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Kevin Taylor

Using an Improvement Exchange

Imagine being able to sell your appreciated property with all of its gains intact, reinvesting in a new property, and having a budget for improvements, all while enjoying the capital growth of that new property immediately. Guess what? There is an exchange method for that! Here is the Issue Under the IRS rules, once you take ownership of a property, any additional expenditures used to make improvements to the property cannot count towards the value of the replacement property in the exchange. An example of this problem: say that you’re selling building A for $1m and buying building B for $800k. But Building B requires $200k in desired improvements. In a traditional exchange this is a nonstarter; because real estate exchanges have to involve disposing of and acquiring “like-kind” real estate. And unfortunately, the additional labor and materials are not considered “like-kind” for the purposes of the acquisition and cannot be part of the exchange. So the $200k in required improvements cannot be part of the transaction. However… If an InSight client prefers a situation where they need to relinquish property and desires to renovate the next property, there is a path to eliminating the tax loss of the investment AND getting your renovations done. Enter the Improvement Exchange An essential, but overlooked part of the IRS code, can help InSight clients keep their expectations of avoiding a tax loss while making desired improvements a reality. This accommodation can be used to develop the right exchange strategy for the transaction that the business or person requires. If you need to contract out for repairs or improvements, make strategic accommodations for a renter, or change the opportunity completely – this method creates the space to achieve those changes to the property. Under the IRS code in Revenue Procedure 2000-37, an independent third party may take title to the replacement property in the taxpayer’s stead and make the desired improvements on the taxpayer’s behalf. Using an Exchange Accommodation Titleholder (or EAT) In a traditional exchange, the exchange company acts as a qualified intermediary or QI. This means they act as a third-party agent that is both an arms reach from the taxpayer and they help to coordinate the timeline and reporting requirements to make the exchange IRS compliant. If the taxpayer requires improvements the conditions can change.  The exchange company can become an Exchange Accommodation Titleholder or EAT and modifications can be made before the Taxpayer takes ownership – making the desired improvements to the property before taking possession. The EAT takes title to the new property and parks, or holds, that title until the earliest of the following: 180 days from when the relinquished property is sold The improvements are completed 180 days from when the replacement property was parked by the EAT The InSight client can enter into a property improvement exchange with an EAT and direct the QI to send funds periodically to the EAT. Making the desired improvements based on the eventual owner’s instructions. Effectively making the building improvements now part of the acquired property after the close of property A and before taking possession of Property B. Seemingly limitless contractors, consultants, and designers can be paid out by the EAT during this phase, and the owner walks into Building B on day one of ownership with the work done, ready for business and with the changes they envision. In the End The client’s old properties cost basis is rolled into the new property, no taxes are paid on the sale of property A – and property B has received the required improvements to enable it to serve the investor better going forward.

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Articles
Peter Locke

The Rich Man’s Roth

Life Insurance…. Let me guess, was your first thought, “are you serious?” If so, don’t worry mine was too. How could life insurance be like anything like a Roth? When I was first presented with the idea that life insurance was more than purchasing protection about five years ago, being a CFP®, I immediately thought the same thing, this can’t be right. I mean outside of a few cases like when individuals have a high need for income protection being the primary breadwinner of the family, paying estate taxes, paying off debt and future obligations with a death benefit, or using it as a gifting strategy to avoid the estate tax exclusion (for the ultra-wealthy), I didn’t think there was more. I knew a lot of people needed it but I just thought most people would get term life insurance and call it good. It wasn’t until I spoke with a CPA and one of the leading tax attorneys in the country on multiple zoom calls, thanks Covid, where everything I thought about life insurance was flipped upside down. I think many people were and maybe still are in the same position as I once was years ago. I am here now to tell you that permanent life insurance might be one of the best-kept secrets that the ultra-wealthy have been using for decades to get tax-free income, leverage, income protection, and asset protection. Now there are a million ways to design life insurance but I want to share with you on a high level how some of the policies we design work and why it might be something that would complement the rest of your portfolio. As a financial planner, I want my clients to have a wide variety of different income streams, strategies, and ways to grow their wealth. Life insurance, I believe, was the piece I have been missing in our InSight-Full® Plan. My goal for every client is to help them reach their goals by maximizing how each dollar is used both now and in the future by simplifying each part of their financial lives. This means finding which accounts should be funded, when, how, and then how to withdraw from them when you need them. So why is life insurance so great? For the right person and situation, some types of permanent life insurance policies can provide individuals a mix of growth, protection, tax-free income, and additional leverage should they choose to use it. Let’s start with growth. Whether you’re using a universal life policy that’s tied to an index (think SP500) or ownership in an insurance company (think of a dividend payout) clients can accumulate wealth inside of a policy that’s providing them protection. As the money grows, the death benefit can also increase which means more of a payout to beneficiaries. In some types of insurance like whole life, cash accumulates (cash value) similar to that of a bank account. As that money accumulates, policy owners can withdraw that money and pay interest back to the insurance company. The beautiful part about this is the dividends paid by the insurance company for owning whole life insurance can be more than the interest being charged (leading to a positive arbitrage). Second, since most individuals use life insurance for asset protection and income protection for a certain amount of time (term insurance), permanent life insurance gives you this protection for life. Unlike term insurance, where once you reach the end of your term your coverage ends and there is no value remaining, permanent life insurance continues giving you the flexibility to use the cash value accumulated for almost anything you want. So whether you take out a loan and use that money to make other investments or you annuitize your cash value into an income stream, having permanent life insurance can provide you more value in my opinion than term insurance in the long run due to its cash value. Permanent life insurance can be used as a tax-free income generator as well. Every premium that is paid earns dividends and interest. As that money grows and compounds over time, you end up with a nest egg of cash value. This cash value can be annuitized into a tax-free income stream for life (all growth inside the policy is tax-free) with distribution rates as high as 6-7%. Outside of a Roth IRA and Municipal Bonds, tax-free income is hard to come by. Tax-free income that also pays out a death benefit to beneficiaries is a win-win for everyone. Lastly, some insurance companies allow life insurance to be used as collateral for a loan making permanent life insurance one of the most flexible and lucrative vehicles out there. So whether you’re looking for income and or asset protection, tax-free income in retirement, leverage, or coverage for estate taxes, permanent life insurance is a great place to look. Keep in mind, not all insurance policies are created equal and provide the same features so you need to make sure to do your due diligence, talk with a professional, to make the best decision for you and your family.

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Articles
Kevin Taylor

The Value of Tax Alpha

In today’s fiercely competitive investment management landscape, financial advisors are encountering challenges from various fronts, including fellow advisors, brokers/dealers, insurance agents, robo-advisors, and self-directed investors. In this environment, where promising excess returns over market performance is unrealistic in the long term, advisors are exploring alternative avenues to enhance their clients’ investment outcomes. While offering other services like financial planning and consultations is undoubtedly valuable, they often don’t directly contribute to improving the investment bottom line over a year. So, how can advisors truly augment investment performance without escalating risk? The answer lies in tax optimization, commonly known as “tax alpha.” Tax alpha involves integrating tax-saving strategies into investment management, providing clients with both permanent and temporary tax savings. These strategies can significantly benefit clients and set advisors apart in the competitive landscape. Permanent Tax Savings Strategies Permanent tax savings are those that don’t necessitate repayment to the tax authorities. One such strategy is avoiding short-term capital gains, where assets held for less than a year incur higher tax rates. Investors can substantially reduce tax liabilities by deferring sales to qualify for long-term treatment. Location optimization is another powerful strategy, offering both permanent and temporary tax benefits. It involves placing investments in the most tax-efficient accounts and aligning investment types with account types to minimize current and future taxes. For instance, holding tax-inefficient investments in tax-deferred accounts and appreciating assets in taxable accounts can lead to significant tax savings. Temporary Tax-Savings Strategies Temporary tax savings strategies, although postponing tax obligations, can still be valuable. Tax-loss harvesting, for instance, involves selling investments at a loss to offset gains, thereby reducing current tax liabilities. Additionally, choosing high-cost lots when selling assets and avoiding year-end capital gains distributions are effective strategies for temporarily lowering taxes. Implementation of Strategies Advisors can implement tax-saving strategies manually, automatically, or by delegating to specialized software or asset management programs. Automated solutions can ensure comprehensive implementation of tax strategies, minimizing the risk of overlooking tax-saving opportunities. Communicating with Clients Advisors must educate clients about the benefits of tax-saving strategies and quantify the tax savings provided. By explaining concepts like location optimization through various channels and providing personalized reports showcasing tax savings, advisors can reinforce the value they bring to their client’s financial well-being. Conscious Buying of Individual Bonds In the pursuit of tax optimization, the selection of bonds plays a crucial role. Certain types of bonds offer distinct tax advantages, making them suitable for inclusion in investment portfolios. Here are some considerations for buying the right kinds of bonds for tax reasons: 1. Tax-Exempt Municipal Bonds: Municipal bonds issued by state and local governments typically offer interest income exempt from federal taxes and sometimes from state taxes as well, especially if the investor resides in the issuing state. These bonds are particularly beneficial for investors in higher tax brackets, as they provide a tax-efficient source of income. 2. Treasury Inflation-Protected Securities (TIPS): TIPS are U.S. Treasury securities designed to protect against inflation by adjusting their principal value based on changes in the Consumer Price Index (CPI). While the interest income from TIPS is subject to federal taxes, the inflation adjustment on the principal is taxable only when the securities are sold or mature. For investors seeking protection against inflation with minimal tax implications, TIPS can be a suitable option. 3. Zero Coupon Bonds: These bonds pay no coupon to investors annually, so there is nothing to tax year in and year out. The entire yield of this bond type is paid out in the form of capital gains – which is far lower than the income tax rate for many investors. While the lack of an income is unappealing for many, the tax strategy is sound for those who are looking for yield with lower taxation. 4. Taxable Bonds in Tax-Advantaged Accounts: Taxable bonds, such as corporate bonds or Treasury bonds, are generally more tax-efficient when held within tax-advantaged accounts like IRAs or 401(k)s. Since the interest income from taxable bonds is taxed at ordinary income rates, sheltering them within tax-deferred accounts can help mitigate tax liabilities, allowing for greater compounding of returns over time. In an era where investment services are increasingly commoditized, differentiation is vital for advisors to retain and attract clients. While financial planning remains essential, creating tax alpha can significantly enhance the value proposition for clients. By incorporating tax-saving strategies into investment management, advisors can deliver tangible benefits that positively impact clients’ investment outcomes.

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