o Tax deferred
exchanges: Like kind (1031) exchanges require that you swap property
for replacement property. How long do you have to hold the replacement property
to get the desired result? There is no safe harbor period. The
issue is one of intent. Many cases have held that if the taxpayer intended at
the time of the 1031 exchange to liquidate or dispose of the property
acquired that the exchange won't be respected. If you 1031 exchange a
commercial property for a rental house that will qualify as like kind. Subsequent
behavior is used to determine intent at the time of the exchange. If a short
period of time after the exchange you convert the former rental house into a personal
residence you may taint the required intent at the time of the prior exchange.
This is a fact sensitive issue. Did you have a contract signed before? How much
time passed? Did you really rent the property after the exchange? Was it rented
for an arm's length price to an unrelated person? Fact sensitive, no bright
line rule. In Click V. Comer. 78 TC 225 (1982) as an example, the court held
that holding the property for 7 months and then making a gift of the property
demonstrated that the taxpayer did not have the required exchange intent at the
time of the 1031.
o Property Insurance Review:
When was the last time you had a check up? Mold coverage may be excluded or
limited to a modest amount like $10,000, when a much higher limit might be
advisable. Some homeowner policies limit contents coverage to a percentage of
the structure's value or coverage. For many wealthy homeowners, these limits
are inadequate. Scheduled property such as fine art and jewelry should be
reviewed updated and appraised periodically. Does your policy provide identity
theft coverage? Is your personal excess liability (umbrella) coverage adequate?
Are vacation home, rental properties and other personal land holdings covered?
Do they need to be listed separately? Have you coordinated business and
personal coverage to avoid overlaps and gaps? If you are handling an estate or
trust that owns property (trusts owning personal use assets such as houses and
art are increasingly common) does the policy properly list and cover the
trustees and executors?
o Divorce: If you are
in the process of divorcing, a final conclusion can be a year or longer in the
future. You need to update all of your estate planning documents to name
persons other than your ex-spouse to be as agent. You may need to secure
resignations of your ex-spouse's family as fiduciaries. Old powers of attorney
and other documents need to be revoked. Weigh the cost of using a married
filing separate tax status versus married filing joint. If the amounts are not
too significant, it is better to begin the separation of tax filings earlier
(if an audit occurs in 3 years the entanglements are often not worth the
initial tax savings). If your parents are planning their estates they should
evaluate limiting all bequests to you in lifetime discretionary trusts.