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Amr Tenney

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Can A Delaware Statutory Trust Be A Custody For Securities?

When you open a brokerage account to trade stocks, the account must first be funded before any stock trades occur. The broker uses a separate entity called a custodian to hold your cash. As trades are opened and closed, cash moves in and out of the custodian account.

Posted by Amr Tenney on Jan 13, 2021

Can I Take Money Out Of My Retirement Plan?

One question that people ask from time to time, for various reasons, is whether they can withdraw money from their retirement plan. Usually, the inquiry is regarding a defined contribution, tax-deferred savings plan, like a 401(k) or a 403(b) program offered through an employer. Still, you might also ask about an IRA you established independently. While the answer to the query is generally "yes," a better question might be: "should I take money out of my retirement plan?" and that answer might be no.

Posted by Amr Tenney on Jan 9, 2021

An Overview of The Delaware Statutory Trust Act

In 1988, Delaware enacted the Delaware Business Trust Act, which was later changed to The Delaware Statutory Trust (DST) Act in 2002. The DST is a statutory entity that is governed by Chapter 38, Part V, Title 12 of the annotated Delaware Code. The DST Act was passed to allow a lawfully recognized and flexible alternative business entity and is periodically amended to allow developments in business practices. 

Posted by Amr Tenney on Dec 30, 2020

The Tax Benefits Of Private Real Estate

Investing in real estate is widely accepted as one of the best ways to grow wealth. Real estate is a consistent performer, and generating passive income is frequently cited as a key component of the strategy employed by successful investors. Real estate investments typically offer more options than the purchase of stocks or bonds. Once you invest in those offerings, you have limited or no control over your stake's success. With real estate, you can rent a property or sell it. You can remodel it to increase the value or refinance it if conditions allow. A widely accepted though possibly apocryphal homily (credited to Andrew Carnegie among others) maintains that 90% of the world’s millionaires became wealthy through real estate investments.

Posted by Amr Tenney on Dec 25, 2020

Are Foreign Investors Eligible For Qualified Opportunity Zones?

As anyone who pays attention to business and real estate trends knows, the Qualified Opportunity Zone (QOZ) program was passed as part of the Tax Cuts and Jobs Act of 2017, in an attempt to encourage investment of capital gains in lower-income areas, in return for some pretty nifty tax breaks.

While the focus has been on U.S. investors and capital gains acquired from the sale of assets, one question that comes up is whether foreign investors are eligible for qualified opportunity zones. Or rather, whether non-U.S. residents or businesses can take advantage of capital gains tax deferrals through involvement with the QOZ program.

Posted by Amr Tenney on Dec 21, 2020

What Is A Capital Gain Distribution, And How Are Capital Gains Distributions Taxed?

A capital gain distribution is a payment from a mutual fund or an exchange-traded fund (ETF) of proceeds from the fund's sale of stocks or other assets. The allocation to the individual investor represents the taxpayer's share of the profits from the transaction. A capital gain distribution is not the same as the investor's share of the mutual fund's yield. The profits from the dividends paid by the companies in which the fund holds stock are paid to investors as ordinary dividends, and these are taxable income to the individual investor at their ordinary-income rate. Payment of dividends is determined by a company's board of directors and may be related to the company's profit level but is not always a direct measure of profitability. Mutual fund investors also earn a share of the interest payments and asset appreciation enjoyed by the mutual fund, and these profits of the fund’s operation are taxed as ordinary income.

Posted by Amr Tenney on Dec 12, 2020

Can I Refinance My 1031 Exchange Property?

Refinancing a property planned for a 1031 exchange is not recommended unless it is for a legitimate business purpose, not just to cash out the equity. 

If you must refinance, do it at least six months before the property will go on the market, preferably longer. The same holds true for a property purchased in an exchange. It is best not to refinance directly after the purchase. 

Both refinancing before or after a 1031 exchange might raise a red flag for the IRS, and the taxes avoided on the equity will have to be paid. 

Posted by Amr Tenney on Dec 7, 2020

How DSTs Help With Your Life Stage Transition

In a familiar scenario, the family business is grown and nurtured by several generations, thriving under the dedication of constant attention. If the circumstances change and that level of direct management is no longer possible, the business could falter and may fail quickly. If property assets are part of the business, one solution may be to consider changing from direct management properties to investments that do not require active involvement. For example, if the primary investor is retiring or otherwise becomes unable to continue overseeing the rental or retail property, it may be time to transition to a passive investment, such as a DST.

Posted by Amr Tenney on Dec 2, 2020

What Is The 1031 Exchange Form 8824, And How Do I Fill It Out?

IRS Form 8824 is used to report a 1031 exchange for the tax year in which you complete it. Execution of the form calculates the amount of gain deferred due to a like-kind exchange of property. The IRS considers the deal completed in the tax year that you sell the initial relinquished property, and the exchange period begins. If the replacement process is not fully consummated until the following tax year, then the Form 8824 will not be final until that process is complete, which may require leeway in tax reporting deadlines. If you do not finalize the replacement purchase or purchases until the next tax year, you will need to request an extension for tax filing due to that circumstance.

Posted by Amr Tenney on Nov 23, 2020

How To Become A 1031 Exchange Qualified Intermediary

Section 1031 of the Internal Revenue Code allows taxpayers to defer the recognition of capital gains tax due from the sale of investment property if they replace the asset sold with a like-kind property of equal or higher value. Initially, the IRS designed the code to grant the deferral to an actual exchange taking place in real-time. Due to the empirical complications of swaps, delayed exchanges are more common, in which a taxpayer sells the identified property, and an intermediary holds the proceeds realized from the sale. The intermediary then uses those funds to purchase the replacement property or properties once the taxpayer identifies the target acquisition. 

Posted by Amr Tenney on Nov 18, 2020

What is Investment Property Wealth Management?

Manage risk and help maximize opportunity