and trends: Is the business stable? Can it sustain paying the income to borrower? 15 14 02/10/2016 Form 1088 Income Trending: FNMA Form 1088 Alternate, documented methodology 16 15 02/10/2016 Page 3-13 of MGIC’s SEB Manual Business Tax Returns – Trend Analysis 17 16 02/10/2016 Analyzing Business Tax Returns Used to evaluate the business’ income history and trends: Is the business stable? Can it sustain paying the income to borrower? One year of taxes – no trending 18 17 02/10/2016 Analyzing Financial Statements Business Entity Is it stable, viable, solvent? Profit & Loss Statements Balance Sheets Income Statements 19 18 02/10/2016 Objectives February 1st changes Review cash flow analysis concepts and business structures Convert tax entries into cash flow: − Review K-1s, Partnership, S Corporation and Corporation returns Rental income analysis with Form 8825 Complete business cash flow using Borrower case study 20 19 02/10/2016 Taxable Income vs. Cash Flow Taxable Income Cash Flow Income 21 20 02/10/2016 Non-cash Expense Expenses deducted from cash flow that do not require an actual cash payment 3 types of ‘Non-cash’ expenses – Depreciation – Depletion – Amortization Non-cash expense can be added back to cash flow if included in total expenses Form 2106, Schedule C, E, F & business returns 22 21 02/10/2016 IRS Limited Expenses Meals and Entertainment − Schedule 2106, C, and Business Returns 23 22 02/10/2016 Recurring Income & Expense Nonrecurring Income & Expense Income: Expected to continue 3 or more years Income: One-time occurrence (e.g., sale of an asset, prize) Expense: Day-to-day cost of business operations Expense: Extraordinary onetime occurrence (e.g., casualty loss) 24 23 02/10/2016 Business Structures Sole Proprietorship • Schedule C • Note: In some instances an LLC may be filed with Schedule C Partnership • Form 1065 e.g. General, Limited & Limited Liability • K-1 (Form 1065), e.g. General, Limited & Limited Liability Company Corporation • S Corporation – Form 1120S • K-1 (Form 1120S) and/or W-2 • Corporation – Form 1120 & W-2 25 24 02/10/2016 MGIC’s Form Includes all fields on Form 1084 PLUS … Assists in analysis of “non self-employed income”: -commissions/2106 expenses -interest/dividend income -alimony 26 25 02/10/2016 MGIC’s Form Matches fields on Form 1084 ; use of K-1 Ordinary Income/Loss 27 26 02/10/2016 Cash Flow Analysis AGI Method Adjusted Gross Income SAM Method Schedule Analysis Method 28 27 02/10/2016 Cash Flow Analysis – 29 28 02/10/2016 Cash Flow Analysis – AGI Method 30 29 02/10/2016 John and Ginny Borrower – 1003 Summary Jointly John Ginny • Married with no dependents • Own three rental properties • Sole proprietor of Up & Running computer service • 20% partner in Tanglewood Realty • 50% owner of Creative Network Design Services, an S Corporation; he does not take an active part in management • 50% owner of Westchester Development, LLC • 100% owner and manager of Interior Innovations Incorporated, a regular corporation • Part-time sales rep for Creative Greeting Cards • 50% owner of Westchester Development, LLC 31 30 02/10/2016 John and Ginny Borrower – 1003 Summary Jointly John Ginny • Married with no dependents • 20% partner in Tanglewood Realty • 50% owner of Creative Network Design Services, an S Corporation; he does not take an active part in management • 50% owner of Westchester Development, LLC • 100% owner and manager of Interior Innovations Incorporated, a regular corporation • 50% owner of Westchester Development, LLC 32 31 02/10/2016 Case Study pg. 3 Form 1040 33 32 02/10/2016 Form 1040 34 33 02/10/2016 Case Study pg. 1 Manual pg. 1-3 Form W-2 35 34 02/10/2016 Case Study pg. 3 Manual pg. 1-5 Form 1040 Savings/CD’s Stocks/mutual funds Divorce decree i.e., Seasonal work? i.e., Consulting/contract 36 35 02/10/2016 Business Structures Partnership Corporation • Form 1065 e.g., General, Limited & Limited Liability • S Corporation – Form 1120S • K-1 (Form 1065), e.g., General, Limited & Limited Liability Company • Corporation – Form 1120 & W-2 • K-1 (Form 1120S) and/or W-2 37 36 02/10/2016 Flow of Partnership/S Corporation Income or Loss 1065 Partnership Return Partnership S Corporation Line 22 __________ Income / Loss 1120S S Corporation Return Line 21 __________ 1065 Schedule K-1 Ownership % Lines 1 _________ 2 _________ 3 _________ 1120S Schedule K-1 Ownership % Lines 1040 Schedule E Part II 1040 Line 17 ___ 1 _________ 2 _________ 3 _________ 38 37 02/10/2016 Case Study pg. 14 Manual pg. 1-47 Schedule E – page 2 39 38 02/10/2016 Case Study pg. 16 Manual pg. 2-5 Schedule K-1 (Form 1065) 40 39 02/10/2016 Case Study pg. 16 Manual pg. 2-3 Schedule K-1 (Form 1065) 41 40 02/10/2016 Case Study pg. 16 Manual pg. 2-5 Schedule K-1 (Form 1065) X 42 41 02/10/2016 Section IX, Partnership K-1 (Form 1065) - Tanglewood Effect on Cash Flow Analysis 43 42 02/10/2016 Case Study pg. 18 & 19 Manual pg. 2-3 & 2-5 Schedule K-1 (Form 1065) 44 43 02/10/2016 Section IX, Partnership K-1 (Form 1065) - Westchester Effect on Cash Flow Analysis 45 44 02/10/2016 Section X, Form 1065 & Section IX, Partnership K-1 (Form 1065) - Westchester Effect on Cash Flow Analysis 4 3 0 0 0 0 0 46 45 02/10/2016 Case Study pg. 27-31 Manual pg. 2-9 to 2-15 47 46 02/10/2016 Case Study pg. 32 Manual pg. 2-7 If John & Ginny are personally liable for debt… But Partnership owns the property 48 47 02/10/2016 Case Study pg. 32 Manual pg. 2-7 If John & Ginny are personally liable for debt…but Partnership owns the property X 49 48 02/10/2016 Rental Income Worksheet That’s it… stop. 50 49 02/10/2016 Case Study pg. 20 Manual pg. 2-17 Schedule K-1 (Form 1120S) Shareholder’s percentage of stock ownership for tax year – 50% 51 50 02/10/2016 Partnership/S-Corp K-1s IF… • K-1s do not reflect history of receiving cash distributions OR distributions consistent with level of ordinary income BUT…you can document borrower’s: • Ownership share • Access to income (not required if 100% owner) • Business has adequate liquidity to support withdrawal of earnings THEN… • K-1 income may be included in borrower’s cash flow 52 51 02/10/2016 Liquidity Ratio 53 52 02/10/2016 Balance Sheet Case Study pg. 37 Manual pg. 2-25 54 53 02/10/2016 Current Ratio 55 54 02/10/2016 Section XI, S Corporation K-1 (Form 1120S) Effect on Cash Flow Analysis 56 55 02/10/2016 Case Study pg. 34 Manual pg. 2-21 Form 1120S 57 56 02/10/2016 Form 1120S – page 1 Case Study pg. 34 Manual pg. 2-21 58 57 02/10/2016 Form 1120S – page 4 Case Study pg. 37 Manual pg. 2-25 59 58 02/10/2016 Case Study pg. 38 Manual pg. 2-27 Form 1120S – page 5 60 59 02/10/2016 Section XII, Form 1120S Effect on Cash Flow Analysis 61 60 02/10/2016 Case Study pg. 39 Manual pg. 2-29 Form 1120 62 61 02/10/2016 Case Study pg. 39 Manual pg. 2-29 Form 1120 – page 1 63 62 02/10/2016 Case Study pg. 39 Manual pg. 2-29 Form 1120 – page 1 64 63 02/10/2016 Case Study pg. 44 Statement 1 65 64 02/10/2016 Case Study pg. 43 Manual pg. 2-37 Form 1120 page 5 66 65 02/10/2016 Case Study pg. 43 Manual pg. 2-37 Form 1120 – page 5 67 66 02/10/2016 Case Study pg. 45 Manual pg. 2-39 Form 1125-E 68 67 02/10/2016 Section XIII, Form 1120 Effect on Cash Flow Analysis 69 68 02/10/2016 Cash Flow Analysis Summary 70 69 02/10/2016 Purpose of Cash Flow Analysis Verify qualifying income that is: 71 70 02/10/2016 Summary February 1st changes Identified common income sources Discussed taxable income vs. cash flow Defined key business structures Analyzed self-employed borrower(s) Completed cash flow analysis 72 71 02/10/2016 www.mgic.com/seb2014 www.mgic.com 73 72 02/10/2016 Editable Cash Flow Forms www.mgic.com/seb2014 NEED HELP? 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