In this podcast, Alexis Gallati of Cerebral Tax Advisors discusses controversial tax deductions such as land conservation easements, captive insurance companies, self rentals, employing your spouse or children, and cost segregation studies. The hosts emphasize the importance of caution and qualification when utilizing these deductions. They also touch on topics such as tax loss harvesting, setting low salaries for S Corps, and the role of whole life insurance as a tax mitigation strategy.
Cost segregation studies can provide accelerated depreciation and substantial tax deductions, but it's crucial to ensure the benefits outweigh the study's cost and limitations.
Restricted Property Trusts can offer tax benefits through life insurance policies, but consider the cost, loss of step-up in basis upon death, and complexities of these trusts.
Section 179 of the tax code allows businesses to deduct the full purchase price of vehicles used primarily for business, but IRS requirements must be met.
Deep dives
Cost Segregation Studies: Accelerating depreciation in a building
A cost segregation study allows accelerated depreciation in a building by breaking up the cost into different components with different depreciable lives. This can result in a large deduction in the first year. However, it is important to ensure that a proper cost segregation study is conducted by a specialized firm and that the tax benefits of the accelerated depreciation outweigh the cost of the study. It is also necessary to consider if the property qualifies for other deductions or if there are limitations based on passive loss rules.
Restricted Property Trust: Utilizing life insurance policies for tax benefits
Restricted Property Trusts are designed to help business owners mitigate their income tax. Essentially, they involve the employer purchasing a life insurance policy for the individual, which offers long-term non-taxable cash growth and cash flow. While these trusts can offer tax benefits, it's important to carefully consider whether the cost of the insurance policy and the loss of a step-up in basis upon death outweigh the tax advantages.
Section 179 Deduction for Cars over 6,000 pounds
Under Section 179 of the tax code, businesses can write off the cost of vehicles used for business purposes. Specifically, if the vehicle weighs over 6,000 pounds, businesses may be able to deduct the full purchase price of the vehicle, subject to certain limitations and rules. However, it's crucial to ensure that the vehicle is used primarily for business and meets the requirements set by the IRS.
Qualified Personal Residence Trust: Reducing estate taxes with irrevocable trusts
A Qualified Personal Residence Trust (QPRT) allows individuals to transfer their personal residence out of their estate to reduce estate taxes. The individual retains the right to live in the property for a specific period while transferring the remainder interest to beneficiaries. It is important to carefully evaluate whether the tax benefits of reducing estate taxes outweigh the potential loss of a step-up in basis upon death.
Restricted Property Trust: Financial instruments with hidden whole life insurance policies
Restricted Property Trusts are often disguised whole life insurance policies sold under various names. They aim to provide long-term non-taxable cash growth and cash flow. However, these financial instruments come with complex structures and fees associated with life insurance policies. It's important to carefully evaluate whether the tax benefits outweigh the cost and complexities of these policies.
Today we are talking to Alexis Gallati of Cerebral Tax Advisors all about controversial, aggressive and often little known tax deductions. We ask her about all kinds of topics and how to execute on them in a way that will not get us into trouble with the IRS. We talk about when they are risky, when they aren't risky and if you should use them or not. Some topics we cover are land conservation easements, captive insurance companies, self rentals, employing your spouse or children, cost segregations studies and much more.
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