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Kevin Taylor

Can manufactured homes can be considered like-kind property for tax purposes under IRC Section 1031

Q: I was wondering if manufactured homes can be considered like-kind property for tax purposes under IRC Section 1031. A: It turns out that the classification of manufactured homes depends on whether they are classified as real property or personal property. If a manufactured home is permanently affixed to land that the homeowner owns, it can be classified as real property. Just like traditional site-built homes, these manufactured homes are tangible structures that are permanently attached to the land. They have an APN number assigned by the county tax assessor for identification and record keeping. If you receive an annual property tax bill from the county, it confirms that your home is considered real estate and can be used for a 1031 exchange. On the other hand, if a manufactured home is considered personal property, it means that it is often installed on a temporary foundation on leased land. In this case, the homeowner has the option to move the home to another location. This classification is similar to that of a vehicle, and the homeowner receives an annual registration renewal from the DMV. Since mobile homes classified as personal property are not considered real estate, they do not qualify for tax deferral treatment under IRC Section 1031. If you want to confirm whether your home is classified as real or personal property, it’s a good idea to reach out to a Title Insurance company. They can provide you with the necessary information about the classification of your property. Hope this helps you understand the distinction between manufactured homes classified as real property and personal property for tax purposes!

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Articles
Peter Locke

8 “Make or break” tax strategies for real estate agents and brokers to round out 2021

Key points in this article: The effects of rising home prices on Real Estate Agents tax liabilities Long-term methods for reducing your overall tax exposure Compensation alternatives that save on taxes We have been meeting with several real estate professionals. Rising home prices are leading to higher commissions and greater tax liability. One common theme has been that each of them thinks, “their CPA has done everything they can to help” but very few of them have installed the tax ecosystem that will help them avoid the most taxes. While the CPAs have done what they can to help identify and capture deductions in the rearview mirror, InSight is working with these real estate professionals to get prepared for 2021 and beyond with far more lucrative options for tax mitigation and investing. Here are the eight tax conscious strategies the real estate agents need to run, not walk, to get set up by the end of the year: Self Directed IRAs – It’s no secret that Real Estate professionals love owning real estate, it’s close to home, they are fluent in the market, and often can front-run great opportunities. While we think there is value in diversity, we don’t think you should break away from something that works. The issue is, we’ve worked with several agents and brokers who see huge gains in the assets in the last decade, only to turn around and give 20%-40% back to the government in the form of capital gains taxes and depreciation recapture. Savvy brokers need to get better about working with a CFP® to make a forward-looking plan to mitigate those taxes and a Self-Directed IRA might be part of that plan.  SEPs, Corporate 401(k) or Solo 401(k) – Most of the brokers we work with are 1099 employees, and if you are, you’re going to have to be in the driver’s seat regarding what method of tax-advantaged savings vehicles you use. What’s unique for Agents we work with, is that the strategy might change from year to year. One of our clients used a SEP in 2019 then a Solo 401(k) in 2020 in order to match the changes in her personal income. This is fine, as each of these methods can work to optimize the savings rate and maximize the success rate of her plan. The key is working closely with their CFP® to know what the year is going to look like, and how best to account for the income. OZ funds – Use your capital gain proceeds from a recent sale and invest it into opportunity zone funds, real estate, or businesses. The benefit now is the ability to defer your current tax liability until 2026 while also receiving tax-free growth on your investment after holding it for 10 years. Real Estate agents often have personal assets that have accrued capital gain liabilities in the past. This is a program that allows them to mitigate the past liability and avoid some of the taxes they will owe as the new asset grows in value.  Diversity – Becoming wealthy and staying wealthy means diversifying your income streams and risk into different sectors, industries, and accounts in order to give investors flexibility with liquidity, estate planning, tax mitigation, and correlation of returns between assets. Several of the agents we work with have had fantastic success with real estate assets which in turn causes them to neglect other, more tax advantageous and growth capable vehicles.  Cash Balance Plans – Great for Real Estate owners that want to “super fund” (2021 Contribution Limit is $281,000) their retirement while simultaneously reducing their tax liability. This is an underutilized strategy for agents. Any of them will have huge years here and there and are without the tax ecosystem to get those big commission checks into a tax advantages account. A single year of being able to set aside over $200k into your tax-advantaged retirement account can make up for about 5-7  years of neglecting it.  Capital Gain Harvesting – Capture gains proactively (death and gifting will soon be realization events). Most of us have heard of tax loss harvesting but an equal and effective way to mitigate future tax liabilities can be to realize gains along the way in order to reset the basis in investments. There will be times when strategically capturing your gains and accepting your losses can help you pay lower taxes each year.  Private Placement Life Insurance – An incredible way to fund a life insurance product that gives you tax-free growth and access to the cash value. The reason Real Estate agents like using this form of tax-free growth is it gives them the freedom and flexibility to fund other real estate ventures, grow their brokerage, or find other investments.   Many of these methods can be used for most small business owners and entrepreneurs, but for real estate agents working in this climate of elevated home prices these are our “run don’t walk” ideas for getting yourself in the best possible tax position through the end of the year. 

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Colorado real estate investment professionals, real estate planning, commercial real estate investments
Articles
Kevin Taylor

What to know about investments in industrial buildings

Investing in industrial properties, such as warehouses and manufacturing facilities, can be a lucrative opportunity for investors. However, like any investment, it comes with its share of benefits and drawbacks. Benefits of Industrial Investments: High cash flow potential: Industrial properties often have long-term tenants and can generate high rental income, providing a reliable cash flow for investors. Lower operating costs: Industrial properties typically have lower maintenance costs and fewer tenant turnover expenses compared to other types of commercial real estate. Increasing demand: The growth of e-commerce and logistics industries has increased the demand for industrial properties, making them a valuable investment. Diversification: Investing in industrial properties can provide diversification to an investment portfolio. Drawbacks of Industrial Investments: Location: Industrial properties are often located in less desirable areas, which can affect their value and potential for rental income. Tenant risk: Industrial tenants may have specialized requirements and may be more difficult to replace if they vacate the property. Environmental issues: Industrial properties may have environmental risks or liabilities associated with them, which can impact the property value and require costly remediation. Limited tenant base: The tenant pool for industrial properties may be limited to a specific industry or type of business. The most exciting benefit of investing in industrial properties is the high cash flow potential and increasing demand. The cap rate, or the ratio of net operating income to property value, should be evaluated to ensure a good return on investment. Generally, a higher cap rate indicates a better return on investment, but this can vary depending on the location and condition of the property. There is a moderate level of risk involved in investing in industrial properties. Location, tenant risk, environmental issues, and limited tenant base are all factors that can impact the value and potential for rental income. People typically invest in a variety of industrial properties, including warehouses, distribution centers, manufacturing facilities, and storage units. The specific type of industrial property depends on the investor’s goals and market conditions. In conclusion, investing in industrial properties can offer high cash flow potential and diversification to an investment portfolio. However, careful evaluation of the property and market conditions is necessary to minimize risk and maximize returns.

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