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Investment Policy Statement (IPS), fiduciary professional, Investment Policy Statement (IPS) process and fiduciary process
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Kevin Taylor

Why a Investment Policy Statement (IPS) is an essential part of investment governance?

An Investment Policy Statement (IPS) is a vital document that outlines the guidelines for investment decisions within an individual financial plan, or as part of the efforts of a business, trust, or family office. This document is critical because it provides a framework for how investments should be managed, who is responsible for making decisions, and what the investment objectives are. Creating an IPS requires careful consideration and collaboration between investors and fiduciaries. In this blog post, we will discuss what to include in an IPS, how to draft it, and the critical questions that investors should discuss. These articles will help discuss important parts of the Investment Policy Process and draft an IPS: What to include in an Investment Policy Statement? How to draft an Investment Policy Statement? Critical questions that investors should discuss What are the Fiduciary Responsibilities? When creating an Investment Policy Statement (IPS) for a trust or family office, it is essential to use a fiduciary process and an Accredited Investment Fiduciary (AIF®). An IPS outlines the investment objectives, risk tolerance, and guidelines for managing assets or property on behalf of a client or beneficiary. The fiduciary process and AIF® help ensure that the IPS is created with the highest level of care and diligence and that the interests of the client or beneficiary are protected. A fiduciary process is a structured approach to managing assets or property that emphasizes transparency, accountability, and adherence to fiduciary responsibilities. This process includes four key steps: (1) establish investment objectives and goals, (2) develop an investment strategy, (3) implement the investment strategy, and (4) monitor and evaluate the investment strategy’s performance. By following the fiduciary process, fiduciaries can make informed decisions based on the client or beneficiary’s needs and objectives, and minimize the risk of conflicts of interest or other ethical breaches. An Accredited Investment Fiduciary (AIF®) is a professional who has completed specialized training and certification in fiduciary standards and best practices. AIF®s have demonstrated their knowledge and expertise in managing assets or property on behalf of clients or beneficiaries and upholding their fiduciary responsibilities. By working with an AIF®, fiduciaries can ensure that their IPS is created with the highest level of care and diligence and that they are complying with industry best practices and regulatory requirements. In conclusion, using a fiduciary process and an Accredited Investment Fiduciary (AIF®) is critical when drafting an Investment Policy Statement (IPS) for a trust or family office. These tools help ensure that the IPS is created with the highest level of care and diligence and that the interests of the client or beneficiary are protected. By following a structured process and working with a qualified professional, fiduciaries can manage assets or property in accordance with best practices and fiduciary standards.

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tax planning
Articles
Kevin Taylor

Year-End Tax Planning Under the Biden Administration

A lack of political clarity means not knowing whether Democrats can push their legislative agenda faster. If Democrats gain control of the US Senate, Republicans won’t have the control to force legislation gridlock. Therefore, without this crucial information year end planning just got much more difficult as the decision to who has control of the Senate is likely not coming until January 5th, 2021. Currently, Republicans are likely to keep control of the Senate; however, if Democrats seize the two seats in Georgia, then a 50/50 split would mean VP Kamala Harris gets the deciding vote which means Democrats control the Senate.  The question is to act now before years end and push a lot of income to 2020 or hold off and risk having to pay almost twice as much in taxes if the tax code legislation gets passed. Under the Biden administration, the current proposal has ordinary income tax rates for those making $400,000 a year or more increasing substantially and long term capital gains tax rate equal to ordinary income tax rates when in excess of 1 million. For those earners earning just over $400,000 the tax hit will be a tough pill to swallow. The tax on long term capital gains would be at ordinary income tax rates to the extent gains are in excess of >$1mm of income (including non-capital gain income).   One strategy is doing a Roth Conversion (or a Back Door Roth). In short, taking money out of your IRA and converting it to your Roth so you pay taxes now for the long term play of those assets growing tax free). Unfortunately, since the Republicans passed the Tax Cuts and Jobs Act this decision is now irrevocable. Previously, you used to be able to do a conversion, wait to see if tax law changed, and if it did where it wasn’t beneficial to have done the conversion then you could recharacterize it and pretend you never did it. Now that conversion becomes irrevocable making the decision a more calculated one.  In 2020, the highest capital gains tax rate is 20%. In 2021, the Biden administration has proposed an increase to 39.6%. This increase has a huge impact on whether or not you take gains now and harvest some of your profits as you could potentially decrease your rate by almost half depending on your tax rate. Now these changes will probably not go into effect until 2022, understanding future tax implications will be key as you head into possibly the last year in the next 4 of low tax rates.  Furthermore, as if the situation isn’t already complicated, the Biden administration proposed eliminating the step-up in basis of capital assets at death. For those looking to pass highly appreciated assets to loved ones so they can capitalize on the step up in cost basis which used to be a great strategy, would now force their beneficiaries to pay all taxes on appreciated assets at death which could push them into the highest bracket. A potential increase in taxes in 2021 means accelerating income and deferring deductions when they’re more valuable in 2021. However, if you’re already itemizing deductions then you may benefit from claiming your deductions this year as the new Biden administration proposal would cap itemized deductions benefit at 28%. It may be beneficial to defer for all income earners any deduction that won’t be counted in 2020 into 2021 if there is a chance the rules change. So for example, if you had a $100 of income at the 37% rate then you’d only get a 28% deduction moving forward.  The Qualified Business Income (QBI) under the Biden Proposal could potentially vanish as well. So for small to midsize businesses that aren’t specified service trade companies this will have a substantial impact on their tax liability. The current QBI is a 20% deduction on income <$400,000 and without that decrease income business owners could face a large jump in their tax rate. This now increases the potential benefit to accelerate business income into 2020.  Another change could come from SALT legislation. What will happen to the $10,000 SALT next year? This year, 2020, most likely nothing is going to change. But next year, if you’ve already reached your 10k limit on SALT then paying them today has zero benefit; however, pushing your estimated tax payments or deferring your property tax till Jan 1, 2021 at least gives you a chance to benefit.  Looking ahead, there could potentially be a large shift in how we use retirement vehicles. The current plans clearly benefit high income earners by making large contributions to IRAs/401ks and reducing their income tax liability dollar for dollar while lower income earners benefit from contributing to Roth IRAs at currently low tax rates and letting that money grow tax-free. However, with the proposal now, the lower your income the more it makes sense to use a Traditional IRA, and the higher the income, the Roth is more likely to give you a better tax break.  The higher your marginal rate is over ~26% the more it makes sense to use a Roth as the new legislation is a flat tax credit for everyone. So if you’re in the 37% tax bracket, there is a negative delta of 11%, so using a Roth is more beneficial. If let’s say you’re in the 10% tax bracket, you’re getting a credit of 26% giving you a positive delta of 16% which then could be used to do a conversion (Roth Conversion) of $16,000 as the credit would pay for your tax bill.  Other changes include: Expanded Child Tax Credit $3,600 for children <6 $3,000 for children 6-16 Expanded Child and Dependent Care credit $8,000 for a single child $16,000 for two or more children First Time Homebuyer Credit $15,000 Advanceable and refundable New Caregiver Credit $5,000 No 1031 exchanges for taxpayers with income > $400,000 (inclusive or exclusive of capital gain income is unknown). For those fortunate enough to have

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Articles
Kevin Taylor

The coming distress in office real estate and how to make the most of it

The squeeze in commercial real estate in the office group is causing a challenging situation faced by owners of office buildings who need to refinance their loans amid a record-high vacancy period. As a result of the COVID-19 pandemic, many businesses have shifted to remote work, which has led to a decrease in demand for office space. This has caused vacancy rates in commercial real estate to reach record highs in many cities. When owners of commercial properties need to refinance their loans, they must provide proof of occupancy rates and rental income to lenders. With the high vacancy rates, it may be difficult for owners to meet the lender’s requirements, which could lead to higher interest rates or even the inability to secure financing. The cost of borrowing money in the US has gone up a lot in the past year. This has caused big problems for banks and could cause problems for owners of commercial real estate, which means buildings used for businesses. They might have trouble getting new loans to pay for old ones that are due soon. A lot of money, almost $450 billion, is due to be paid back in 2023. This is happening because the Federal Reserve, which is a group that controls the money in the US, raised the cost of borrowing money from almost nothing to 5%, which is the biggest increase in a long time. With nearly $450 billion in commercial real-estate debt set to mature in 2023 – meaning a final payment on those loans are due, per data cited from Trepp by JPMorgan. This situation may cause a fire sale in the commercial real estate market because more distressed sellers may enter the market, looking to offload their properties quickly. This increase in supply, coupled with decreased demand, may lead to a drop in property values and lower selling prices.   What does this mean for investors in traditional REITs and Real Estate Mutual Funds: A vicious cycle can occur in mutual funds and real estate investment trusts (REIT) within the fund underperforms, leading investors to redeem their shares. This can cause a chain reaction where more and more investors exit the mutual fund or the REIT, which can lead to a further decline in performance. When a mutual fund invests in a REIT, it purchases shares in a company that owns and manages real estate assets. The performance of the REIT depends on the value of these assets and the ability of the company to generate income from them. If the assets decline in value or the company is unable to generate sufficient income, the REIT’s performance may suffer. If the REIT underperforms, investors may become dissatisfied with the mutual fund’s overall returns and may choose to redeem their shares. This can cause a reduction in the assets under management of the mutual fund, which may force the fund manager to sell off some of the REIT shares to meet the redemption requests. If this selling pressure exceeds the demand for the REIT shares, it can further decrease the value of the shares, causing more investors to redeem their shares and leading to a further decline in performance. This cycle of poor performance, redemptions, and a further decline in performance can continue until the mutual fund or the REIT is no longer viable, and the investment is liquidated. To avoid this cycle, investors should carefully evaluate the performance of the REIT within the mutual fund and consider the long-term potential of the underlying real estate assets before investing. Additionally, investors should have a long-term investment horizon and avoid making impulsive investment decisions based on short-term market movements.   It’s already having an effect on one of the most high-profile REITs Currently, Blackstone has suspended the redemption program for BREIT, meaning that investors are unable to sell their shares at this time. This decision was made in response to the economic uncertainty caused by the COVID-19 pandemic, as Blackstone believed that selling assets in the current market would result in losses for investors. The effect of this decision is that investors who were planning to redeem their shares in the near future will have to wait until the redemption program resumes. This could cause financial hardship for some investors who may have relied on these funds for liquidity or other financial obligations. However, it’s worth noting that the suspension of the redemption program is a temporary measure, and Blackstone has stated that they will resume redemptions as soon as they believe it is in the best interest of investors. In the meantime, investors can continue to receive dividends from their shares in BREIT, which may provide some financial relief. What does this mean for the coming “Fire sale” on Office Properties? Furthermore, as more distressed sellers enter the market, it could create a downward spiral in property values, leading to further distress in the market. This could cause lenders to tighten their lending criteria even further, making it even more difficult for owners to refinance their loans. If there is a fire sale in office properties in 2024 and 2025, prepared investors may be able to take advantage of the situation by following these strategies: Be Ready with Cash: Prepared investors should have cash available to take advantage of the potential buying opportunity. With cash in hand, investors can quickly make an offer on a property and close the deal without the need for financing. Conduct Due Diligence: Before investing in any property, it’s important to conduct thorough due diligence. This involves analyzing the property’s financial performance, tenant mix, location, and potential for appreciation. Prepared investors should conduct their due diligence in advance so that they are ready to move quickly when the opportunity arises. Look for Distressed Assets: A fire sale often involves distressed assets, which are properties that are being sold due to financial difficulties. Prepared investors should look for distressed assets that have the potential for appreciation and can be turned around with some investment and management. Negotiate a Good Price: In a fire sale, the

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