N*****t
发帖数: 209 | 1 我used 4种方式给我的客户回扣
1：双方谈好价格以后，seller further reduces the agreed price by the rebate
money and then subtract the rebate money from my commission. This is the
easiest way and nobody needs to pay tax and won't show on HUD . But the
seller and other agent have to agree , it won't work for relocation company.
2: 回扣直接写进合同。this rebate money will show as a credit from buyer
agent in the HUD. It has to be agreed by the seller, title company and the
lender. Since buyer agent rebate is a new thing, not many title companies or
lenders know. I have to explain to them how, and debate with them it is
legal.
3: 我的broker直接以公司的名仪给buyer一张check, 和1099 form. Sorry you have
to pay tax on this. The total commission will be an income to my broker and
somebody has to pay tax for it. My broker is still studying the law and try
to find how nobody needs to pay tax for the rebate. In this this way, you
must sign the buyer agent contract with me, the rebate will be written in
the contract.
4: 我给你写一张支票 or a gift card. It depends on the mount, I may give you
a 1099 form or just pay the tax for you. This needs nobody's agreement but
me. But I have to give 50% of the commission to my broker, the rebate I can
offer will be very limited in this way.
If you find my post useful , please reply it so more people can see it. | x*****r
发帖数: 2404 | 2 我碰到的情况，
agent = broker,
rebate直接作为agent's assistance towards closing，
需要mortgage那边同意接受就可以。
这部分rebate不出现在购房合同上，
只在贷款的文件上。
company.
or
【在 N*****t 的大作中提到】
: 我used 4种方式给我的客户回扣
: 1：双方谈好价格以后，seller further reduces the agreed price by the rebate
: money and then subtract the rebate money from my commission. This is the
: easiest way and nobody needs to pay tax and won't show on HUD . But the
: seller and other agent have to agree , it won't work for relocation company.
: 2: 回扣直接写进合同。this rebate money will show as a credit from buyer
: agent in the HUD. It has to be agreed by the seller, title company and the
: lender. Since buyer agent rebate is a new thing, not many title companies or
: lenders know. I have to explain to them how, and debate with them it is
: legal.
| t**s
发帖数: 6972 | 3 你自己没搞明白，任何形式的agent rebate买家都不需要缴税。你给客户1099是不对的。
IRS对此有明确的ruling，板上也讨论多次了:
http://www.irs.gov/pub/irs-wd/0721013.pdf
里面明确的提到,agent reabte是变相的降价，不是收入，所以不上税。不管是放在
closing cost里，还是closing之后给支票，都不上税。买家也没有任何必要通知IRS
。 | N*****t
发帖数: 209 | 4 Methods 1 and 2 are tax free, they are similar to lower the purchasing price
. But in methods 3 and 4, either my broker or I have to paythe tax if the
client won't pay it.
In some cases, methods 1 and 2 could not be uses. Methods 3 and 4 can be
used in any cases as long as you broker agree. But they are not equal to
lower the purchasing price. |
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