InSight

Tax Mitigation Playbook: What is a 1031?

Financial Planning Dentist

A 1031 exchange, also known as a like-kind exchange or tax-deferred exchange, is where real property that is “held for productive use in a trade or business or investment” is sold and the proceeds from the sale are reinvested into a like-kind property intended for business or investment use, allowing the taxpayer, or seller, to defer the capital gains tax and depreciation recapture on the transaction.

The property sold as part of a 1031 exchange is the Relinquished Property. The property purchased is the Replacement Property. The real property in a 1031 exchange must be like-kind; most real estate is like-kind to all other real estate. For example, an office building could be exchanged for a rental duplex, a retail shopping center could be exchanged for farmland, etc. 

During a 1031 exchange, neither the taxpayer nor an agent of the taxpayer can receive or control the funds from the sale of the property. If a taxpayer has direct or indirect access to the funds, a 1031 exchange is no longer valid. A qualified intermediary is used to hold the proceeds of the Relinquished Property sale until it is time to transfer those proceeds for the close of the Replacement property.

To be eligible for a 1031 exchange the person or entity must be a US taxpaying identity. This includes individuals, partnerships, S-corporations, C-corporations, LLCs, and trusts. However, it is a requirement that the same taxpayer sells the relinquished property and purchases the replacement property for a valid exchange. 

1031 exchanges were first authorized in 1921 because Congress saw the importance of people reinvesting in business assets and they wanted to encourage more of it. There have been changes and additions to the regulations that govern 1031 exchanges, and the most recent changes impacting real estate in a 1031 exchange were in 2001.

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Investment Bias: Anchoring

Everyone has heard a mantra about first impressions and their lasting impact. That works for investors too. Because our brains thrive on recognizing patterns and the relationship one element has with another. This mental phenomena is called anchoring.  This want for your brain to resort to a reference point and “work form there” is helpful when trying to process new information. But it’s negative when trying divine the “value” of something. Traditionally investors think of an investment as being good or bad, by looking at the point where they bought it. This is anchoring, and backwards looking. Telling me where you purchased a stock tells me very little about its current value. Anchoring bias is the tendency to rely too heavily on, or anchor to, a past reference or one piece of information when making a decision. In this case, the purchase price.  Many studies work with anchoring to prove how the mind works. He’s an example: Take the last two digits of your phone number and answer this questions: A good bottle of wine should cost how much more or less than those two digits?  _ Your digits  _ wine bid The bias has already taken place and caused the brain to focus on the arbitrary number. The impact is done. It should come as no surprise the people with lower phone numbers bid less for the wine as a group, those with higher digits bid more. All come from an arbitrary reference point that contaminates the valuation process.  This happens a lot in investing, a person buys a stock at $10, and the other person buys the stock at $15, the stock has recently dropped from $25 to $20, the person with a $15 entry is more likely to sell then the person at $10. But both are wrong because they use the purchase price in their valuation. The $10 buys may hold too long, and the $15 buyer may sell too soon, but the valuation of the stock should be determined regardless of the entry. The bias has taken its toll on both investors.

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Market InSights
Kevin Taylor

There Is Too Much Money

You read that right, there is simply too much cash in the capital markets to not see a handful of effects that could impact your investments and plan. The supply of money floating around is massive right now. There is a lot of risk, COVID has us concerned about the economics of the coming year, but it’s getting harder and harder to ignore how much cash has been made available. Even relative to itself, it’s a volume of cash in the money supply that will take at least a decade to settle into long term investments, or be recaptured by the Fed. At the beginning of the year there was roughly $15T in circulation held in cash and cash equivalents. We are in December and the number is closer to $19T of more highly liquid cash in the world. This $4T expansion in only 12 months is remarkable. Here’s some history on money supply. It took until 1997 to reach the first $4T in circulation, the decade from 2009 to 2019 saw that supply double from $8T to almost $16T (the fastest doubling ever), resulting in a major part of the expansion of the stock market for that decade. Now, in twelve months we have seen a flood of almost 27% more money in the supply than there was at the beginning of the COVID-19 pandemic.  One of the best leading indicators for where capital markets are headed, can be found in how much money, especially highly liquid money like cash, is available in the system. This is a reflection of how big the pie is. Usually in investments we are focused on cash flow, and a companies market share – or how effective a company is at capturing cash flow from a given size of market. That’s becoming less relevant as the sheer volume of cash has exploded. The pie is so big right now that there will have to be a a few notable adjustments to make: Inflation – While I have heard that Jerome Powell has not registered an increase in inflation yet, it is hard to believe that as the newly introduced money will not have an expansive effect on the costs of goods and services. Many mark the inflation rate off the CPI, grievances with that benchmark aside, it would be irresponsible to assume that the basket of securities they mark to market does not see an above average increase as more money finds its way into the same number of consumer goods. Additionally, elements like rents will see a disproportionate increase in the coming decade because while supply of say consumer goods will increase quickly to capture this cash, construction of rental properties is a less reactive market and a slower roll out to correct the market. In the meantime expect rental costs and revenues to see above average inflation figures.  Interest Rates – Permanently impaired. As I write this the current observation, the 10 year US Treasury is paying 0.9%, a third of where it was even 2 years ago. It is heard to believe that such a robust introduction of cash doesn’t become a permanent downward pressure on fixed income assets for the foreseeable future. Unless there is a formal and aggressive contraction of the money supply, it will take decades for the amount of cash in circulation to let up that downward pressure on bonds. Interest rates in short term assets will be particularly affected as the demand has become less appetizing in contrast to long term debt, and the supply of cash is chasing too small of demand.  Equities – The real benefactor here. It is hard not to believe that over the course of the coming decade, this cash infusion doesn’t trickle its way up and into the stock market and other asset values. Generally the most “risky” part of the market is the historically the benefactor of excesses in cash. Companies will do what they do best and capture this supply of cash through normal operations, this will expand their revenues and ultimately the bottom line. Additionally, the compressed borrowing costs from low interest rates will lower their operating costs. Compound the poor risk reward ratio in bonds and you will see more of those investments seek out stocks, real estate, and other capital assets. This sector will see a virtuous combination of more revenue, and more demand for shares. Expect permanently elevated P/E reads for the time being.   

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Understanding the Deferred Property Sale Agreement: A Win-Win for Sellers

Selling a property is a significant decision that involves numerous considerations for both the buyer and the seller. While the traditional method of immediate payment is prevalent, some sellers opt for more flexible arrangements. One such option gaining popularity is the Deferred Property Sale Agreement. This article delves into what this agreement entails and highlights the benefits it offers to the seller. What is a Deferred Property Sale Agreement? A Deferred Property Sale Agreement, also known as a “seller financing” or “owner financing” agreement, is a unique arrangement where the property seller acts as the lender to the buyer. In this scenario, the seller agrees to receive the purchase price in installments over an agreed-upon period instead of the buyer paying the entire sum upfront. How Does it Work? Negotiating Terms: The buyer and seller negotiate the terms of the agreement, including the property’s sale price, the down payment (if any), the interest rate (if applicable), the length of the payment period, and other relevant conditions. Promissory Note: Once both parties agree on the terms, they execute a promissory note that outlines the specific conditions of the arrangement, including the payment schedule and any penalties for default. Title Transfer and Collateral: While the buyer assumes possession and benefits from the property, the seller retains the title as security until the final payment is made. This acts as collateral, protecting the seller’s interests. Monthly Payments: The buyer then makes regular monthly payments to the seller, which typically include both principal and interest, as they would with a traditional mortgage. Closing Costs: Closing costs and administrative fees can be negotiated between the parties, although it is common for the buyer to bear these expenses. Benefits to the Seller: Access to a Larger Pool of Buyers: By offering seller financing, the seller opens the door to a wider range of potential buyers. This is especially beneficial in a slow market or when the property might not be attractive to traditional bank-financed buyers due to specific circumstances. Faster Sale: A Deferred Property Sale Agreement can expedite the selling process. Without the need for a bank’s approval, the transaction can be completed more swiftly, allowing the seller to liquidate their property faster. Interest Income: The seller stands to earn interest on the financed amount, potentially leading to a higher overall return on investment than if the property was sold outright. Secure Monthly Income: The seller enjoys a predictable cash flow from the monthly installments, providing a steady income stream over the payment period. Flexibility in Negotiations: Sellers have the freedom to negotiate various terms, such as interest rates and payment schedules, based on their financial needs and preferences. Reduced Tax Liabilities: By spreading the income from the sale over several years, the seller may benefit from lower tax liabilities, compared to a lump-sum payment that could push them into a higher tax bracket. Lower Marketing Costs: In some cases, seller financing allows the seller to save on marketing expenses, as the property’s unique payment terms can attract motivated buyers. A deferred Property Sale Agreement can be an advantageous option for sellers seeking greater flexibility and a potentially faster sale. By offering seller financing, sellers can access a broader pool of buyers, earn interest income, and secure a predictable monthly cash flow. As with any financial arrangement, it’s essential for both parties to conduct due diligence and seek professional advice to ensure the agreement meets their respective needs and complies with relevant legal requirements.

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