Tax Moves to Make in 4th Quarter? – REFS

Tax Moves to Make
in 4th Quarter? 

deal planning

3 Key Options for Your Customers

With year-end approaching, the time frame to implement tax saving strategies for 2022 is escalating.   What will your customers’ businesses do to best take advantage of tax planning opportunities in 2022?

REAL-LIFE METHODS TO MINIMIZE TAXES

Here are three typical situations that tend to happen near calendar year-end, using examples of how MyCFO helps our clients as their tax accountant (click each for extended details):

  • Real estate transactions: It is common for commercial real estate deals to close by year-end, in order to achieve balance sheet and income tax goals of related parties.  Cashing out on your residential rental and commercial real estate properties seems wonderful until the tax bill arrives. MyCFO helps our clients to use all available avenues to minimize or defer the related capital gains tax, which can vary depending on your situation.  A popular option to delay such taxation is through a 1031 exchange (read more here).
  • Mergers and acquisitions tax planning – Multiple partners, loans, and tax implications: Is your customer on the verge of buying or selling a company?  In this engagement, our client’s ownership was composed of three partners, each with loans to the business of different amounts, and an earnout (i.e., part of purchase price paid in future) to consider. Not only was a calculation of payout/partner necessary but structuring the deal to minimize taxes for the sellers was of paramount importance (read more here).
  • Business restructuring/reconfiguration:  Perhaps your customer is restructuring around new business lines or customer segments; or reconfiguring to add/combine/dissolve business units.  Whatever the process, their goals are likely to boost innovation and, ultimately, financial performance.  In this client engagement, our client’s decades-old family business had expanded through vertical integration.  However, there were impending negative consequences to taxes and profitability . Part of MyCFO’s solution was to form a holding company, in particular considering the multi-state aspect of some of the companies. We also consulted with the client on tax issues related to future buyout options for family members looking to leave the business (read more here).

DON’T DELAY – CONTACT US TODAY!

Whether your customers year-end needs are in real estate, M&A, restructuring or other financial/tax goals, MyCFO can help.  We apply our decades of experience in innovative tax planning and preparation.  If this is the kind of innovative thinking and client-focus that your customer would like from a tax accountant, contact us.

Article: Tax Moves to Make in Fourth Quarter?

Tax Moves to Make
in 4th Quarter? 

deal planning

3 Key Options for Your Business

With year-end approaching, your time frame to implement tax saving strategies for 2022 is escalating.   Three typical situations that tend to happen near calendar year-end are:

  • Real estate deals:  It is common for commercial real estate deals to close by year-end, in order to achieve balance sheet and income tax goals of related parties.  Will this happen in 2022? Read these articles from Forbes “Seven Trends Driving Commercial Real Estate In 2022”  and Crowdstreet “How does inflation impact commercial real estate?”
  • M&A transactions: After a record-setting 2021, the M&A market has slowed in 2022, due in large part to economic and geopolitical uncertainty.  However, activity will continue — is your company on the verge of the buy or sell side?
  • Business restructuring/reconfiguration:  Perhaps your company is restructuring around new business lines or customer segments; or reconfiguring to add/combine/dissolve business units?  Whatever the process, your goals are likely to boost innovation and, ultimately, financial performance.  Numerous factors often drive such changes to occur by year-end.

What will your business do to best take advantage of tax planning opportunities in 2022?  

REAL-LIFE METHODS TO MINIMIZE TAXES

Here are examples of how MyCFO helps our clients as their tax accountant:

  • Real estate transactions: Cashing out on your residential rental and commercial real estate properties seems wonderful until the tax bill arrives.  MyCFO helps our clients to use all available avenues to minimize or defer the related capital gains tax, which can vary depending on your situation.A popular option to delay such taxation is through a 1031 exchange.  Taking this application one step further, investing the proceeds of a 1031 exchange in a Delaware Statutory Trust has other tax benefits worth considering.  A DST is an investment trust which holds one or more pieces of real property, allowing investors to have a fractional ownership interest in the property held by that trust.  DSTs offer the same tax advantages of real estate that an investor would own and manage themselves. Depreciation and amortization are passed along to DST investors by their proportionate share. In situations in which the building value is substantially more than land value, investors may have essentially tax-free income due these write-offs.
  • Mergers and acquisitions tax planning: Multiple partners, loans, and tax implicationsWhen selling or buying a business, tax planning can make a massive impact on your net payout as a seller, or future depreciation write-offs for the buyer.  A common issue is determining whether the purchase will be an asset vs. stock sale, which when fully understood, can usually be structured to make economic sense for both parties.

In this case, our client’s ownership was composed of three partners, each with loans to the business of different amounts, and an earnout (i.e., part of purchase price paid in future) to consider.  Not only was a calculation of payout/partner necessary, but structuring the deal to minimize taxes for the sellers was of paramount importance.

Lawyers often ask MyCFO to look at their M&A transactions.  However, a common mistake is waiting to call us until the deal is too far down the road.  We encourage all parties, and their legal counsel to contact us early in the process so that we can help with proper structuring of the deal and negotiations, i.e., before both seller and buyer think a deal is struck, then it must be unwound and re-done because of tax implications.

  • Business restructuring/reconfiguration: As your business grows, you may decide to form a number of related companies.  Typically, the motivation may be liability/risk management, marketing or even valuation and eventual sale of the business.  However, tax benefits and structuring are often left as an afterthought, which leads to unintended consequences. In this case, our client’s family business that was decades old had expanded through vertical integration.  The related companies were not only in the same industry, at different stages of production, but several operated out-of-state.  As the next generation of family members was transitioning into ownership, it was important to know the profitability of each operation. Part of MyCFO’s solution was to form a management company, under which all related companies were held.  This made the profit picture clearer and allowed for an effective business valuation to take place, so that ownership could be fairly distributed.  Of course, taxation was considered in the process, as the multi-state aspect of some of the companies impacted their overall profitability.  We also consulted with the client on tax issues related to future buyout options for family members looking to leave the business.

DON’T DELAY – CONTACT US TODAY!

Whether your year-end needs are in real estate, M&A, restructuring or other financial/tax goals, MyCFO can help.  We apply our decades of experience in innovative tax planning and preparation.  If this is the kind of innovative thinking and client-focus that you’d like to see for your tax accountant, contact us.

Title, Financing, Taxation and Risk Assessment for Inherited Real Estate

title deeds

Title, Financing, Taxation and Risk Assessment for Inherited Real Estate

Major issues that can “make or break” your estate plan

Over the last couple issues of “Estate Planning & Probate News” we’ve discussed some of the key intricacies of estate planning for residential real estate and commercial real estate.  In this article, we’ll address some “make or break” issues that can dramatically affect your estate as it related to real property.

Proper Titling

As an estate is settled, it is common for beneficiaries to assume that a property is held by the trust, when in fact it may be held by other parties.  This may have been the intent of the trustor or it might have been an oversight.  As such, a key task of your estate planning attorney is to establish the correct title for all properties held by your trust.

Creating a will can designate intended plans for real estate but it is very important to take the next step and ensure that all assets are properly titled. The titling (or ownership structure) will impact how your assets are distributed, whether or not they need to go through probate, and estate taxes required.  For example, if you own a home jointly with someone, the titling determines the disposition, e.g., your share could be distributed to your surviving spouse, to your estate, or to a third party.

Financing and Liens

If your home has a mortgage on it, you’ll need to consider some options in estate planning. Most mortgages have a “due on sale” clause that may be triggered at death.  If so, the inheritor would need to qualify for a mortgage on their own, or the home would need to be sold, or other liquid assets in the estate would need to be used to pay off the debt.  If there is a mortgage balance that goes unpaid upon your death, the lender then has the right to foreclose, taking ownership of the property to recoup their losses on the debt.

This can be an unforeseen and sad situation when a beneficiary can’t qualify for a mortgage and has to sell the family home (for example, a grandchild who inherited the home but is still in college).  {click here to read the rest of this section}

Taxation

Real estate owners often spend a lifetime accumulating prime real estate assets. If such assets need to be sold to pay estate taxes, those efforts are lost. With proper estate planning, however, those assets can be maintained for future generations. {click here to read the rest of this section}

Risk Assessment

Any real estate investor knows that real estate investments come with inherent risks.  However, are your heirs aware of these risks and equipped to deal with them?  Consider providing formal and informal education to heirs in order to equip them to continue your dynasty (whether professional real estate management is used or not). These risks include: variances in market value over time and differing economic conditions; access to financing; depreciation of assets and related tax planning; negative cash flow/financial losses; liability/legal ramifications; vacancy and evictions; maintenance costs; and liquidity concerns as related to conversion to cash, estate taxes, property taxes and other operating costs.

Experts in Estate Planning for Real Estate

We’ve attempted to make this series of articles on estate planning for real estate as easy to understand as possible.  However, the reality is that the nature of this asset category makes it complex, particularly considering all the variables and risk factors.  The good news is that Mortensen & Reinheimer, PC is ready to help simplify the process for you and we’ll handle the complexity of it all – while maximizing these opportunities and achieving your goals.  Please contact us at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

Tamsen-Reinheimer_150x100

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.

Tax Moves to Make in 4th Quarter?  CLIENTS

 

deal planning

3 Key Options for Your Business

With year-end approaching, your time frame to implement tax saving strategies for 2022 is escalating.   What will your business do to best take advantage of tax planning opportunities in 2022?

REAL-LIFE METHODS TO MINIMIZE TAXES

Here are three typical situations that tend to happen near calendar year-end, using examples of how MyCFO helps our clients as their tax accountant (click each for extended details):

  • Real estate transactions: It is common for commercial real estate deals to close by year-end, in order to achieve balance sheet and income tax goals of related parties.  Cashing out on your residential rental and commercial real estate properties seems wonderful until the tax bill arrives. MyCFO helps our clients to use all available avenues to minimize or defer the related capital gains tax, which can vary depending on your situation.  A popular option to delay such taxation is through a 1031 exchange (read more here).
  • Mergers and acquisitions tax planning – Multiple partners, loans, and tax implications: Is your company on the verge of the buy or sell side?  In this engagement, our client’s ownership was composed of three partners, each with loans to the business of different amounts, and an earnout (i.e., part of purchase price paid in future) to consider. Not only was a calculation of payout/partner necessary but structuring the deal to minimize taxes for the sellers was of paramount importance (read more here).
  • Business restructuring/reconfiguration:  Perhaps your company is restructuring around new business lines or customer segments; or reconfiguring to add/combine/dissolve business units?  Whatever the process, your goals are likely to boost innovation and, ultimately, financial performance.  In this client engagement, our client’s decades-old family business had expanded through vertical integration.  However, there were impending negative consequences to taxes and profitability . Part of MyCFO’s solution was to form a holding company, in particular considering the multi-state aspect of some of the companies. We also consulted with the client on tax issues related to future buyout options for family members looking to leave the business (read more here).

DON’T DELAY – CONTACT US TODAY!

Whether your year-end needs are in real estate, M&A, restructuring or other financial/tax goals, MyCFO can help.  We apply our decades of experience in innovative tax planning and preparation.  If this is the kind of innovative thinking and client-focus that you’d like to see for your tax accountant, contact us.