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Kevin Taylor

Tax Mitigation Playbook: 1031 Exchange Pitfalls to Avoid

Excess Funds The identification period of a 1031 exchange refers to the first 45-days when a taxpayer identifies property they would like to acquire as a replacement to their relinquished property. It is common for a taxpayer to identify more than one potential replacement property, but only purchase one. If there are excess funds in the exchange account, the QI can return them once an exchange is complete. If the taxpayer has identified more than one potential replacement property the excess funds must remain in the exchange account until the end of the 180-day exchange period. Receiving funds before the end of the exchange period could jeopardize the entire exchange. Early Release of Funds If a taxpayer decides not to move forward with an exchange, they must acknowledge to their QI that they understand they will pay all applicable taxes on the gain. Even so, exchange facilitators are only permitted to disburse funds at particular times for particular reasons. The only time someone can terminate an exchange early is at the end of the 45-day identification period. If the taxpayer has not identified a single property by 45 days, they can close their exchange, and the funds can be disbursed. If the taxpayer has identified any property, funds must be held until the transaction is complete or at the end of the 180-day exchange period. Suppose an exchange facilitator is found to be deviating from the rules. In that case, failure to comply with regulation could jeopardize any of this taxpayer’s previous exchanges and any other exchanges facilitated by the company. 1031 Exchange Timeline “Can I start a 1031 exchange after I’ve sold my property?” or “I just closed on my property; can I still do an exchange?” There are a few variations to this question, but ultimately the answer is always the same. No. Once you’ve sold and closed on a property, it is no longer eligible for exchange. The taxpayer cannot take actual possession or control the net proceeds from the sale of a relinquished property in a 1031 exchange. An exchanger must contact a QI before selling their property. If you find yourself short on time or at the closing table, don’t lose hope with processing an exchange. With the InSight 1031 relationship and Accruit (our technology and service partner) speed and experience The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party.

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Boulder Wealth Building
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Peter Locke

Welcoming You to Financial Planning: A Simple Guide

Embarking on your financial planning journey might feel like a giant leap, but remember: every expert was once a beginner. Let’s take this step together, ensuring your financial stability and prosperity with some essential tips: 1. The Safety Net of an Emergency Fund: Begin by establishing an emergency fund, aiming to accumulate at least three months’ worth of living expenses. This fund provides a safety net for unexpected situations, protecting your financial stability. 2. Maximizing Employer Benefits: Your employer might offer various benefits like 401k matching, Employee Stock Purchase Plans (ESPP), and Health Savings Account (HSA) contributions. During open enrollment periods, please don’t hesitate to reach out to us if you need assistance in understanding or selecting your benefits. 3. Balanced Saving for Your Future Home: Begin by allocating savings to both your employer 401k and an investment account, ideally striving for 20% of your gross income. If home ownership is on your horizon, consider adjusting your strategy 1-2 years ahead of the purchase by directing savings to a more liquid account. 4. Renting or Buying Within Your Means: A thumb rule is to ensure your rent or mortgage doesn’t exceed 30-35% of your income. And, don’t forget to account for potential maintenance costs, ensuring your emergency fund remains robust and separate. 5. Crafting a Viable Budget: Encourage a simple budgeting approach: Income minus Savings equals Your Spending Budget. Aiming to save around 20% of your income can be a stable starting point. 6. Navigating Through Debt: Steer clear of problematic debt, such as high-interest credit card balances, while recognizing that some debt, like education and mortgages (accretive debt), can potentially work in your favor. Let’s work together to devise a strategy that balances debt management and future savings. 7. Smart Vehicle Purchases: When it comes to purchasing vehicles, consider Certified Pre-Owned options, particularly those known for low maintenance and high resale values, like Toyotas and Hondas. 8. Evaluating Debt Strategies: Always prioritize accretive debt (like mortgages and student loans) over erosive debt (like car loans and credit card debt) but be sure to consider the interest rates and potential returns from other investment opportunities when planning payoffs. 9. Bank Offers? Let’s Chat First: Banks are in the business of profit-making. If you’re considering a bank’s offer, let’s discuss it together first to ensure it’s in your best interest. 10. Optimizing 401k Contributions: If you’re earning at or below a specific income bracket, consider contributing to a Roth 401k for potential future tax benefits. Navigating between Roth and Traditional 401k contributions can be nuanced, so let’s explore the best approach for your unique situation together. A Note for Young Adults on Investing: Investing can be a powerful tool for wealth accumulation. Consider exploring Total Stock Market ETFs (Exchange Traded Funds), which track the entire stock market, offering a low-cost and diversified investment option. Your financial journey is personal and unique. We’re here to guide you through it, ensuring you’re equipped with the knowledge and strategies to navigate through each stage confidently. Let’s build your financial future together!

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