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ALERT: 25% Tax Proposed on Sale of CA Rental Properties

March 16, 2022

Just when California rental property owners were hoping for a post-COVID return to normalcy, Assemblyman Chris Ward, D-San Diego, has introduced California Assembly Bill 1771 (AB 1771) which would impose a hefty 25% tax on the capital gain produced by selling a residential rental property within three years of buying it. The tax rate would then decline by 5 percentage points each year until reaching zero after seven years.

Apartments with at least 15% of units that are considered affordable would be exempt.

Taxes collected under AB 1771 would fund a newly created “Speculation Recapture Community Reinvestment Fund” and be disbursed by politicians’ fund to local governments for schools, affordable housing, infrastructure, and transportation.

As written, the bill does not grant any exceptions to investors who buy a property, make improvements, and then sell it. 

Several open issues remain which we are closely tracking including Implications for 1031 exchanges to avoid the added tax burdens. 

We will publish further updates as they become available. 

Next Steps

Our team at First Guardian Group is pleased to help California investors evaluate out-of-state investment options with in-place property management that have the potential to provide both ongoing cash flow and potential appreciation.  

Please contact us toll free at 866 398-1031 or send us an email at info@FGG1031.com for more information.   You an also schedule a meeting on my calendar here

 


Help Save 1031 Exchanges
Write to your Member of Congress and Senators urging them to oppose restricting Section 1031 like-kind exchanges. As part of the American Families Plan, the Biden Administration has proposed eliminating the application of Section 1031 for gains greater than $500,000. Like-kind exchanges have been part of the U.S. tax code since 1921 and are one of the tax code’s most powerful economic tools. It is critical that we all vigorously and visibly oppose this proposal. Make your voice heard with a pre-filled letter, which you can customize to add personal anecdotes or powerful client stories to highlight the positive impact of Section 1031 like-kind exchanges. Take action today by clicking HERE.

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1 Depreciation deductions for residential properties can be more favorable than for commercial properties due to differences in allowed depreciation schedules. Investors who are comparing residential commercial investments should consider after tax cash flows. 

Paul Getty

Paul Getty is a licensed real estate broker in the state of California and Texas and has been directly involved in commercial transactions totaling over $3 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student, and senior housing. Paul’s transaction experience includes buy and sell side representation, sourcing and structuring of debt and equity, workouts, and asset and property management. He has worked closely with nationally prominent real estate brokerage and investment organizations including Marcus Millichap, CB Richard Ellis, JP Morgan, and Morgan Stanley among others on the firm’s numerous transactions. Paul also maintains a broad network of active buyers and sellers of commercial real estate including lenders, institutions, family office managers, and high net worth individuals. Prior to founding First Guardian Group/FGG1031, Paul was a founder and CEO of Venture Navigation, a boutique investment banking firm specializing in structuring equity investments made by institutions and high net worth individuals. He possesses over 35 years of comprehensive worldwide business management experience in environments ranging from early phase start-ups to multi-billion-dollar corporations. His track record includes participation in IPOs and successful M&A activity that has resulted in investor returns of over $700M. Paul holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered financial representative with LightPath Capital Inc, member FINRA /SIPC. Paul is a noted speaker, author, and actively lectures on investments, sales, and management related topics. He is author of The 12 Magic Slides, Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors, and Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST), available on Amazon and other retail outlets.

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