September 23, 2015
Adriane Reams, Manager, CPA and Construction Team Member
It might not be the end of the year, but it is time to take a look at your overall tax picture. "This is a good time of year to reviewyour business' long-term financial plans for items such as real estate and vehicles," says Adriane Reams, Manager, CPA and Construction Team Member.
Depending on your tax situation and long-term goals, you might find that a Section 1031 Exchange is a good option to limit your taxable gains during the year. Also known as a like-kind exchange, a 1031 facilitates the swap of one business or investment asset for another - with one big feature: No tax or limited tax will be due in the year of theexchange. In other words, you can change the form of your investment without cashing out or recognizing a capital gain, allowing your investment to continue to grow, tax deferred (remember this is a tool to defer or manage tax, not eliminate it).
An exchange can help you leverage your sale proceeds toward more valuable real estate, increase cash flow, diversify into other properties, reduce m
anagement, or consolidate holdings.
Common Construction Reasons for a 1031 Tax Exchange?
Many of our construction clients who own their office buildings see their needs change (grow or contract) based on economic fluctuations. A 1031 exchange allows an owner to focus on the business need vs. the tax implication of selling their building.
Vehicles (i.e. cars and trucks) are considered business property, and maintenance expenses can add up for businesses with a big fleet of vehicles, especially as they age. Replacement of these older vehicles can reduce the repair expenses. Vehicle trade-ins are the most common 1031 transaction we see.
Does Entity Type Matter?
Entity type is a strong consideration because in an S Corp or Partnership-type entity (LLC, LP, GP, etc.) the income (including gains) pass through to the owners. If you don't use a 1031 in those situations, then the gain or loss would be passed through to the owners and they would pay the capital gains tax during the year.
You'll need to have a good plan in place if you're interested in executing a1031 exchange because your replacement property will need to be identified in writing within 45 days of selling the relinquished property. The title company will help you identify an intermediary and they do some of the testing that you've qualified and ensure you've identified the right property as well. Start to finish, the deal needs to be completed within 180 days. Given the tight timing be sure to speak with your CPA in advance. As Reams mentions, "We want to be part of the process, to help a client make an educated decision."
Curious? Contact us!
If these construction business scenarios sound familiar to you, reach out to Adriane Reams or Ian Grimbleby in the Construction Department while there is still ample time before year-end to implement changes.
Many of our Ag clients are candidates for a 1031 exchange, as well. We encourage you to give Jeff Bowman, Ag Team Lead, a call to discuss any questions you might have.
Ian serves as a lead client contact focused on attest services. He applies his international perspective gleaned from working with clients from multiple industries including utilities, technology, pharmaceuticals, retail and not for profit. Although Ian initially started out as a marketing major at Cal Poly’s Orfalea College of Business, he later switched to the accounting program to gain more insights into how businesses run.
Ian is a Modesto native but spent seven years with PWC (PriceWaterhouseCoopers) – starting as an intern in San Jose, then joining the firm’s LA office before eventually transferring to their offices in first Edinburgh and later Aberdeen, Scotland.
While abroad, Ian and his wife Jessica found time to travel throughout Europe, including a 3,000 mile camping trip through France and Italy with their 5-month old son. Ian "considers Edinburgh one of his favorite places in the world, despite the high cost of living in the UK." He highly recommends traveling there, especially during the festivals in August.
Ian would like to spend his Saturdays in June with his young family enjoying the ocean either in Carmel or Pismo Beach. By October, he’s likely to be headed to Big Sur for a camping trip. When January rolls around, Ian will no doubt be yearning to put his season pass to use snowboarding at Dodge Ridge.