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Capital Gains Tax mitigating Strategies 

​When planning to sell a highly appreciated asset, such as your business or real estate, it's important to recognize that taxes can significantly reduce the final. proceeds you receive.  However, with the right strategies and careful advanced planing, you can minimize your tax burden and retain a larger portion of your investment. By taking a proactive approach, you'll be in a better position to keep more of what you've earned and effectively reinvest it in your future goals. 

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Together, we will explore several powerful strategies that could optimize your situation during the sale process. Each approach has distinct advantages, and we'll work to identify the most effective one based on your specific needs. 

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In many cases, focusing on pre-sale planning can yield even greater benefits Thant attempting to reduce taxes during or after the sale. Early, thoughtful preparation can have a significant and lasting impact on your overall financial outcome. 

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Partnering for Success

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​We’ll work closely with your CPA, tax professionals, and legal advisors to create a tailored strategy for your unique situation. With careful planning, we can maximize your sale proceeds and help you retain more of what you’ve worked hard to build.

Intermediate Installment Sale 

The Intermediated Installment Sale is an advanced tax strategy that allows you to defer capital gains taxes while earning a return on the tax that would otherwise be paid to the IRS.  Falling within the IRC 453, a trust is used as an intermediary, mitigating the risk of you holding a note from the buyer.

 

​ Key Benefits: 

 

Tax Deferral: You can defer the taxes for up to 20 years.​

Returns Arbitrage: You earn a return on deferred taxes not paid to the IRS, which may provide additional income over time .

Income Replacement: Replace income lost from​ the asset's sale.​

Inflation Advantage: Use inflation to your advantage. 

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Charitable Remainder Trust (CRT)

A Charitable Remainder Trust allows you to donate your assets to a charitable trust, providing tax benefits while seeking to secure an income stream and a charitable gift.

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Key Benefits:

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Potential to Reduce Capital Gains: You eliminate the capital gains tax at the point of sale.

​Income Replacement: You can create an income stream to replace income lost from the asset’s sale.​

Return on Deferred Taxes: Potentially earn a return on the taxes you did not give the IRS at the point of sale.

Immediate Tax Deduction: Receive a tax deduction in the year the trust is funded.

May Retain Up to 90% of the Asset’s Value: You can receive up to 90% of the asset back during your lifetime.

Estate Tax Reduction: Remove the assets from your estate.

Charitable Contributions: Support a Donor-Advised Fund (DAF) or charity of choice. My office offers illustrations and can help assist in the

establishment of this trust.

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Doner-Advised Fund (DAF)

A Donor-Advised Fund allows the charitably inclined to maximize their tax deductions by “bunching” multiple years of donations into one year. 

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For example, let us hypothetically assume you typically contribute $50,000 annually to various charities and sell your asset for $5 million. You can fund a DAF with $500,000, equivalent to ten years of charitable giving. This creates an immediate tax deduction, helping offset

the sales tax burden. My office can help you illustrate this benefit. Remember, you control all your charitable donations when using a

Donor-Advised Fund.

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Qualified Opportunity Zone (QOZ)

Investing in Qualified Opportunity Zones can provide potentially significant tax incentives for selling assets with capital gains while contributing to the development of economically distressed communities.

 

Key Benefits: 

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Deferral of Capital Gains: Capital gains tax on the sale of assets can be deferred until December 31, 2026, if reinvested in a QOZ.

Reduction of Capital Gains: If the QOZ investment is held for at least five years, investors can exclude 10% of the deferred gain. If held for seven years, 15% of the gain can be excluded.

Tax-Free Growth: If the investment in the QOZ is held for more than ten years, any additional gains on the QOZ investment itself can be excluded

from capital gains taxes.

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*Suitable for accredited investors only. 

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Oil and Gas Exploration 

Investing in oil and gas exploration offers substantial tax advantages, particularly in high-income years. Depending on the nature of the deal, you can generally deduct up to 90% of the investment, making it an

attractive option for those facing a large tax bill. 

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*Suitable for accredited investors only.

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Pay The Taxes 

While not always the most tax-efficient option, sometimes you may prefer to pay the tax and move on with your life. Paying the tax outright remains an option for those who do not want to use more complex taxefficient strategies. This is not my favorite strategy.

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Pre-Sale Trust Strategies  

Proactive planning well before selling the asset could reap potentially significant benefits if you plan to sell your business or real estate in the coming years.

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I can help you explore the different trust strategies that have the potential to offer substantial benefits:

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Early implementation: Establish trusts well before the sale to maximize potential tax benefits.

Potential income tax reduction: In states with income and capital gains tax, there could be a reduction in your annual tax bill.

Estate tax mitigation: Properly structured trusts can remove assets from the taxable estate, potentially reducing future estate taxes.

Gift value discounting: Some trust structures allow for discounting the value of the gifted asset, effectively stretching the lifetime gift tax

exemption further.

Enhanced capital gains tax flexibility: Certain trust arrangements may offer opportunities to reduce or defer more capital gains when the asset

is ultimately sold.

Strategic Planning: We can better design a holistic strategic plan for you and your family by addressing these issues early.

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Michael H. Tootle, Esq. has a license to sell insurance. Securities and advisory services are offered through Centaurus Financial, Inc., Member FINRA and SIPC, a Registered Investment Advisor.  Supervisory Branch: 2300 East Katella Avenue, Suite 200, Anaheim, CA 92806 Phone: (714) 456-1790.  H.T. Young Wealth and Centaurus Financial, Inc. are not affiliated.  Both H.T. Young Wealth and Centaurus Financial, Inc., do not offer tax or legal advice.  This message is intended for residents of the United States of America in certain States only.  Please check with us to ensure we are registered in your state. We are proud to be a Broker’s Check registered financial advisor firm.  FINRA’s BrokerCheck. The information in this material is not intended as tax or legal advice. Please consult legal or tax professionals for specific information regarding your individual situation. Some of this material was developed and produced by H.T. Young Wealth to provide information on a topic that may be of interest. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. We take protecting your data and privacy very seriously. We do not sell or share your personal information.

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