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Kevin Taylor

Tax Mitigation Playbook: Allowable closing expenses in 1031 Exchanges

Selling and buying a home is full of fees, expenses, and individual line items that can confuse the process and generate much of the closing paperwork. When selling or purchasing an investment property in a 1031 exchange process, certain selling expenses paid out of the sales or 1031 exchange proceeds will result in a taxable event for the exchanger. The IRS is very clear about many of these costs of selling a property, for example, routine selling expenses such as broker commissions or title closing fees will not create a tax liability.  Inversely most operating expenses paid at closing from 1031 proceeds will create a tax liability for the exchanger. The IRS, over time and in several notes, instructions and guidelines has made the following clear: Allowable closing expenses for IRS 1031 exchange purposes are: Real estate broker’s commissions, finder or referral fees Owner’s title insurance premiums Closing agent fees (title, escrow, or attorney closing fees) Attorney or tax advisor fees related to the sale or the purchase of the property Recording and filing fees, documentary or transfer tax fees Closing expenses that result in a taxable event are: Pro-rated rents Security deposits Utility payments Property taxes and insurance Associations dues Repairs and maintenance costs Insurance premiums Loan acquisition fees: points, appraisals, mortgage insurance, lenders title insurance, inspections, and other loan processing fees and costs To reduce the taxable consequences of these operating, financing, and other closing fees, try to: Pay security deposits, pro-rated rents, and any repair or maintenance costs outside of closing, or deposit these amounts in escrow with the closing agent. Treat accrued interest, prorated property tax payments, or security deposits as non-recourse debt that the exchanger is relieved of on the sale of their old property, which could be offset against the debt assumed on the replacement property. Note: this would only work if mortgage debt is obtained on the replacement property purchase that exceeds the mortgage debt paid off on the sale of the relinquished property. Match any prepaid taxes or association dues credited to the investor against the unallowable closing expenses listed on the settlement statement. Check with your tax advisor prior to the closing to review the closing settlement statements to determine if there is an opportunity to avoid a taxable transaction in your 1031 exchange. It’s possible that an exchanger has a long-term loss carry forward or non-recognized passive operating losses that could offset the taxable amount. Please note that all material provided in this newsletter is for informational purposes only and the author is not providing legal, tax accounting, or other professional services. The accuracy of the information provided as it pertains to your situation is not guaranteed. Please seek professional consultation if legal, tax accounting, or other expert assistance is required.

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Boulder Financial Planning Experts
Articles
Kevin Taylor

Why InSight invented the Relationship Balance Sheet

Financial Planning is something that we should all do in order to make sure that we are ready and prepared for the future. The earlier you start, the easier it will be to get there. Along the way, there will be several milestones and headwinds. So in anticipation of those moments, we document the decisions and behaviors we have helped clients change that put their financial plans in better soil. We call that document the Relationship Balance Sheet At InSight, we think it’s important to do two things as part of the financial planning process. First, we think that the efforts our clients are engaged in, like putting the needs of their future before the needs of the present and finding new and creative ways to get ahead of the game in planning. Secondly, we think having a documented record of our progress in our habits and behaviors is a valuable source of support when things get hard and markets get rough.  Knowing that we are doing the controllable parts of financial planning, the process of financial planning, we know that our futures are intact and the plans will unfold the way we anticipate.  Individuals and businesses are always looking for someone they can trust with their finances. As the number of people reaching retirement age rises, the skills required of financial planners need to become more sophisticated. This is why InSight has crafted the “Relationship Balance Sheet”, a method of taking stock of the efforts our clients make and reflecting them back on our clients. Partly as a way of showing clients the less tangible progress they have made in the prior year, and partly as a way of documenting the decades of positive decision-making that got clients to their goals.  We at InSight have yet to find a way to chart the long-term impact of every success we have been able to coach into the habits of our clients, so we developed the Relationship Balance Sheet to enshrine and celebrate

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Boulder Financial Planners and Real Estate Experts
Articles
Kevin Taylor

How to “use” Depreciation and why it’s in your K-1?

How to “use” Depreciation: Basic Definition: Depreciation is a method used to allocate the cost of a tangible asset (like a building, machine, or vehicle) over its useful life. Since assets wear out or become obsolete over time, they lose value. Depreciation is a way to recognize this decrease in value on financial statements and for tax purposes. Simple Analogy: Imagine you buy a car for $20,000, and you expect it to last for 10 years. Each year, the car loses a bit of its value. So, instead of deducting the entire $20,000 from your income in the year you buy the car, you deduct a portion of it each year over the 10 years. This annual deduction is the depreciation expense. Depreciation in your K-1: What’s a K-1?: Schedule K-1 is a tax form used in the U.S. for partnerships, S corporations, and certain trusts. It represents an individual’s share of income, deductions, credits, etc., from these entities. If you invest in one of these entities, you receive a K-1 detailing your portion of the income or loss. Why Depreciation is Relevant: When a partnership (or similar entity) owns tangible assets like real estate or equipment, those assets get depreciated. This depreciation provides a tax deduction for the entity, thereby reducing its taxable income. If you’re an investor in that entity, your share of that depreciation appears on your K-1. On your personal tax return, this can offset other income, potentially reducing the amount of tax you owe. In simpler terms, depreciation on a K-1 represents your piece of a tax benefit stemming from the tangible assets the business entity owns and uses. This benefit can reduce your taxable income, which could potentially lower the amount of taxes you need to pay.   These are Typical Sources of Depreciation in the expenses of an investment: Furnishing and Fixtures Definition: These are movable furniture, fittings, or other equipment that are used in a business or home but are not integral to the building. Depreciation: Typically, these are depreciated over a 5 to 7-year period using the Modified Accelerated Cost Recovery System (MACRS) for U.S. tax purposes. Laundry Equipment: Definition: Equipment specifically designed for cleaning fabrics, such as washing machines, dryers, and ironing machines. Depreciation: Often depreciated over a 5 to 7-year life using MACRS. Computers: Definition: Electronic devices used to process data and perform tasks. Depreciation: Typically, computers are depreciated over a 5-year period using MACRS. Automobiles: Definition: Vehicles primarily designed for on-road use. Depreciation: Generally depreciated over a 5-year period using MACRS, but there are specific rules and limits, especially for passenger vehicles. Personal Property: Definition: This can refer to items that aren’t permanently attached to or part of the real estate. It could include machinery, tools, or other movable properties. Depreciation**: The period varies but often falls in the 3 to 7-year range, depending on the specific type of property and its use. Capital Improvements: Definition: Upgrades made to enhance the value of a property or extend its lifespan. This might include things like a new roof or an added wing to a building. Depreciation: The depreciation schedule depends on the nature of the improvement and what it’s related to. For example, if it’s an improvement to a building, it might be depreciated over 27.5 years (for residential property) or 39 years (for commercial property). Buildings: Definition: Structures like houses, office complexes, or warehouses. Depreciation: In the U.S., residential rental property is depreciated over 27.5 years, while commercial property is depreciated over 39 years using the straight-line method. Land Improvements: Definition: Enhancements to a piece of land, such as landscaping, driveways, walkways, fences, and parking lots. Depreciation: These are generally depreciated over a 15-year period using MACRS.    

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