Are There Tax Advantages to Owning Rental Property?

Direct real estate investments have a few tax advantages that passive real estate investing doesn’t. Of course, direct real estate means more work. Passive real estate investing is just that, passive and mainly hands-off, except for some managing of the investment. Passive investors don’t have to deal with tenants or repair buildings.

Jan 18, 2023

Can an LLC Member Serve as a Qualified Intermediary?

Real estate investors who complete like-kind exchanges to defer capital gains taxes on the sale of highly appreciated assets have to follow a stringent set of rules set forth by the Internal Revenue Service. Foremost among those regulations is the use of a Qualified Intermediary (QI) to facilitate all aspects of the 1031 exchange.

Does a Credit Shelter Trust Get a Step-Up in Basis?

A common tax strategy for married couples who have amassed significant financial assets is to create a credit shelter trust (CST) in order to maximize the federal estate tax exemption.

Jan 17, 2023

When is an Estate Tax Return Required?

When someone dies, their estate is a distinct legal entity for tax purposes. As a result, estates can be required to pay estate and income taxes. The threshold for federal estate taxes is quite high--$12.92 million for an individual in 2023. If one partner in a married couple dies, their exemption transfers to the surviving spouse, effectively doubling the threshold. That amount includes lifetime gift tax exemptions the individual has previously claimed (the annual gift tax exemption is $17,000 starting in 2023).

Jan 16, 2023

What is a Private Letter Ruling?

Filing tax returns can be a complicated and messy process, especially for real property owners, 1031 exchangors, or business owners who may not fully understand the various tax codes that affect their returns.

Jan 16, 2023

What is a Generation-Skipping Trust?

Establishing a trust can be a crucial part of estate planning for very wealthy taxpayers. Federal estate taxes can take a significant chunk out of an inheritance each time the assets change hands. However, both the rate on estates and the threshold for imposition change according to the political environment. For example, the 2017 Tax Cuts and Jobs Act increased the minimum amount for an estate to trigger the tax and indexed the amount for inflation.

Jan 15, 2023

What is an Emergency Power of Attorney?

Conferring a power of attorney (POA) can be a legal event but doesn’t usually involve a lawyer. Instead, designating a power of attorney gives the named person the authority to make decisions on behalf of the person who made the designation.

Jan 14, 2023

Are Dividends Taxed as Ordinary Income?

Dividends are payments that a corporation distributes to the shareholders, often quarterly but at least annually. Not all public companies pay dividends, but some pay them reliably. Some examples include Exxon Mobil, Verizon, Enbridge, VF Corp, Unilever, and 3M. In addition, some companies have a long history of paying dividends, including DuPont, Edison, General Mills, Eli Lilly, and Stanley Black & Decker. Dividend-oriented investors may rely on these payments, and some companies have encountered an investor backlash when they have reduced or dropped their dividends (often due to financial hardship).

Jan 13, 2023

What Is A Grantor Retained Annuity Trust (GRAT)?

A Grantor Retained Annuity Trust (GRAT) is when a grantor wants to transfer the appreciation of an asset to an heir(s) while also reducing the value of the asset that might be subject to estate or gift taxes. It is generally used by individuals as a possible tax shelter for a high-value asset(s) they want to pass to a beneficiary.

Jan 13, 2023

Are Opportunity Zones Publicly Traded?

In October 2021, private equity firm and family office Belpointe Capital launched the first (and to date, only) publicly traded Qualified Opportunity Fund (QOF). Operating under the NYSE stock name of OZ, Belpointe OZ, to date, has raised more than $345 million of equity capital and has more than 2,500 units in its development pipeline.

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