All Forum Posts by: Bernard Reisz

@Michael Plaks Great concept! As always, devil is in the details. We do tell clients about the shift in value over time, as the 1245 assets really do depreciate and the 1250 assets really do appreciate. However, we haven't been quantifying and illustrating it to sell cost seg studies. As you say, the concept is great and true, but the proper application in practice may not be as advertised. Kudos for highlighting this!

@Michael Plaks @Ashish Acharya @Nicholas Aiola, @Dave Foster, @David Orr, @Jason Watson, @Natalie Kolodij

Great discussions we've had and looking forward to continuing. 

This series of questions is where it all comes together: 1250, 1245, 1031, etc. and it really is such a confusing mess that even the IRS may have been misinterpreting it - which would not be a first! (Most notably, they've gotten REPS aggregation all mixed up in the past.)

Based on the regs seems that:

- 1245 ordinary income recapture applies to some forms of property that qualify as "real estate" for 1031 exchange purposes

- 1245 recapture on such "real estate" overrides 1031 deferral such that 1245 depreciation is recaptured to the extent there's a trade down in 1245 property in the exchange

@Heidi Kenefick There are many additional mitigating considerations worth discussing in conjunction a real estate tax accountant.  

@Abel Curiel Honored by the mention and kind words!

@Helene Goodworth Although my focus has shifted to real estate specific tax tools (i.e., Cost Seg, 1031 exchange, SDIRA), would say that while remote tax service can be great, there is immense value in working with an accountant that has a focus on the locales in which you operate (i.e., where you reside and where you invest). Nearly every locale has its idiosyncrasies; of course, some more so than others. As @Basit Siddiqi mentions, NYS in general and NYC specifically have more than their fair share of idiosyncrasies.

So, while it's true that your accountant can be remote, they should preferably have substantial experience in your locale.

@Connor Castillo As a CPA that focuses on Cost Segregation, a solid real estate accountant may be your first need, followed by finding a Cost Seg provider if needed and beneficial to you. (Although I'm a CPA, my focus is the Cost Seg piece, not the tax prep piece.) 

@Gene Battle The majority of reputable Cost Seg companies do studies nationwide. Depending on the nature of your property and the particular Cost Seg provider's MO, there may or may not be an actual site visit.

@Michael Plaks Honored by the mention!

@Salvatore D'Agostino Sounds like you've got a solid grasp of who does (and who doesn't) benefit from Cost Seg and are looking for info specifically about the Cost Seg process and results. 

Although the majority of Michael's superb content on Cost Seg focuses on how to properly assess the value of Cost Seg, he also does highlight some items regarding the internal workings of a Cost Seg study. All the posts he references are recommended reading.

@Michael Plaks Honored to be on your "short list!"

@Timothy Fortin As Michael's superb content here and elsewhere emphasize, cost segregation services are tightly intertwined with broader tax functions typically provided by accountants. (Of course it can be DIYed, but for most investors the best outcomes are achieved with a real estate tax accountant's input.)

While 100% bonus depreciation is still available to you through Cost Segregation and is something we help investors on a daily basis, getting a tax accountant's input before ordering your Cost Seg study is highly recommended.  

Regarding Form 3115, we provide a draft form as a resource and reference for your accountant, for them to review and modify if necessary. (There can be Form 3115 idiosyncrasies unique to each tax filing.)

@George Taylor Welcome to BP and welcome to the Cost Seg industry! 

As you spend more and more time in both of those wonderful spaces, you'll find that Michael is among the greatest contributors to them, providing an abundance of no non-sense expertise. The wonderful and unique thing about Michael is that he provides info that's unbiased and objective. He's impartial and is a great resource for all real estate investors and service providers - and it's fair to say he can be the same for you. 

Cheers!

@Michael Plaks Honored by the mention! 

@Jason Coleman There are 2 steps to decision making with regard to Cost Seg. Step 1 is to get an estimate of the amount of tax deductions that may be available through Cost Seg. All quality Cost Seg providers provide complimentary preliminary analyses. Step 2 is to get your tax professional's input on the real value of those deductions to you. The "exchange rate" for conversions of tax deductions to tax savings vary from investor to investor. There are numerous factors at play and your real estate tax professional is best positioned to opine on that. Michael Plaks has created several great resources here on BP to educate about these, as does ReSure on its education platform (including some plagiarization of Michael's content!)

@Malik Javed makes several valuable points that highlight that Cost Seg is not a commodity and what goes on "under the hood" varies from firm to firm. Malik - Glad that these points are being highlighted here on BP and def concur will them! 

@Alicia Prokos (and anyone else in the same position) A 401k plan is a type of Qualified Retirement Plan, in which there are - at a minimum - 2 essential roles: Trustee and Administrator.

Plan administrator – The person who is identified in the plan document as having responsibility for running the plan.

Plan trustee – Someone who has the exclusive authority and discretion to manage and control the plan assets.

In the overwhelming majority of plans, it is the business owner and/or the business entity adopting the plan that fill these roles.

Companies that provide 401k administrative services are more aptly called "third-party administrators." This means that the true plan administrator in the eyes of the IRS and DOL remains the business owner/sponsoring business. (These lots more to be said about this, particularly within the ERISA plan context, but this is the gist of it.) The TPA (shorthand for third-party administrator) is simply providing "outsourced" plan services to the plan's true administrator. For ERISA 401k plans (non-Solo plans), the TPA industry is more substantive - many thousands of times over - than for Solo 401k plans 

The backbone of a 401k plan is a compliant plan document. To assist businesses in adopting 401k plans, TPAs and other plan service providers "license" use of IRS pre-approved plan documents to their clients. 

As mentioned in a prior comment, a 401k plan does not require a financial institution custodian or trustee, unlike an IRA.

The terms "plan administrator" and "plan provider" oftentimes mean different things to different people, particularly in the Solo 401k plan space. Notwithstanding, "plan provider" connotes a service that is primarily focused on 401k document provision and compliance support and "plan administrator" connotes a more involved level of support in management of the plan. However, as these terms are not used "scientifically" in the Solo 401k industry, it's advisable not to focus on those terms; rather, develop a sense of what's required to maintain a Solo 401k plan and identify exactly what is offered by a service provider.

The upshot of all this is that once you've adopted a Solo 401k plan, it doesn't suddenly vanish or become non-compliant because a "plan provider" or "plan administrator" resigns. However, to ensure your plan remains compliant, including plan document maintenance and plan operation, you should engage alternate service providers.