Real Estate Right Now is a video series covering the latest real estate trends and opportunities and how you can make the most of them. This episode discusses the difference between passive and non-passive income, and why it matters.

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When it comes to a real estate investment, the income generated can be defined as either passive or non-passive. 

Passive income refers to income earned from any business activity where the investor does not materially participate in its creation. When a real estate investor invests in a real estate property, but has no substantial, hands-on, active participation in generating its income, that income is defined as ‘passive.’ Passive income comes from money that was invested in a property and was left to generate revenue; the earnings are regarded similarly to earnings from interest, dividends, royalties and bonds, though the tax rates differ. 

On the flip side, when an investor materially participates in the day-to-day activities of managing a property – for example, collecting rents, managing tenants, advertising and maintenance – the income he generates is defined as ‘non-passive.’ Some other examples of non-passive income include wages, earnings from active stock trading and earnings from business activity.   

Why is the difference between passive and non-passive income relevant?

Because the way your income is categorized impacts how it will be taxed. 

Generally, the IRS does not allow a taxpayer to offset passive losses against non-passive income. Passive activity loss rules preclude a real estate owner from deducting losses generated from passive income (i.e. rental income) from non-passive income (i.e. business income).  

However, when it comes to taxes, there are always some exceptions to the rule. 

If a taxpayer qualifies as a real estate professional, as defined by IRC Sec. 469, the passive activity loss rules do not apply. The investor, or ‘real estate professional,’ can use the losses from real estate activities (like rentals) to offset ordinary and non-passive income.  

In another caveat, if a taxpayer owns a piece of real estate and uses it for his own business (i.e. it is “owner occupied”), then real estate loss (passive) can offset the business’ ordinary income (non-passive).  

The takeaway? It is essential for a real estate owner to correctly define his income as passive or non-passive in order to enjoy the greatest ROI. 

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

The traditional corporate ladder is no longer.

It used to be that an employee’s career would be at a single firm. As an employee proved themselves, they gradually moved into a better office, gained more responsibilities and earned a bigger paycheck. The path was clear and often linear. While titles changed and responsibilities grew, employees would measure services to their company in decades. The pinnacle of professional achievement was the corner office situated neatly at the top of a clearly defined corporate ladder.

Today, significant employee turnover has become a byproduct of the modern career path. Most employees spend 3 or 4 years at an organization before moving on. Despite this, most companies still see employee turnover as a negative attribute. During interviewing and onboarding, there is an underlying assumption that the employee will stay with the employer indefinitely, even though the average tenure of a modern worker is about four years, according to the U.S. Department of Labor. When the employee does leave, the process feels awkward – with neither side acknowledged or prepared for the inevitable moment.

In today’s world, employers need to closely review the real value of employee retention. Here are some reasons why employers should rethink their focus on employee turnover:

1. Retention does not equal engagement. Companies that focus too much on retention often get stuck with people who show mediocre (or even low) performance and have minimal ambition. Employees who want challenging, engaging jobs leave quickly when they see average performance being rewarded.
2. Lengthy employee tenures can be counterproductive. After a certain point, unless the employee has moved up in an organization, the longer an employee stays, the more likely they are to be unproductive, unengaged and unfulfilled. Businesses with a high percentage of long-tenured employees are less likely to be exposed to innovative ideas from new employees coming from other companies and industries.
3. Turnover is out of your hands. Employees leave companies all the time to pursue completely different career tracks and personal goals. No matter what you do or offer, employees may leave.

Some employers have embraced the notion of intentional attrition, often known as an “up-and-out” system. For example, at companies like McKinsey & Co., attrition isn’t negative. It’s normal. Employees know at the beginning of their time with McKinsey that they might not progress upward. With only a few senior positions available, McKinsey team members are encouraged to leave after a finite amount of time.

Like with any organizational change, it takes time and effort to push through the setback of losing great people. In the modern business world, the majority of employees are going to resign from their job at some point, but if you can create a culture that doesn’t penalize workers who resign, you can create an organization where highly successful people will want to work and grow. According to Bryan Adams, CEO and founder of Ph.Creative, here are several steps to consider:

1. Acknowledge that this isn’t forever from the beginning. Be honest from the start and acknowledge that your company may be a “stepping stone” to help your employees gain the experience and skills to find better opportunities elsewhere in the future. In return, expect exceptional performance from your employees and for them to be honest once they are ready to move on.
2. Focus on promoting internal candidates and boomerang employees. Some of your employees will want to stay at your organization for more than two or three years. However, they won’t stick around if you can’t offer them mobility. Be sure to show that you’re serious about recognizing impressive work by promoting from within whenever possible or rehiring former employees who have upped their skills and credentials.
3. Engage your alumni. Many people leave their jobs only to be replaced and forgotten by their former bosses. Another example from McKinsey, though, is that the firm proudly publishes articles on alumni and even offers alumni special recognition in the company. Consider putting together a program that encourages former employees to stay in touch and share news and events.
4. How you offboard people is key. Bid a positive farewell, celebrate their future successes and opportunities, and be grateful for their specific contributions. Keeping in touch and celebrating personal wins — and maybe even reaching out to feature or profile alumni as they move through their careers — encourages people to fondly remember their time at your company.

Rather than fighting to hold onto employees, companies are better positioned for success if they develop a culture that benefits from a healthy influx of people, ideas and practices. Employers must develop strategies that promote employee engagement, career development and succession planning to bring out the most appreciation and value from their employees. Employers who are willing to embrace this model of work – where employees give organizations 100% when they are there, and readily transfer knowledge to the next generation when they move up or on – will provide a significant competitive advantage.

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

With concerns about inflation in the news for months now, most business owners are keeping a close eye on costs. Although it can be difficult to control costs related to mission-critical functions such as overhead and materials, you might find some budge room in employee benefits.

Many companies have lowered their benefits costs by offering a high-deductible health plan (HDHP) coupled with a Health Savings Account (HSA). Of course, some employees might not react positively to a health plan that starts with the phrase “high-deductible.” So, if you decide to offer an HSA, you’ll want to devise a strategy for championing the plan’s advantages.

The Basics

An HSA is a tax-advantaged savings account funded with pretax dollars. Funds can be withdrawn tax-free to pay for a wide range of qualified medical expenses. As mentioned, to provide these benefits, an HSA must be coupled with an HDHP. For 2023, an HDHP is defined as a plan with a minimum deductible of $1,500 ($3,000 for family coverage) and maximum out-of-pocket expenses of $7,500 ($15,000 for family coverage).

In 2023, the annual contribution limit for HSAs is $3,850 for individuals with self-only coverage and $7,750 for individuals with family coverage. If you’re 55 or older, you can add another $1,000. Both the business and the participant can make contributions. However, the limit is a combined one, not per-payer. So if your company contributed $4,000 to an employee’s family-coverage account, that participant could contribute only $3,750.

Another requirement for HSA contributions is that an account holder can’t be enrolled in Medicare or covered by any non-HDHP insurance (such as a spouse’s plan). Once someone enrolls in Medicare, the person becomes ineligible to contribute to an HSA — though the account holder can still withdraw funds from an existing HSA to pay for qualified expenses, which expand starting at age 65.

3 Major Advantages

There are 3 major advantages to an HSA to clearly communicate to employees:

1. Lower Premiums

Some employees might scowl at having a high deductible, but you may be able to turn that frown upside down by informing them that HDHP premiums — that is, the monthly cost to retain coverage — tend to be substantially lower than those of other plan types.

2. Tax Advantages x3

An HSA presents a “triple threat” to an account holder’s tax liability. First, contributions are made pretax, which lowers one’s taxable income. Second, funds in the account grow tax-free. And third, distributions are tax-free as long as the withdrawals are used for eligible expenses.

3. Retirement and Estate Planning Pluses

There’s no “use it or lose it” clause with an HSA; participants own their accounts. Funds may be carried over year to year — continuing to grow tax-deferred indefinitely. Upon turning age 65, account holders can withdraw funds penalty-free for any purpose, though funds that aren’t used for qualified medical expenses are taxable.

An HSA can even be included in an account holder’s estate plan. However, the tax implications of inheriting an HSA differ significantly depending on the recipient, so it’s important to carefully consider beneficiary designation.

Explain the Upsides

Indeed, an HDHP+HSA pairing can be a win-win for your business and its employees. While participants are enjoying the advantages noted above, you’ll appreciate lower payroll costs, a federal tax deduction and reduced administrative burden. Just be prepared to explain the upsides.

© 2023

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

A common question for people planning their estates or inheriting property is: For tax purposes, what’s the “cost” (or “basis”) an individual gets in inherited property? This is an important area and is too often overlooked when families start to put their affairs in order.

Under the fair market value basis rules (also known as the “step-up and step-down” rules), an heir receives a basis in inherited property that’s equal to its date-of-death value. So, for example, if an individual bought shares in an oil stock in 1940 for $500 and it was worth $5 million at his death, the basis would be stepped up to $5 million for his heirs. That means all of that gain escapes income taxation forever.

The fair market value basis rules apply to inherited property that’s includible in the deceased individual’s gross estate, whether or not a federal estate tax return was filed, and those rules also apply to property inherited from foreign persons, who aren’t subject to U.S. estate tax. The rules apply to the inherited portion of property owned by the inheriting taxpayer jointly with the deceased, but not the portion of jointly held property that the inheriting taxpayer owned before his or her inheritance. The fair market value basis rules also don’t apply to reinvestments of estate assets by fiduciaries.

Lifetime Gifting

It is crucial to understand the fair market value basis rules so as to avoid paying more tax than legally required.

For example, in the above scenario, if the individual instead decided to make a gift of the stock during his lifetime (rather than passing it on when he died), the “step-up” in basis (from $500 to $5 million) would be lost. Property acquired by gift that has gone up in value is subject to the “carryover” basis rules. That means the person receiving the gift takes the same basis the donor had in it ($500 in this example), plus a portion of any gift tax the donor pays on the gift.

A “step-down” occurs if someone dies while owning property that has declined in value. In that case, the basis is lowered to the date-of-death value. Proper planning calls for seeking to avoid this loss of basis. Giving the property away before death won’t preserve the basis. This is because when property that has gone down in value is the subject of a gift, the person receiving the gift must take the date of gift value as his or her basis (for purposes of determining his or her loss on a later sale). Therefore, a good strategy for property that has declined in value is for the owner to sell it before death so he or she can enjoy the tax benefits of the loss.

These are the basic rules. Other rules and limits may apply. For example, in some cases, a deceased person’s executor may be able to make an alternate valuation election. And gifts made just before a person dies (sometimes called “death bed gifts”) may be included in the gross estate for tax purposes. Speak to your financial advisor for tax assistance when estate planning or after receiving an inheritance.

© 2023

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

As a business owner, you’ll likely need to have your company appraised at some point. An appraisal is essential in the event of a business sale, merger or acquisition. It’s also important when creating or updating a buy-sell agreement or doing estate planning. You can even use a business valuation to help kickstart or support strategic planning.

A good way to prepare for the appraisal process, or to just maintain a clear, big-picture view of your company, is to learn some basic valuation terminology. Here are 5 terms you should know:

1. Fair market value

This is a term you may associate with selling a car, but it applies to businesses — and their respective assets — as well. In a valuation context, “fair market value” has a long definition:

The price, expressed in terms of cash equivalents, at which property would change hands between a hypothetical willing and able buyer and a hypothetical willing and able seller, acting at arm’s length in an open and unrestricted market, when neither is under compulsion to buy or sell and when both have reasonable knowledge of the relevant facts.

2. Fair value

Often confused with fair market value, fair value is a separate term — defined by state law and/or legal precedent — that may be used when valuing business interests in shareholder disputes or marital dissolution cases. Typically, a valuator uses fair market value as the starting point for fair value, but certain adjustments are made in the interest of fairness to the parties.

For example, dissenting shareholder litigation often involves minority shareholders who are “squeezed out” by a merger or other transaction. Unlike the “hypothetical, willing” participants contemplated under the definition of fair market value, dissenting shareholders are neither hypothetical nor willing. The fair value standard helps prevent controlling shareholders from taking advantage of minority shareholders by forcing them to accept a discounted price.

3. Going concern value

This valuation term often comes into play with buy-sell agreements and in divorce cases. Going concern value is the estimated worth of a company that’s expected to continue operating in the future. The intangible elements of going concern often include factors such as having a trained workforce, an operational plant and the necessary licenses, systems and procedures in place to continue operating.

4. Valuation premium

Due to certain factors, sometimes an appraiser must increase the estimate of a company’s value to arrive at the appropriate basis or standard of value. The additional amount is commonly referred to as a “premium.” For example, a control premium might apply to a business interest that possesses the requisite power to direct the management and policies of the subject company.

5. Valuation discount

In some cases, it’s appropriate for an appraiser to reduce the value estimate of a business based on specified circumstances. The reduction amount is commonly referred to as a “discount.” For instance, a discount for lack of marketability is an amount or percentage deducted from the value of an ownership interest to reflect that interest’s inability to be converted to cash quickly and at minimal cost.

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

© 2023