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Kevin Taylor

Tax Mitigation Playbook: 1031 Replacement Rules to Know

The 3-Property Rule The 3-property rule states that the replacement property identification during the initial 45 days of the exchange can be made for up to three properties regardless of their total value. After relinquishing their initial property, the taxpayer can identify and purchase up to three replacement properties. A qualified intermediary often requires that a taxpayer state how many replacement properties they intend to acquire to prevent common pitfalls surrounding the receipt of excess funds and the early release of funds. The 200% Rule If a taxpayer were to identify more than three properties, they could still have a valid exchange by following the 200% rule. The 200% rule states that a taxpayer may identify and close on numerous properties, so long as their combined fair market value does not exceed double the value of their relinquished property. Using the listing price is usually a safe way of determining a fair market value for a property. The 95% Rule If the taxpayer has overidentified both of the previous rules by identifying more than three properties, and their combined value being more than 200% of the relinquished property value, the 95% value comes into play. The 95% rule defines that identification can still be considered valid after breaking the first two rules if the taxpayer purchases through the exchange at least 95% of what they identified.

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Articles
Kevin Taylor

Critical questions that investors should discuss

What is the investment objective, and what is the time horizon for achieving it? What is the risk tolerance of the trust or family office? What is the desired return, and what is the asset allocation required to achieve it? What are the investment restrictions, such as asset class limitations, ethical constraints, or legal restrictions? What is the process for selecting and monitoring investment managers? How often will the investment portfolio be reviewed and evaluated? What is the process for making changes to the investment strategy?

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Articles
Peter Locke

529 Plans: Expanded Eligible Expenses

The “Big Beautiful Bill” (OBBBA) made significant changes to how families can use 529 plan funds. These updates broaden what counts as a “qualified education expense,” giving families and professionals more flexibility in how they use these savings. Expanded K–12 Expenses Until now, the only K–12 expense eligible for tax-free 529 distributions was up to $10,000 per year for tuition. Starting July 4, 2025, families can also use 529 funds for: Curriculum materials, textbooks, and online education resources Tutoring by qualified, unrelated professionals Standardized test fees (e.g., SAT, ACT, AP exams) Dual enrollment fees for college courses taken during high school Educational therapy costs for students with disabilities (occupational, behavioral, physical, and speech-language therapies) In addition, the annual limit for these expenses will increase to $20,000 per year beginning in 2026. Planning consideration: This change is especially valuable for families with children in private or specialized education settings, or those investing heavily in college prep. In Boulder, where many families aim to send their kids to competitive universities like CU Boulder, the ability to cover test prep and dual enrollment courses with 529 funds could make a meaningful difference. Postsecondary Credential Expenses 529 funds can now also be used for professional credentials and workforce training, including: Tuition, fees, books, and materials required for credential programs Exam fees to obtain or maintain a credential Continuing education costs needed to maintain a license or certification Eligible programs include industry-recognized credentials, apprenticeships registered with the Department of Labor, state or federally recognized licenses, and other programs defined under the Workforce Innovation and Opportunity Act. Planning consideration: Not every student follows a traditional four-year college path. In a community like Boulder, where the economy includes not only CU Boulder graduates but also skilled trades, tech startups, and outdoor recreation businesses this expansion makes 529 plans more adaptable to diverse career goals. Retroactive Application The new rules apply to any distributions made after the law’s enactment, even if the expense happened earlier in the same year. That means families may be able to reimburse qualified 2025 expenses as long as the withdrawal also happens in 2025. Planning consideration: Timing matters. Boulder families who already paid for test prep courses, tutoring, or credential programs earlier in the year may now have an opportunity to reimburse those costs from their 529 savings. The Bottom Line OBBBA makes 529 plans more versatile than ever. With expanded K–12 expenses, higher annual limits, and new options for workforce credentials, families have greater flexibility in how they use their education savings. Whether you’re saving for a future Buff at CU Boulder or helping a child pursue a skilled trade or credential, these changes make 529 plans an even more powerful planning tool.  

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