1LessTax3_Tax_Alternatives

We do not market annuities, insurance or list real estate or businesses. We may, with client permission, refer to those who do.

1LessTax.com PayNoTax.biz LegacyChange.com

Background includes 15 years as a commercial contractor constructing buildings and agriculture business facilities in the Midwest. 25 years as a business broker and financial advisor involved in assisting business and property owners to sell, merge or acquire (mergers and acquisitions) and fund (investment banking). Consistently had challenges to transfer ownership and maintain wealth. The end goal challenge generally included an efficient tax and estate plan. Not a CPA, but worked with CPAs and tax attorneys to plan. A CPA and attorney are much like a doctor. Unless one can tell them where it hurts they generally volunteer little. What CPAs, tax advisors and attorneys tell us is within the scope of their practice that generally does not work extensively with property transfer tax code. Experience here is with transferring property and keeping our money, i.e. saving tax money within the tax code. A CPA/tax advisor generally knows their client’s tax details. We can be an assistant to tax advisors, real estate professionals and a client to minimize taxes when it is a goal. We do not market annuities, insurance or list real estate or businesses. We may, with client request or permission, refer to those who do.

Tax Reduction Alternatives

Step up Basis at Death - The Ultimate Tax Exclusion Real estate and most property of value advantage the step up basis transferring to beneficiaries at current value at death of owner. In many situations beneficiaries can sell and owe no tax. Note: Annuities, qualified plans (as IRA, 401k, SEP) and non-qualified (annuities) plans are not included. CPA recommended.
****Internal Revenue Code (IRC) §199A also known as the “Pass Thru Deduction”. There is Now a Deduction for up to 20 Percent of the Qualified Business Income of Pass Through Entities. The Act establishes a new deduction for owners of pass through entities that may enable those owners to deduct up to 20 percent of their qualified business income. This deduction is effective for taxable years beginning after December 31, 2017, but expires in taxable years beginning after December 31, 2025. CPA recommended. See more at 1LessTax
**IRC §121 Residence Gain Tax Exclusion allows two year plus owner occupancy of residence a $250,000 gain exclusion. If married spouse can add another $250,000 exclusion for maximum $500,000 gain exclusion. Over the $250k/$500k gain exclusion may consider the Energy Rehab Acquisition or Exchange as a replacement property to tax defer balance of gain. CPA recommended.
IRC §1031 Tax Deferred Exchange Updated as of 2018, relinquished real property (real estate) only. IRC §1245 (personal property) now not exchanged. Exchange Accommodator/Intermediary is necessary. Guided by time limit, replacement property and other significant rules. CPA recommended. www.1031FEC.com
IRC §1033 Tax Deferred Exchange is for Government acquisition of real estate by eminent domain. Exchange Accommodator/Intermediary is not necessary. Guided by two year time limit and other significant rules. CPA is recommended. www.1031FEC.com
IRC §721 Tax Deferred Exchange also known as the UPREIT. For an Real Estate Investment Trust acquisition, one 1031 exchanges into a qualified replacement property owned by a REIT then into the REIT in an unspecified time. The transfer into the REIT converts to REIT shares that may be sold in partial with deferred tax due. CPA recommended.
IRC §1045 Qualified Business Stock Exchange (aka business 1031 but better) Qualified Business is key. Exchange stock or into qualified business stock. Business must qualify, is not publicly traded, is not a finance, real estate, bank, hotel, restaurant, medical with doctors, attorney or insurance company. Can be an affiliated service business. Manufacturers, distributors and service companies popular candidates owned over five years. Other qualifications as date business or part of business acquired. Specialized Attorney and CPA recommended. ABA article
IRC §179 §179 has been amended to include types of building improvements. Ceiling was increased to $1,000,000 for tax years beginning after 2017, with the phase-out beginning at $2,500,000 of qualifying assets placed in service. CPA recommended. See more at 1LessTax
*IRC §1245 & §179 new or rehab special building acquisition Generally Agriculture, horticulture and other single purpose buildings. (advantageous tax code opportunity for any property including ordinary income) IRC §179 (§168) new/used equipment Potential 100% immediate deduction of any proceeds. CPA recommended. www.PayNoTax.biz
IRC §469 Managed Passive Investment Tax Exclusion - Energy Rehab Acquisition (the most advantageous tax code including ordinary and all incomes). 100% deduction fro deferral. Potential 90% immediate deduction of any proceeds. Potential IRC §1031 sale tax deferred to qualified replacement property. CPA recommended. www.PayNoTax.biz
IRC §453 Installment Contract Sale (for some property one can delay paying capital gains, not always depreciation recapture tax) over a period of time (deferral). Any amount acceptable as efficient to parties. Attorney and CPA recommended.
Pay Any and All Taxes Forget tax exclusions, deferrals and deductions Forget assisting the less fortunate, family, friends, health or education. Our Federal, state, and local governments, efficient at spending your money, thank you, We all thank you. CPA recommended.
IRC §453 TDCO contract for most property; reinvest in all assets or keep proceeds. Depreciation recapture is a challenge. $1M+ minimum or acceptable proceeds to owner. Tax deferred, cash out. Energy rehab for potential recapture tax deferral. Specialized Tax Attorney & CPA recommended.
IRC §1202 QSBS Qualified Business Stock Sale Creating Small Business Jobs Act of 2010 (improving 1993 Act) increased the gain exclusion to 100% of the total gain for all QSBS issued after September 27, 2010. & $10M or 10 times the aggregate adjusted QSBS limit. Specialized Attorney & CPA recommended. ABA article
Sales Proceeds Trust SPT Monetized IRC §453 Contract Sale requires third party trustee-for most property. Must reinvest in business investment (the goal is to place proceeds into insurance securities products continuing inflexibility). Depreciation recapture is a challenge. $1M+ or acceptable to owner. Specialized Tax Attorney & CPA recommended. KW does not recommend.
Deferred Sales Trust Similar to above. Proceeds to a managed trust paid out over time. Included in estate. avoid probate for all property-assets. Prevent beneficiary conflict or heirs challenged at handling money. Specialized Tax Attorney & CPA recommended. KW does not recommend. See www.LegacyChange.com
Health Savings Account (HSA) Better than an IRA? Medical, dental, vision care are deductible before taxation. Maximum contribution is up $50 to $3,550 for individuals and $100 to $7,100 for families. Maximum catch-up contributions for people over age 55 remain at $1,000. Health account options: HSA (Health Savings Account); FSA (Flexible Spending Account/Arrangement); HRA (Health Reimbursement Arrangement). HSAs are tied to high-deductible health plans (HDHP). HDHPs are defined as those plans that have a minimum deductible of $1,350 for individuals or $2,700 for a family. www.PayNoTax.biz & www.LegacyChange.com
Individual Retirement Account (IRA-ROTH IRA, SEP, Individual (solo) 401k-ROTH 401k, solo defined benefit & more) Move Qualified Retirement Plan into real and personal property. Learn how to enhance most highly taxed and popular supposedly tax deferred and conservative savings products with tax reduction. (Energy rehab deferral and §1031 tax deferral has death step-up valuation and estate asset advantages). Stretch IRA gone. CPA recommended. www.PayNoTax.biz & www.LegacyChange.com
Non-Qualified Retirement Accounts Includes various annuities and variable annuities for tax deferral ranging from low risk to extremely high risk tax deferred plans. Extreme highly taxed plans at any transfer including death. We do not sell insurance or annuities. CPA recommended. www.PayNoTax.biz & www.LegacyChange.com
LegacyChange IRC §453 + More IRS Code for Immediate Tax Deduction. Income shifting. Insured guaranteed income LegacyChange Plan. Immediate tax deduction relief with insured income stream. Change illiquid assets as land to income. Partial gifts to your favorite causes. Avoid probate for all property-assets. Prevent beneficiary conflict or heirs challenged at handling money. Somewhat as an economical, simplified Reverse Charitable Trust or Deferred Sales Trust but with guaranteed income. Generally for property-asset holders $100k-$20M+/-. CPA recommended. www.LegacyChange.com
Tax Deed*** with IRS Gifting Code Tax deed at auction can legally transfer ownership to the buyer of a property that has been sold due to delinquent taxes. In a tax deed sale, the property itself is sold. Unwanted property can be valuated and gifted for tax deduction. CPA recommended. See more at 1LessTax
Opportunity Zones OZ New program allow one to defer, reduce and eliminate capital gains taxes. Invests in areas where locations are deemed challenged for business growth. May be in a fund. 10 years to maximize deferral, CPA recommended.
Revocable Trust with Pour Over Will 2/3 of us have no will or plan. Financial Power of Attorney, Health or Living Will verses will or no will. You, probate and government estate control or out of control time and expense. Testamentary trust inside of will. LLC, C Corp, S Corp, Life estate, land trust advantages, popular titling errors. Attorney & CPA recommended. PPL-LS?
Life Insurance Irrevocable Trust Bypass estate tax limits tax free to fund estate tax owed over Federal or state limits or other goal. Experienced Attorney and CPA recommended. www.LegacyChange.com
Eternal or Perpetual Trust, Self-insurance, Real Estate Easement Plans with Advanced Tax-Estate Planning. Irrevocable. For Affluent, Married $23.16M, Individual $11.58M or as aceptable to woner. Specialized Estate/Tax Attorney & CPA recommended. www.EternalLegacyTrust.com
Life Insurance Settlement Contracts Minimum policy benefit $500,000 (preferably $1M+)
No maximum policy benefit 60 Years of age + with impairments 70 Years of age + without impairments All types of policies Less than 12 Years life expectancy

The amount paid into the policy (the tax basis) is tax-free. Proceeds greater than the tax basis, but less than the cash surrender value, are taxed at ordinary income rates. Any remaining amount is subject to capital gains tax.

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2020 rules push retirees into higher tax brackets, resulting in many having 85% of their Social Security benefits taxed as well as many being penalized by tax for higher Medicare premiums.

*Note: A Section 1245 "storage facility" differs from a non-Section 1245 building in that the latter may contain a work area in addition to its storage function and may reasonably be adapted to other uses. Qualifying Section 1245 structures cannot contain work areas except as necessary to care for the livestock, plants or their produce or to maintain the structure and equipment. For example, having a cash register inside a greenhouse for handling sales to the public would disqualify the structure as a Section 1245 single purpose structure.

**Note: IRC Section 121 $250k/$500k gain exclusion may choose to use the Energy rehab exchange or acquisition for the balance of the gain.

By the end of 2019, over $15 trillion worth of inheritance will pass through the probate courts in America. The #1 asset sold first is the real estate. We inform and can assist for efficient transfer of asset ownership.

Currently three trillion $ in annuities in USA. 95% are left to heirs. Gain is taxed ordinary income (now 37% top bracket) plus any state/city tax. Spouse is not excluded so is taxed at one's death or transfer. Consider energy rehab acquisition.

Your personal and business CPA/Tax Adviser is always recommended for your primary tax consultant.

Recommend an experienced tax and legal advisor who can know you and your specific situation, local to your property area and jurisdiction. If one does not have a personal business legal adviser we can recommend attorneys in all 50 States.

Other common business considerations could include comprehensive liability insurance umbrella and other life and disability protection.

For one who qualifies with real property real estate we have replacement properties for 1031 tax deferral. Some are rehab commercial property. Some are new 15-20-year absolute leased high-end income properties leased to tenants with positive inflation and recession resistance. This is accomplished by location and type of business.

Rehab (rehabilitated, improved or reworked properties generally have the option or plan to divest within two-three years rolling into another wealth building property. They may or may not have an option for deferred income.

The energy rehab properties are with known management and rework operators. As with any venture recommend new associates have references for experience and integrity. For energy rehab my choice is a CPA firm that has a business end with consulting and actual rehab projects they manage. Former Deloitte CPAs, they have decades experience in oil & gas operations and taxation. This can be the resource for clients and CPAs to advantage the most prolific tax advantages in the US tax code. Their experience includes years of alternatives to be tax efficient.

The energy rehab property minimum entry income properties are $100k and more. The property is producing oil & gas. The goal is to buy low, improve the production and income rolling into another or 1031 out to different qualified property. One receives recorded ownership document allowing divesture when desired with a two-three divest year goal. There can be sheltered income options. Each associate has their personal tax plan and goals. One can build with one’s own tax protected annuity with periodical tax-deductible contributions. Up to $5M or more of acquiring an energy rehab property one potentially deducts 100% of any income, gain, depreciation recapture, investment or ordinary, personal, real estate or business asset proceeds with a 15 year loss carry forward.

We include a non-disclosure confidentiality document for doing business. We are searching for long term integrity associates with common goals. Look forward to knowing you and your goals.

Confidentiality-Non Disclosure Agreement

1LessTax.com – Ken Wheeler Jr. Sample Tax Scenario

Funding of property or asset (BASIS): $200,000.00

Divest or sell for: $300,000.00

Gain or Profit $100,000.00

TAXABLE $100,000.00

For an energy rehab $100,000.00 is the prime amount to deduct so is the first amount to consider to transfer to the energy rehab property.

One does not have to transfer the complete amount as in a 1031 qualified exchange or other defer/deduct methods.

The energy rehab property is real property so when one divests one can choose any other business property to defer tax with the 1031 rule or refund into another energy rehab property with or without basis, deducting all.

With the right people one can have as an energy property annuity to receive and deduct most income and proceeds from any transaction.

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MIS

QSBS

Rules

****Section 199A aka the “Pass Thru Deduction”

There is Now a Deduction for up to 20 Percent of the Qualified Business Income of Pass Through Entities

The Act establishes a new deduction for owners of pass through entities that may enable those owners to deduct up to 20 percent of their qualified business income. This deduction is effective for taxable years beginning after December 31, 2017, but expires in taxable years beginning after December 31, 2025.

The special Code Sec. 199A deduction is available not only for individuals but also for trusts and estates. In combination with the reduction in individual income tax rates, taxpayers eligible to claim the full 20 percent deduction will face an effective maximum marginal federal income tax rate of 29.6 percent (plus, the Medicare tax on unearned income, to the extent applicable) on their eligible pass through entity income.

In calculating qualified business income, capital gain income is excluded. As a result, no material deduction would be available to a taxpayer owning rental real estate if there is little or no net income generated over the property’s holding period and the only material income is the gain recognized on the disposition of the property.

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Code Section 179 was amended to make the following types of building improvements

These building improvements are not normally within the definition of qualified improvement property because they are a structural component of a building — eligible for Code Sec. 179 expensing: (i) roofs, (ii) heating, ventilation, and air-conditioning systems, (iii) fire protection and alarm systems, and (iv) security systems. The Code Sec. 179 ceiling was increased to $1,000,000 for tax years beginning after 2017, with the phase-out beginning at $2,500,000 of qualifying assets placed in service.

It is always time to remember important year-end planning. One has to take action before year-end if one wishes the "de minimis safe harbor election" (one probably wants it) in place for 2020 to "expense" assets costing $2,500 or less.

The following are four benefits of this safe harbor:

1. Safe harbor expensing is superior to Section 179 expensing because you don’t have "recapture" (i.e. - the need to "pay back" the expense if you stop using the asset).

2. Safe harbor expensing takes depreciation out of the equation.

3. Safe harbor expensing simplifies your tax and business records because you don’t have the assets cluttering your books.

4. The safe harbor does not reduce your overall ceiling on Section 179 expensing.

Safe harbor example: One has a small business that elects the $2,500 ceiling for safe harbor expensing and purchases two desks costing $2,100 each. The invoice states the quantity “two” at the total cost of $4,200, plus sales tax of $378 and a $200 delivery and setup charge, totaling $4,778.

Before this safe harbor, one would have capitalized each desk at $2,389 ($4,778 ÷ 2) and then either Section 179 expensed or depreciated it. You would have maintained the desks in the depreciation schedules until disposed.

With the safe harbor, one expenses the desks as office supplies. This makes the tax event easier.

To benefit from the safe harbor, one and tax preparer do a two-step process as this:

Step 1.
For safe harbor protection, one must have in place an accounting policy—at the beginning of the tax year—that requires expensing of an amount of your choosing, up to the $2,500 or $5,000 limit.

Step 2.
When preparing your tax return, one chooses the election on your tax return to use safe harbor expensing. This requires attaching the election statement to your federal tax return filing the tax return by the due date (including extensions).

If one wishes to use this safe harbor for next year, Step 1 needs to be completed in the current year.

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***Tax Deed Purchase Can Have Tax Advantage When Property Owned Deemed Unwanted

A tax deed can legally transfer ownership to the buyer of a property that has been sold due to delinquent taxes. ... In a tax deed sale, the property itself is sold. The sale which occurs through an auction has a minimum bid of the amount of back taxes owed plus interest, as well as costs associated with selling the property.

The highest bidder now has the right to collect the liens, plus interest, from the homeowner. If the homeowner can't pay the liens, the new lien owner can foreclose on the property. In a tax deed sale, a property with unpaid taxes is sold in its entirety, at auction.

When you buy a tax lien certificate, you're buying the right to receive a debt payment, not the deed to the house. The homeowner is still the legal owner of the home. If he does not pay the tax debt, then you can foreclose. But you cannot buy a tax lien, turn around and foreclose on the property the next day.

Tax Liens do not eliminate the mortgage(s) attached to the property. Tax Sales do not remove Assessment or IRS Liens (government liens), if they are attached to the property.

Investors buy the liens in an auction, paying the amount of taxes owed in return for the right to collect back that money plus an interest payment from the property owner. ... Ownership of the property rarely happens: The taxes are generally paid before the redemption date. The interest rates make tax liens an attractive investment.

When tax deed purchase lead to clear deed ownership, property can have development advantages. Environmental situations are to be considered if only land or land with improvements.

If one wishes to have a professional valuation of an owned deed from a tax sale, the valuation could be valuable if one contributes the deed to a charity, government or entity who will accept title. The valuation could be much more than the purchase and valuation expense allowing a tax deduction for the contributed valuation.

20191223 Consolidated Appropriations Act of 2020

PowerPoint Presentations

Tax Reduction To Enhance Annuity, IRA and 401k Ownership For IRA, 401k, annuity and other retirement plan owners. Most plan owners do not realize retirement plan and annuity ownership transfer is subject to the highest Federal and state tax rates. Annuity taxation is immediate unless in qualified plans. Learn how to enhance most highly taxed and popular supposedly tax deferred and conservative savings products with IRS tax codes for tax reduction. Maintain the tax deferral plus add tax deductibility, as a LegacyChange plan and other available tax advantages to this conservative savings instrument.

We do not market or sell annuities or insurance products.

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ANNUITIES: How Long Will Payments Last?

A major consideration is if one wishes risking losing a significant portion of your investment to the annuity company if you die before receiving enough payments to justify the annuity purchase. There are options.

These options include:

Single Life/Life Only
Lifetime of payments but no survivor benefit.

Life Annuity with Period Certain (Fixed Period/Guaranteed Term)
Minimum period of payments - even after death of buyer - with remaining payments to beneficiary.

Joint and Survivor Annuity
Payments last life of both spouses.

Lump-Sum Payment
Entire annuity paid at once with heavy tax burden.

Systematic Annuity Withdrawal
Amount and frequency of payments customizable.

Early Withdrawal
Withdraw before 59 1/2, pay 10 percent in taxes. 72T

IRA Withdrawal Rules have minimum required distributions after 72 with a10 year disbursement requirement for beneficiaries receive all.

Limitations Some annuities limit choices.

Single Life/Life Only

Also known as a straight-life annuity, this choice allows you to receive payments your entire life. Unlike some other options that allow for beneficiaries or spouses, this annuity is limited to the lifetime of the annuitant with no survivor benefit. The risk is you will die before getting all or most of your money back. You can limit the possible loss here by choosing a life annuity with period certain.

Life Annuity with Period Certain (Fixed Period/Guaranteed Term)

Period certain annuities are the same as a straight-life annuity, but it includes a minimum period the payments will last – say 10 or 20 years – even if the annuitant dies. If the annuity holder dies before the end of the period, the payments for the rest of that time will go a beneficiary or the annuitant’s estate. Adding the period certain will cost you, lowering the amount of your monthly payments.

Joint and Survivor Annuity

Also known as a joint-life annuity, a joint and survivor annuity guarantees payments will last the lives of both the annuitant and another person, typically a spouse. This choice reduces the amount of each payment you receive with a life annuity or a life annuity with period certain. You can also elect to include a period certain with a beneficiary receiving payments if both you and your spouse die before the end of the period.

Lump-Sum Payment

This option allows the annuitant to receive the entire worth of the annuity at one time. This can increase the tax burden substantially by requiring taxes all be paid in that year.

Systematic Annuity Withdrawal

In this method, you choose the amount of the payments and how many payments you want to receive. This option does not include a guarantee it will last your entire life. It is entirely dependent on the amount of money in your annuity account.

Early Withdrawal

If you elect to withdraw money from your annuity before you reach the age of 59 ½, you will have to pay a penalty of 10 percent to the government, in addition to whatever taxes you owe on the money. If that withdrawal is within five to seven years of purchasing the annuity, you may also owe the annuity provider a surrender charge of as much as 20 percent, depending on how much time has passed since the purchase.

Death Benefit

Your annuity contract may include a provision for a death benefit for a beneficiary you designate. Usually, the payout for the beneficiary will be the contract value or the amount of the premiums that have been paid.

TIP

If you are the non-spouse beneficiary or spouse beneficiary of an annuitant who has died, you have a few different options to receive payment from a nonqualified, deferred annuity unless the annuitant has arranged otherwise.

Five Year Rule

One involves invoking a requirement that all the money in the annuity must be distributed within five years of the annuitant’s death.

Beneficiary Life Expectancy

The beneficiary may also choose to have the money distributed according to his or her life expectancy. The life expectancy is used to calculate the minimum amount the beneficiary must withdraw each year.

Survivor Annuitization

And finally, the beneficiary may choose to annuitize the funds. This means the annuity becomes a guaranteed stream of income for the beneficiary. This can use the single-life or term-certain options described above.

Do Annuities Have Declared Dividends?

Annuities are different than stocks and do not have the same structure. With stocks, you have public corporations with boards of directors that decide to declare a dividend for payments to shareholders from company profits. Annuity payments are either fixed ahead of time or tied to the performance of an index or stock portfolio.

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We do not market annuities, insurance or list real estate or businesses. We may, with client request or permission, refer to those who do.

“Keep focused. When you are hunting elephants, don’t get distracted chasing rabbits.”