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Market InSights:

Rudolph with Your Nose So Bright

Investing 2021

If you don’t recall the most famous reindeer of all, Rudolph, the Montgomery Ward creation possesses the special characteristic to guide Santa’s sleigh among a fog that would have otherwise canceled Christmas. Like Rudolph’s nose, I’m going to highlight a couple of macroeconomics bright spots that we like right now, that will surely support markets and guide us through the fog of 2021. Enjoy the holiday season and may you have a prosperous new year. 

Unemployment – I think it’s fair to say that the spike in unemployment (fastest spike ever) and the subsequent drop in unemployment (fastest drop ever) have given politicians the hyperbole they need, but the rate getting back to 6.7% means a couple of good things going forward. Firstly, the “easy to lose” and “easy to return” jobs were flushed out in the spike, and the jobs that could easily return have. This means that while each percentage point from here on out is going to be harder and harder, the headline risk of massive jobless swings has likely settled for now. Unemployment in the +6’s has been the recent peaks for prior negative economic swings. In 2003, we peaked at 6.3%, 1992 7.7% even the economic crisis in 2009 only saw a peak of 9.9%. So at least the unemployment figures have gotten back to “normal bad” and not “historically bad”. But here is the good news for 2021, from this point forward we will get positive headlines for employment. I think we have crested, the liquidity in the markets has helped, and near term the unemployment outlook is stable. This pandemic is different than a cyclical recession, this can be resolved as quickly as the damage was done, and for between 4-8 quarters we can see a routine and constructive print for joblessness. This will be a supportive series of headlines for markets. 

Inflation – Inflation will be a headwind for bonds and cash but will be constructive for some assets. Those invested in equities will see an increase in capital chasing the same number of assets. This inflation will be constructive for stocks and other hard assets from 2021 but will cut into the expectations for the buying power of dollars going forward. Expect long term dollar weakness. Additionally, we’re not alone, this pandemic is global and I anticipate every central bank to prefer adding liquidity to their economies over the risk of inflation. Expect countries that emerge from the pandemic quickly to see a major tailwind from global inflation, those whose course is slower and shutdowns longer to be hampered by it.  

Debt – Record low borrowing costs should tee up leveraged companies for success. This is absolutely a situation where “zombie” companies will be created, so investors should be aware of the health of companies they are buying, but long term, allowing companies that have been historically highly leveraged to restructure at amazing rates, or even granting companies that have healthy balance sheets more cheap capital to take on more cap-ex projects for the at least a decade or more will be supportive for the market on the whole. As I write this, the 2-10 spread is .8%, in my opinion giving corporate CFO’s carte blanche to begin issuing new debt and extending all maturities on existing debt. Seeing these companies become so tenacious in the debt market normally would spook investors, but it’s hard to imagine a more supportive environment for borrowers than sub-2% borrowing costs for AAA companies and sub-4% for high yield borrowers. Debt was low for the recovery after 2009 and is now bargain-basement prices. These are rates that are likely to persist through 2021 and with Janet Yellen (Dovish) at the treasury, and no change in the attitude of the Fed I’m not seeing a change in sight. This will likely mean yields will be below inflation for some time as central banks try to juice the recovery at the expense of inflation. 

Earnings – Companies have broadly been able to understate their earnings projections through the pandemic. The science of slow-rolling their debts, and lowering the expectations of analysts has been fantastic. Companies across sectors have been able to step over the lowered bar without major disruption this year. Now while, for the most part, the pandemic has given them top cover to have earnings below their historic figures, the companies in the S&P 500 have done a fantastic job this year of collectively using this window to reset the expectations of investors without sounding alarms. Managing expectations lower, then beating them has been a theme in 2020, that in 2021 will look like a great trajectory for earnings as we emerge from COVID-19. This is going to be a fantastic and virtuous atmosphere of rising earnings. The usual suspects for this earning improvement cycle will show up, banks, technology, and consumer discretionary investors will like this reset in the cycle and the aforementioned upswing in earnings these groups are poised for.

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Divorce Playbook: When Should You Consider Mediation 

Alternatives to the courts for legal separation are called mediation and determining early on if this arrangement is right for you can be important to moving forward. The relationship you have with your spouse might determine much of this, but the expected outcome is what is most important. Mediation does not substitute having or using a lawyer as part of the process. But if you and your spouse can work together to reach a fair settlement on most or all of the issues in your divorce (eg., child custody, child support, alimony, and property division), choosing mediation to resolve your divorce case may save thousands of dollars in legal fees and emotional aggravation. The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couple and helps them reach an agreement on the issues in their divorce. Every mediation firm will have its process for working through issues, both financial and legal as they separate assets. It’s important to have a good understanding of the current and future valuations of assets during this process and with a mediator who uses a financial expert to support these calculations.   Mediation is completely voluntary and this course can be abandoned in favor of the courts if the parties cannot agree, or if one or both parties are uncooperative. The mediator should not act as a judge, or insist on any particular outcome or agreement.  Mediation also provides divorcing couples a lot of flexibility, in terms of making their own decisions about what works best for their family, compared with the traditional adversarial legal process, which involves a court trial where a judge makes all the decisions. Mediation, however, is not appropriate for all couples. For example, if one spouse is hiding assets or income, and refuses to come clean, you may have to head to court where a judge can order your spouse to comply. Or, if one spouse is unwilling to compromise, mediation probably won’t work. The Complete Playbook

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Tax Mitigation Playbook: What is “Boot” in a 1031 Exchange?

The term boot is commonly used when discussing the tax consequences of an exchange. However, the term “boot” is not used in the Internal Revenue Code or the Regulations. Which is a source of confusion. The “Boot” received is the money or the fair market value of “other property” received by the taxpayer in an exchange. You will be taxed on this portion – clients that work with our CFP’s® determine if that boot is the right amount to take inside of their InSight-Full® financial plan. Unlike property or non-qualifying property such as securities, cash, notes, partnership interests, etc. A taxpayer who receives boot (“unlike” property) will have to recognize gain to the extent of the net boot received or realized gain, whichever is less. This is Key: In exchanges, there are two types of boot: 1) cash boot and 2) mortgage boot. Boot is anything that is not considered “like-kind” that the taxpayer receives in an exchange. Cash Boot: This could include cash, property other than real property, or net debt relief. Any boot the taxpayer receives is regarded as taxable gain and will trigger a taxable event. Cash boot is any cash that the taxpayer receives once the exchange is finalized. Mortgage Boot: This version of boot is a debt instrument that is secured by real estate collateral that the borrower is obligated to pay back over a period of time with a predetermined set of payments, which include both the loan and interest. A mortgage boot occurs when the exchanger reduces a loan or debt from one property to the other.

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Using a 1031 Exchange as part of a divorce

During the course of real estate ownership, there are instances where the transfer of property title occurs involuntarily. One such situation is when a couple goes through a divorce, which often leads to the sale of the property to a third party or the transfer of the property from one spouse to the other. Additionally, if a spouse passes away between the sale of a relinquished property and the purchase of a replacement property, it also affects the dynamics of a 1031 exchange. Let’s explore the impact of these changes in legal ownership on 1031 exchanges in more detail. When a divorced couple intends to sell an investment or business use property to a third party, there are typically no major issues for a 1031 exchange. Despite having been joint tenants and filing taxes jointly, each spouse has the opportunity to pursue their own exchange or opt for a cash-out. Generally, the joint tenancy would have been legally severed as part of the divorce proceedings. Alternatively, the title can be severed prior to a divorce, where one joint tenant signs a deed that designates the grantor spouse as the recipient of the one-half tenancy-in-common interest. In some cases, as part of a divorce settlement agreement, one spouse may transfer their interest in the property to the other spouse. According to IRC Section 1041, when a spouse conveys property to the other spouse as part of a divorce, there is no taxable event for the party transferring the property. The basis of the transferee (the recipient) becomes the adjusted basis of the transferor. However, if the transferee wishes to sell the property in the future and carry out an exchange, they would need to exchange the entire value of the property to achieve full tax deferral. An essential requirement for any 1031 exchange is that the taxpayer must hold the property for investment or business use. Even though the party receiving the other spouse’s interest assumes the former spouse’s basis, it does not mean they automatically inherit the other spouse’s holding period. In these situations, it would be advisable to hold full ownership of the property for a significant period before selling. Ideally, holding the property for two years or longer would be ideal, but at the very least, it should be held for a period longer than one or two tax reporting periods to satisfy the holding requirement. On rare occasions, a taxpayer involved in a non-divorce situation may pass away between the sale of the relinquished property and the acquisition of the replacement property. While the heirs may desire a stepped-up basis in the property, unfortunately, that is not the outcome in this particular scenario. However, there is some consolation in the fact that, according to several IRS Letter Rulings, the heirs or the estate may proceed with the 1031 exchange transaction and achieve tax deferral, if not a stepped-up basis.

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