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Kevin Taylor

What’s making Real Estate investors “Smile”?

Investing in the property along with demographic trends is a wise and efficient investment strategy because it allows investors to capitalize on the housing, storage, and infrastructure needs of huge swaths of people. For example, as the population ages, there is an increasing demand for senior living facilities and healthcare services. By investing in properties with supportive demographics investors are more likely to see better returns. Similarly, as the younger generations continue to delay homeownership and prefer renting, investing in rental properties in desirable areas can provide a steady stream of income. By analyzing demographic trends and investing in properties that align with these trends, investors can make informed decisions and potentially maximize their returns while minimizing their risks. This brings us to the demographic shift of Americans moving southward…to the “Smile States” First, let’s define what “smile” states are. These are the states that have a southern border on the Gulf of Mexico and a western border on the Pacific Ocean, and up to the mid-Atlantic states,  forming a smile-like shape on the map. These “smile” states include California, Arizona, New Mexico, Colorado, Texas, Florida, Georgia, Virginia, and the Carolinas. Overlapping, The states that attracted the most “new residents” in 2022 are Florida, Texas, North Carolina, and South Carolina, followed by other states in the South and West, Including, Texas, Colorado, and Arizona (the full list can be found here). But why do people invest in these states, and what’s driving the real estate market in these areas? One of the main reasons people invest in “smile” states is for the lifestyle they offer. These states have a warm climate, beautiful beaches, and plenty of outdoor activities. This makes them attractive to retirees, who are looking for a place to settle down and enjoy their golden years. According to the U.S. Census Bureau, Florida is the top destination for retirees, with over 500,000 people moving there each year. But it’s not just retirees who are attracted to these states. Younger people are also moving to “smile” states in search of job opportunities and a lower cost of living. For example, Austin, Texas, has become a hub for tech companies, attracting young professionals from all over the country. Additionally, the Raleigh, Durham, & Chapel Hill part of North Carolina has seen a bump in younger Americans migrating to the area to enjoy the weather, adorable housing and cost of living, and thriving economy. Another factor driving the real estate market in “smile” states is the shift in demographics in the United States. According to a report from the Urban Land Institute, millennials and baby boomers are driving the demand for rental housing in these areas. This is because many millennials are delaying home ownership and opting to rent, while baby boomers are downsizing and looking for more affordable housing options. But it’s not just the “smile” states that are experiencing a shift in demographics. The entire country is undergoing a major demographic shift, with people moving from high-tax states like California and New York to lower-tax states like Texas and Florida. This is according to a report from the Tax Foundation, which found that people are leaving high-tax states at an alarming rate. This has created a demand for real estate in these lower-tax states, as more people look to relocate. Investing in “smile” states can be a great opportunity for those looking for a better quality of life and a potential return on investment. With the shifting demographics in the United States, these states are becoming more attractive to both retirees and younger professionals. As people continue to move around the country in search of better taxes and weather, the real estate market in “smile” states is likely to remain strong.

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Articles
Kevin Taylor

Understanding Roth IRAs and the Pro-Rata Rule

Roth Individual Retirement Accounts (IRAs) can be a great addition to your retirement savings plan. Many people use Roth conversions to get around income limits on Roth IRAs. However, there’s a tricky tax rule called the Pro-Rata rule that can make Roth conversions more complicated than you might think. If you’re thinking about doing a Roth conversion or need help with your retirement planning, consider talking to a qualified financial advisor. They can provide valuable guidance. What Is a Roth IRA? A Roth IRA is a special type of retirement account that lets you invest money after you’ve already paid taxes on it. This means you won’t owe any more taxes when you withdraw your money in retirement. But there are some rules about who can contribute to a Roth IRA. For example, in 2022, married couples filing taxes together had to earn less than $214,000 to make full contributions. What Is a Backdoor Roth or Roth IRA Conversion? High-income earners who want to enjoy tax-free withdrawals often use Roth conversions to get around the income limits on regular Roth IRA contributions. Here’s how it works: you take money from a Traditional IRA (where you haven’t paid taxes on it yet), pay taxes on that money, and move it to a Roth IRA. Then, your money can grow tax-free until you retire. People call this a Backdoor Roth conversion. However, Roth conversions can get tricky if you’ve made non-deductible (after-tax) contributions to a Traditional IRA outside of a 401(k) rollover. Understanding the Pro-Rata Rule The Pro-Rata Rule comes into play when deciding how to tax the money you take out of a Traditional IRA and move to a Roth IRA during a conversion. If you’ve never put after-tax money into a Traditional IRA, the entire amount you convert to a Roth IRA will be taxed at your regular income tax rate. This is fairly straightforward. But if your Traditional IRA has both pre-tax (deductible) and after-tax (non-deductible) contributions, the Pro-Rata rule says your Roth conversion will be taxed proportionally based on your pre-tax and after-tax percentages. You can’t choose which funds to convert to avoid the rule. Calculating Your Taxable Percentage With the Pro-Rata Rule Here’s an example: Let’s say you have $100,000 in a Traditional IRA, and $7,000 of that is from after-tax contributions. Since you already paid taxes on the $7,000, the IRS won’t tax it again. But you can’t just convert the after-tax money. To convert $7,000 to a Roth IRA, you need to calculate the taxable percentage. The IRS wants you to include the value of all your non-Roth IRAs as the basis. Here’s the formula: (after-tax amount) / (total of all non-Roth IRA balances) = non-taxable percentage (amount to be converted to Roth IRA) x (non-taxable percentage) = amount of after-tax funds converted to Roth IRA In this case, only 7% of the $100,000 is non-taxable because you’ve already paid taxes on that $7,000. So, if you want to convert $7,000 to a Roth IRA, 93% of the converted amount comes from pre-tax funds, and only 7% comes from after-tax funds. You’ll need to pay taxes on 93%, which is $6,510, of the converted amount. Also, $6,510 of the original non-deductible $7,000 still stays in the Traditional IRA, which could make future withdrawals more complicated.   Roth conversions can be subject to the Pro-Rata rule, which determines how non-Roth IRA funds get taxed when you withdraw them. Some people think they can put after-tax money in a Traditional IRA and then convert it to a Roth IRA to avoid income limits and enjoy tax-free growth. But the Pro-Rata rule stops this. The IRS makes you calculate your taxable contribution percentage and pay a proportionate amount when taking money out of tax-deferred accounts. This can be confusing and lead to unexpected taxes if you’re not aware of the rule.  

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Articles
Kevin Taylor

Managing the 1031 Exchange Rules for Vacation Homes, Conversions and Mixed Use Properties

It is quite common for clients to call a 1031 exchange company with questions regarding exchanges of their former or future principal residences or vacation homes. After all, if you can have a rental property with some side benefits, it would be the best of two worlds, right? Well, we will discuss the requirements you should be aware of as you evaluate the replacements. So these are the questions imbedded in the 1031 Exchange requirements that must be answered:  Under what circumstances can these dwellings be used as part of a 1031 exchange? Do they satisfy the requirement that both the relinquished and replacement properties must be held for investment or for use in a business or trade? Does some personal use trump the investment use of the property? This article is intended to answer these commonly asked questions: Under what circumstances can a second home or vacation home constitute relinquished or replacement property for the purposes of a 1031 exchange? Can a principal residence be converted into an investment property eligible for 1031 tax deferral upon sale? Can a property that has been held for investment be converted to a principal residence and what are the rules when it is sold? Can a mixed-use property be sold with a personal residence exemption and 1031 exchange deferral? Rules for Including a Vacation Home in a 1031 Exchange Historically, determining whether a home that was both rented out and used by its owner could be eligible for a 1031 tax deferral was difficult to ascertain.  There was some case law but that was a bit inconsistent.  The IRS attempted to provide some definitive guidance regarding some of these questions in the form of Revenue Procedure 2008-16.  As the IRS aptly put it: “The Service recognizes that many taxpayers hold dwelling units primarily for the production of current rental income, but also use the properties occasionally for personal purposes. In the interest of sound tax administration, this revenue procedure provides taxpayers with a safe harbor under which a dwelling unit will qualify as property held for productive use in a trade or business or for investment under §1031 even though a taxpayer occasionally uses the dwelling unit for personal purposes.” This revenue procedure made clear that for a relinquished vacation property to qualify for a 1031 exchange, the property has to be owned by the taxpayer and held as an investment for at least 24 months immediately prior to the exchange.  Additionally, within each of the two 12-month periods prior to the sale, the property must have been rented at fair market value to a person for at least 14 days or more, and the taxpayer cannot have used the property personally for the greater of 14 days or 10% of the number of days in the 12-month period that it had been rented. The requirements for a property to qualify as a 1031 replacement property are very similar.  The property has to be owned by the taxpayer for at least 24 months immediately after the exchange.  Also, within each of the two 12-month periods after the exchange, the property must have been rented at fair market value to a person for at least 14 days or more and the taxpayer cannot have used the property personally for the greater of 14 days or 10% of the number of days in the 12-month period that it had been rented. The taxpayer is allowed to use the relinquished or replacement property for additional days if the use is for property maintenance or repair. These days and the project and maintenance completed should be documented thoroughly. Rules for Converting a Personal Residence for a 1031 Exchange In many cases, conversion of a personal residence to a property held as an investment or for use in a business or trade “exchange eligible property,” as defined above, may still allow a taxpayer to receive a full exemption of gain pursuant to the rules of Internal Revenue Code (IRC). The comprehensive set of tax laws was created by the Internal Revenue Service (IRS). This code was enacted as Title 26 of the United States Code by Congress and is sometimes also referred to as the Internal Revenue Title. The code is organized according to the topic and covers all relevant rules pertaining to income, gift, estate, sales, payroll, and excise taxes. Internal Revenue Code Section 121 upon sale of the property.  That Code section provides for an exclusion of gain of up to $250,000 for single taxpayers and $500,000 for married taxpayers filing jointly upon the sale of a principal residence.  There is a requirement that during the five-year period immediately preceding the sale, the taxpayer must have used the property as a principal residence for a cumulative period of at least two years. Even if the property has had principal residence use followed by exchange eligible use, the taxpayer does not necessarily have to do an exchange on the investment/business use of the property if the total gain can be sheltered by the §121 allowed exclusions.  So even if during the immediate two years preceding the sale, the property was used as exchange eligible property, the taxpayer may still benefit from the personal residence exclusion.  In the event, the gain exceeds the maximums allowed for per IRC Section 121 primary residence, the taxpayer may still be able to shelter the balance via a 1031 exchange, thus combining the benefits of these two code sections. Under Revenue Procedure 2008-16 the conversion of the principal residence to an exchange eligible investment property does not disqualify a family member as the tenant.  However, the revenue procedure requires that this should be done at a fair market rental and it must constitute the family member’s personal residence and not the family member’s vacation home.  There are additional rules for the rental of the property by a family member who co-owns the property with the taxpayer. Should a taxpayer wish to convert the personal residence to exchange eligible property, the

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