During the week of September 12th this year, news began circulating of President Biden’s proposed tax increase to offset up to $3.5 trillion that they plan to spend on the social safety net and climate policy. While it is still in the initial proposal stages, if passed, this tax increase would affect top corporations and wealthy individuals—and thus would also potentially create big changes with things such as estate and gift tax exemptions. This proposed bill would go into effect in 2022. If it sounds familiar that’s because it shares many elements of the 99.5 Percent Act proposed by Senator Bernie Sanders and Senator Sheldon Whitehouse earlier this summer—which proposed many reduced monetary thresholds involving estate and gift federal tax liabilities. Let’s take a deeper look into the details of this new tax increase proposal and what they might mean for you.
Taxes invade almost every aspect of our daily lives and property ownership is no exemption. When investing in such a large asset it is important to understand the different types of real property taxes and fees associated with the purchase. Although the process of buying a home is often handled by a real estate agent, it is important to know the ins and outs of each tax and fee associated with buying a property.
Looking to trade in an old investment property for something new? Section 1031 of the Internal Revenue Code allows taxpayers to defer the recognition of gain on business or investment property exchanged for like-kind property. Although this seems simple on its face, below are several common pitfalls.
- Failure to properly use a qualified intermediary (also referred to as an exchange facilitator)
The word “exchange” is applied quite literally in Section 1031. You must exchange the old property directly for the new property, without receipt of any sale proceeds. Because the odds of finding someone who is willing to swap properties is incredibly low, most people must use a qualified intermediary to comply with the “exchange” requirement of Section 1031. The funds from the sale of the relinquished property are paid directly to the qualified intermediary, who uses the funds to acquire the replacement property. The qualified intermediary also handles the exchange of title with the buyer of the relinquished property and the seller of the replacement property. You may need to come up with separate liquid funds or financing if the replacement property is more expensive than the net proceeds from the sale of the relinquished property.