The "Nitti" Gritty of 1031 Exchanges and Opportunity Zones with Tony Nitti, CPA

1031 Exchange Passive Income and NNN Investment Series by 1031 Navigator

Today is a double/combo episode covering 1031 exchanges, opportunity zones, net leased properties, impact investments and advanced tax planning.

Our guest today is writer/speaker/thought leader Tony Nitti, CPA a Tax Partner with RubinBrown. Tony is a regular contributor/writer for Forbes and Tax Advisor and has been featured on Bloomberg, CNN Money, The Wall Street Journal and The New York Times. With over 20 years of accounting and tax experience, Tony holds a Masters in Taxation from the University of Denver and specializes in corporate and partnership taxation, with an emphasis on complex mergers and acquisitions structuring.

The wide ranging discussion covers:

- "If you don't laugh, you would cry" Tony Nitti on covering the US Tax Code - Tax Code is a moving target: It is not enough to know the current law; you need to know where it is going. - Tax Cut & JOBS Act - New Capital Gains Tax Rate? - Will the 1031 and Opportunity Zone legislation stick around? - Why 1031 Exchanges make sense - Why 1031's are part of high end tax planning - can you avoid capital gains tax forever? - common 1031 exchange misconceptions - why deferral is "always" / "usually" the right choice (in most cases!) - what will the rate be when the tax comes to roost? - "To Do OR Not To Do" a 1031 Exchange - why capital gains rates will never be lower than right now - 1031 forever or cash out and pay the tax? - the greatest tax planning tool - death? - what is your true capital gains rate? - Section 1250 Gain - net investment income tax rate - State Taxes! - "I was only calculating Fed!" - Double Digit Rates! - best blended rate to estimate your capital gains tax for your 1031 exchange - Section 199A - 20% deduction - who / what / why - "the bane of every CPA's existence" - Section 162 "Trade or Business" - 199A: NNN property v. NN property - rental safe harbor: 200 hours per year - "investment" v. "Trade or Business" - 199A: Opportunity Zones (45 minute mark) - IRS disconnect of what a triple net lease is really like - IRS Notice 2019-7: Triple Net 199A - "good tax policy does not force you to buy other investments you would not otherwise purchase" - 2025 Sunset of Tax Provisions - "Tread Lightly" Walter White, Breaking Bad - Tax law repeal and the ebb and flow of partisan politics - It is not just where the laws are today but where they will be in the future and trying to figure out where they are headed. - 55 minute mark - changing gears to Opportunity Zones - The differences between 1031 Exchanges v. Opportunity Zones - $4M example - OppZone "hand is forced" to "where" you have to invest. - Tax and Non-Tax considerations - OZ Advantage #1 - take cash off the table; invest gain only - OZ Advantage #2 - able to split / restructure partnerships - OZ Advantage #3 - not just "like kind" property - OZ Disadvantage - gain and tax liability comes home to roost sooner than later... in 2026. At mercy of what the rate is in 2026; not today's rate, tax is at 2026 rate. - investing in a Qualified Opportunity Fund - self-election of QOF - existing entity or new entity - self certification - "not enough time" to go over the common criticisms of the Opportunity Zone program - more money or projects? For OZ's - Tony on Twitter - Location. Location. Location. - Gentrification - debt and refinancing in Opportunity Zones: 2 year rule of thumb - substantial improvement rule - "any" 30 month period wording - Cost Segregation - Tony On Forbes

- Tony on LinkedIn

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Thanks for listening!

Your host, Thomas Morgan, CCIM 1031 Navigator helps investors nationwide find the best 1031 Exchange replacement properties in the shortest amount of time. Our focused expertise, experience and daily triple net NNN market presence enables clients to complete their 1031 Exchanges with peace of mind and certainty. NNN properties provide low risk passive income. 1031 Navigator has been involved with over a billion dollars of 1031 Exchange NNN Properties in over 35 states. 1031 Navigator is a service of Andrus & Morgan Co., a national commercial and investment real estate brokerage specializing in 1031 exchanges into passive income and triple net NNN investments.

For a free, no-obligation 1031 Exchange NNN Property Strategy session for your 1031 Exchange visit: http://www.1031navigator.com

As always, make sure to check with your legal or tax advisor before relying on this information. This is show is for informational purposes only and is provided without warranty. Common sense is the best practice.