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Peter Locke

Expanded Eligibility for HSA Contributions 

Health Savings Accounts (HSAs) were a hot topic in the drafting of the “Big Beautiful Bill” (OBBBA). While the original House version proposed major changes, the Senate pared it back, leaving just two notable reforms in the final law. More Plans Count as HSA-Eligible Previously, not all Affordable Care Act (ACA) exchange plans qualified as High Deductible Health Plans (HDHPs), which are required for HSA contributions. Some Bronze and Catastrophic plans didn’t meet the deductible and out-of-pocket limits to qualify. Now, under Section 71307 of OBBBA, all Bronze and Catastrophic ACA plans, whether purchased through the Federal marketplace or a state exchange like Connect for Health Colorado, are considered HDHPs. Planning consideration: This change expands HSA access to more Coloradans, including many Boulder families and young professionals who opt for lower-cost Bronze plans through the exchange. Direct Primary Care Arrangements Allowed Direct primary care (DPC) arrangements, where patients pay a flat monthly or annual fee for primary care services, used to create uncertainty for HSA eligibility. Under Section 71308 of OBBBA, individuals can now keep HSA eligibility while enrolled in a DPC arrangement, as long as fees don’t exceed $150 per month (individual) or $300 per month (family). Planning consideration: Boulder has a growing number of concierge and direct primary care practices, popular with families and busy professionals who value personalized care. Now, patients using these services can continue to build HSA savings without penalty. The Bottom Line The final law fell short of sweeping HSA reform, but it did create new pathways for eligibility. More marketplace plans now qualify as HDHPs, and direct primary care arrangements no longer threaten HSA contributions. For Boulder residents, this could mean greater flexibility in pairing local health care options, from Bronze ACA plans to direct primary care practices, with the tax advantages of HSAs.

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boulder financial planning experts with 1031 tax mitigation experience
Articles
Kevin Taylor

Tax Mitigation Playbook: Does a vacation home qualify for a 1031 exchange?

One of the most common questions asked is whether or not a vacation property qualifies for a 1031 exchange. There are three basic rules for including a vacation home in a 1031 exchange that was introduced by the IRS in 2008.  For a vacation home to qualify as relinquished property in a 1031 exchange, first the vacation home must have been held by the taxpayer for a minimum of 24 months immediately preceding the exchange. Second, the vacation home must have been rented at fair market value for at least 14 days in each of the 12-month periods. Third, the property owner cannot have used the vacation home personally for more than 14 days or 10% of the days the home was rented out (whichever is greater) within both 12-month periods.  The rules for a vacation home as a replacement property are the same as above. The property must be held for a minimum of 24 months after the close of the exchange; the property must be rented out at fair market value for at least 14 days in each 12-month period, and the taxpayer cannot use the vacation home for personal use more than 14 days or 10% of the days it was rented out (whichever is greater) in each 12-month period.  There is one small exception to the days a taxpayer can use both the relinquished and replacement properties, which states that the taxpayer can use the home for personal use above and beyond the 14 days or 10% IF the overage was used to complete improvements or maintenance. If a taxpayer plans to utilize this exception, they should keep all receipts of maintenance or improvements completed during the duration of their stay, to ensure they comply with the regulations upon scrutinization. Following the rules above, a vacation property can be eligible property for a 1031 exchange. It is strongly recommended that a taxpayer contemplating a 1031 exchange involving vacation property discuss the transaction with their tax and legal counsel before doing so. The Complete Playbook

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Boulder Investment Professionals
Articles
Kevin Taylor

Depreciation: Where does it come from?

The rules around depreciation for rental properties have their origins in tax laws and accounting principles. Depreciation is a method used to allocate the cost of tangible assets over the years in which they are used, reflecting the reduction of value due to wear, tear, and obsolescence. The origin of the rules around depreciation for rental properties can be traced back to tax laws, accounting principles, economic rationales, and the desire to encourage investment in the real estate sector. The specific rules and methods used have evolved over time and can vary by jurisdiction. Tax Laws: In the United States, the Internal Revenue Service (IRS) has established guidelines and rules regarding the depreciation of rental properties. The Tax Reform Act of 1986 was a significant piece of legislation that modified depreciation rules. Before this Act, various methods were used to calculate depreciation, but the Act introduced the Modified Accelerated Cost Recovery System (MACRS) to standardize depreciation schedules and methods. Under MACRS, residential rental property is typically depreciated over a period of 27.5 years using the straight-line method, which means that the property’s value is written off evenly over the depreciation period. This allows property owners to deduct a portion of the property’s value from their taxable income each year, thus reducing taxable income and the amount of taxes owed. Accounting Principles: In the accounting field, depreciation is a fundamental principle used to match revenues with expenses. This matching principle is essential to accurately report the financial status and profitability of a business. When a rental property is purchased, it is expected to generate revenue over several years. Depreciating the asset over its useful life aligns the cost of the asset with the revenue it generates. Economic Rationale: The economic rationale behind depreciation rules is to encourage investment in rental properties and real estate, which in turn stimulates economic growth. By allowing property owners to depreciate their assets, the government provides an incentive for individuals and businesses to invest in real estate, which can lead to job creation, increased housing supply, and overall economic development. International Context: While the specific rules and methods might vary, the concept of depreciation for rental properties is not unique to the United States. Many countries around the world have similar principles and regulations that allow for the depreciation of assets to encourage investment and more accurately reflect the financial standing of businesses.

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