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Peter Locke

A December to Remember

https://www.youtube.com/watch?v=WcEylCwkSxEYou may have heard some of these eye catching sales promotions where a guy buys a new car and puts a giant bow on it to surprise his wife. First, under no circumstances should you buy a $50k car without the verbal and emotional consent of your spouse. Second, you should immediately review the glossary of basic sales techniques these commercials employ:  0% APR for the first 12 months Only $2,999 down and $399 a month Free charging for one year on new Tesla Model 3 or Model Y if you buy before the year’s end! Financing for as low as $50 a month for 24 months Enroll in our Rewards Program with our Credit Card and save $200 today on qualified purchases It’s the “buy now, pay later” sales technique that’s been working for decades. Since we live in a consumer world, large corporations know how to make us purchase goods and services we don’t need and can’t afford with creative financing options. If you’re guilty of falling for it, don’t worry we’ve all been there or at least been very tempted by it. Here’s how to not fall victim to sales promotions that seem like a great deal.  Point of sale finance or lending is a way to appeal to all consumers. Those that know what they want now, those that are on the fence, those who didn’t even know they “wanted or needed” something, and those that like flexibility and options instead of traditional purchasing options.  For Dental Practices, offering third party financing for elective procedures or even non-elective expensive procedures where insurance only covers a portion, is what we’ve typically seen from Point of Sale (POS) financing. But now that big banks offer credit cards that are globally accepted pretty much everywhere instead of private label (like a Best Buy) credit card, we’re seeing it pop up pretty much everywhere. For example, I was asked to either pay for or finance a $499 TV? It’s called instant financing. No approval needed. So why are retailers doing this and why should you care? Let’s say you’re looking like I was to buy a new T.V. You go into the store and you were planning on spending no more than $500. You’ve been saving and your old TVs is really small and outdated so it’s time for an upgrade. You go in and you start seeing huge TVs with big red sales signs! Your eyes light up as you go right to the TVs you can afford. You somehow aren’t nearly as excited because guess what? Right next to your $499 TV there is a huge 75 inch brand new 4k, ultrathin, curved TV for $899! The sales representative approaches, you dodge him like he’s trying to sell you girl scout cookies when you just started a diet.  Ten minutes go by and you are suddenly underwhelmed with a lack of excitement due to your 55inch TV that is in your budget being all of a sudden so small and boring. You go back to the huge TV that’s seemed to get louder and brighter. Planet Earth is playing some beautiful scene and you cannot get your mind off of it. All of a sudden the sales representative comes back and somehow this time you’re suddenly almost ready to give up on your “diet”, or budget, as this just looks too good right now. The representative asks you what you’re looking for and before you know it you’re dreaming about this 75in TV being in your family room. He then says what are you looking to spend? You softly say around $500. The representative says well if you buy this TV you’d be saving $300 as there is a big sale right now and on top of that if you sign up for the store’s credit card you’ll get 10% back for future in store purchases. They then tell you that you can finance it at just $30 a month for 30 months.  All of a sudden, you’re sold. $40 a month for 30 months is nothing! But you think to yourself well I need a sound bar if you get this huge TV because the representative just told you that if you buy this TV you get $100 off a new sound bar. He turns up the soundbar and you’re immediately sold. You grab your cart, load the TV and the sound bar and go to the checkout. They offer you the credit card and you say no as if you’ve just saved yourself from a bad decision and then the little cashier machine says $1,185. You then tell the cashier that you’re doing the finance deal and they tell you how great of a deal it is and you feel a little bit better about what you know is a bad decision. Let’s recap. You had a $500 budget and you spent nearly $1,200 in the blink of an eye. This is POS financing at it’s best. You increased your budget 2.5x by just walking into the store but this happens whether you’re online or in person unfortunately.  Now, on top of your new TV you have your mortgage, Netflix, utilities, new furniture, financed computer, car, new coffee machine and all of a sudden your monthly income is being withered away quickly. Well if we look back into our Savings 101, what is rule #1? Income – Savings = Expenses. What are you doing? Income – Expenses = Savings. Now unfortunately, instead of saving $250 a month you’re saving $210 a month. What did we learn in investing 101? The difference of $50 a month can mean hundreds of thousands of dollars later in life.  Don’t let convenience or monthly costs drive your financial decisions. Make saving your priority and what is left is your disposable income. Understand what is truly valuable and what you need vs. what the store/ media makes you think you want.  Guess what? If you think you’re beating the system

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Articles
Kevin Taylor

Section 1031 Exchange and Your Primary Residence: How They Can Work Together

When it comes to a 1031 exchange, your primary residence is generally excluded. According to the rules of Section 1031 of the Internal Revenue Code (IRC), property used for personal purposes, like a primary residence, doesn’t qualify for tax deferral. The law only applies to properties that are “held for productive use in a trade or business or for investment.” However, there are situations where your primary residence is part of a property with business or investment land, and in these cases, a Mixed-Use 1031 Exchange may apply. Mixed-use property and a 1031 Exchange A mixed-use exchange happens when the property being sold includes both a primary residence and land or structures used for business or investment purposes. Part of the property may qualify for a 1031 exchange in these scenarios, while the residential portion could be eligible for Section 121 benefits (more on that in a minute). Examples of mixed-use properties include: A home office where a business rents space in your house. A farm or ranch where you work the land as a business but live on the property. A duplex where you live in one unit and rent out the other. A single-family home with an accessory dwelling unit (ADU) that you rent out while living in the main home. As long as part of the property is used for business or investment, it could potentially qualify for a mixed-use 1031 exchange. The IRS Code: Section 1031 and Section 121 Here’s the breakdown: Section 1031 allows you to defer capital gains taxes on properties used for business or investment when you exchange them for similar properties. Meanwhile, Section 121 allows homeowners to exclude up to $250,000 ($500,000 for joint filers) of capital gains on the sale of their primary residence if they’ve lived there for at least two of the last five years. So how do you take advantage of both sections? It’s all about identifying your “principal residence”—which is typically your primary home (not your vacation home). Your primary residence can also include parts of a property that are used for business or investment. Key Questions About Combining Sections 1031 and 121 How is the Section 121 exclusion calculated? The calculation of the exclusion for your primary residence involves determining the original purchase price of your home, the cost of improvements, and the value of the residential portion of the property being sold. You can determine the value with a market analysis from a realtor or an appraisal. For joint filers, the exclusion can be up to $500,000, while single filers get a $250,000 exclusion. A common issue arises when a property has both a personal residence and a 1031-eligible business portion, and no value is explicitly allocated between the two. A current market analysis or other valuation methods can help. Consider factors like the per-acre value of the residential part compared to the larger investment property and the home’s insurance value. How is the homesite defined? When valuing the residential portion of a mixed-use property, it’s helpful to think of the land and features that contribute to your enjoyment of the home—this could include gardens, septic systems, small pastures, and more. Using aerial photos is often a smart way to determine the homesite’s boundaries and help make the valuation more precise. A Hypothetical Example Let’s walk through a simple example: Total sale price: $2,500,000 Residential portion: $800,000 Basis in the primary residence: $300,000 Section 1031 portion: $1,700,000 In this case, the primary residence portion is valued at $800,000, so the taxpayer could exclude the gain on that amount (up to $500,000 for joint filers, $250,000 for singles). Applying the 121 Exclusion to Debt Payoff One of the benefits of using the Section 121 exclusion is that you don’t have to reinvest the sale proceeds in another property. If there’s debt associated with the property, the Section 121 exclusion can help cover the debt payoff. In our example above, if the taxpayer owes $500,000 in debt, they can apply the 121 exclusion to cover that, meaning they don’t need to replace the debt with new debt in the 1031 exchange portion of the transaction. How is the 121 Exclusion Documented? The key to documenting the allocation of proceeds is ensuring there’s a clear separation between the 1031 exchange portion and the personal residence exclusion. The settlement statement from the sale will have line items showing both: one for “cash to exchanger (personal residence)” and another for “exchange proceeds to seller” (handled by the qualified intermediary). When Doesn’t Section 121 Apply? Section 121 won’t work if the property is part of a business held by a corporation or partnership—since these entities can’t own a primary residence. However, if you’re an individual or a disregarded entity like a single-member LLC or sole proprietorship, you can use the exclusion. It’s also possible to distribute the personal residence out of a business entity before the sale, but you’ll need to plan ahead—this needs to happen at least two years before the sale. Final Thoughts The Section 121 exclusion can give you a significant tax break by putting cash in your pocket without the need to reinvest. For mixed-use properties, taxpayers can use the Section 121 exclusion for the residential portion of the sale, while using Section 1031 for the business or investment portion. Keep in mind, though, that when participating in a 1031 exchange, your intent must be to hold the replacement property for productive use or investment in the long term. It’s crucial to consult with a tax or legal advisor when structuring a 1031 exchange or when considering any changes to your investment property.

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Articles
Kevin Taylor

The Room where it Happens

The future of digital assets is more about the people in the room than the asset itself. The evolving landscape of cryptocurrency regulation in the United States is increasingly being shaped not by the viability of the asset class itself, but by the individuals occupying key positions within the Securities and Exchange Commission (SEC). Personnel changes within the SEC serve as a leading indicator for the fundamental story behind non-Bitcoin digital assets—those that have long struggled for institutional legitimacy despite their technological and financial innovations.  While Bitcoin has solidified its position as an institutional-grade asset, backed by spot ETFs and growing mainstream adoption, the same access has been denied to a vast ecosystem of blockchain projects that could drive the next wave of financial transformation. This regulatory suppression of non-Bitcoin assets has limited investment funds from engaging in these projects, preventing institutional capital from identifying and supporting the most promising innovations in decentralized finance, Web3, and blockchain-based infrastructure.  With new leadership emerging at the SEC, 2025 could mark the beginning of a shift—one where policies no longer act as an artificial barrier to institutional investment but instead create pathways for these assets to be integrated into traditional finance. Gary Gensler’s departure from the SEC marks the end of one of the most aggressive regulatory stances on cryptocurrency in the agency’s history. Since taking office in 2021, Gensler maintained that nearly all digital assets, aside from Bitcoin, were securities under U.S. law—subjecting them to strict regulatory oversight and enforcement actions. His tenure was characterized by a “regulation by enforcement” approach, where major crypto firms, including Coinbase and Binance, faced lawsuits rather than clear guidance on compliance. Gensler resisted approving spot Bitcoin ETFs until legal pressure from Grayscale forced the SEC’s hand, and he consistently pushed for broader jurisdiction over the digital asset space, often clashing with crypto-friendly policymakers. His departure signals a potential shift in SEC priorities, as the incoming leadership appears more open to defining clearer rules and allowing broader institutional access to crypto beyond just Bitcoin. For non-Bitcoin assets, this could mean the first real opportunity for investment firms to offer products that include Ethereum, XRP, Solana, and other blockchain-based projects without the constant fear of regulatory crackdowns. Mark T. Uyeda: Steering the SEC Toward Crypto-Friendly Policies Appointed as the SEC’s Acting Chairman in January 2025, Mark T. Uyeda has been instrumental in reshaping the agency’s approach to cryptocurrency regulation. His tenure marks a departure from the previous administration’s stringent enforcement actions, aiming instead to foster innovation within the crypto industry. Uyeda’s initiatives include the formation of a dedicated Crypto Task Force, led by Commissioner Hester Peirce, to develop a comprehensive and clear regulatory framework for crypto assets. sec.gov Uyeda’s leadership reflects a broader pro-crypto stance within the current administration, aligning with President Trump’s vision of the United States as a global hub for the crypto industry. This approach is anticipated to resolve ongoing legal challenges and provide clearer guidelines for crypto exchanges and investors. reuters.com Hester M. Peirce: Championing Innovation with Regulatory Clarity Known affectionately as “Crypto Mom,” Commissioner Hester M. Peirce has long advocated for a balanced regulatory approach that encourages innovation while protecting investors. As the head of the newly established Crypto Task Force, Peirce is tasked with creating a regulatory environment that offers clear guidelines and practical solutions for crypto companies seeking compliance. sec.gov Peirce’s leadership is expected to be pivotal in shaping policies that facilitate institutional adoption of crypto investment products. Her focus includes clarifying the status of crypto assets under securities laws, updating broker-dealer regulations, and providing frameworks for investment advisers to custody client assets. These initiatives aim to remove existing barriers, enabling large investment firms to offer crypto-related solutions, thereby expanding access for investors and integrating crypto assets into retirement strategies like 401(k)s and IRAs. sec.gov Caroline A. Crenshaw: A Potential Shift in the Commission’s Dynamics Commissioner Caroline A. Crenshaw, appointed during the previous Trump administration, has been known for her cautious approach toward crypto regulation. With her term having expired in December 2024 and no vote taken on her reappointment, there is speculation about her future role within the SEC. The current administration may seek to appoint a successor whose views align more closely with its pro-crypto agenda, further influencing the regulatory landscape. Driving Institutional Adoption Through Regulatory Evolution The collective efforts of these key figures are poised to significantly impact the institutional adoption of cryptocurrency investment products. By establishing clearer regulatory frameworks and reducing compliance uncertainties, the SEC aims to create an environment where large investment firms can confidently offer crypto-related services. This progression is expected to open avenues for financial advisors and institutions to include crypto assets in long-term investment strategies, thereby broadening access for a wider range of investors. In conclusion, the trajectory of cryptocurrency investment access in the United States is being shaped by the strategic actions and philosophies of pivotal SEC leaders. Their commitment to balancing innovation with investor protection is setting the stage for a more inclusive and well-regulated crypto investment landscape.  

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