Brett:

Yes, so much. Where are the good, Dan? Well, you're blowing my mind. I'm loving it. I love the way you put that. Am I being too good of a negotiator? Or did the deal not turn? And by the way, you may have thought that it was a fair deal, and probably did, because that's why you negotiated it. But then as the deal went on, like and is a great analogy, renovations are contracting and things can run higher, and things can come on the scene, and although the contractor is holding to that, you don't want to create something where it doesn't feel like it's a win-win for them. Where it felt like we really got the bigger end of the stick, and of course, things change. But then why don't we just change the deal a bit and say, you know what, I know that was that price. But guess what, guys, like, I want this, I want you to feel great about this. I want to be able to count on you, and for the next opportunity that I need you guys because God-like contractors are hard to find. Good quality in guys. Are two by fours. Do you have? Lumber, and so having that ability to, I guess, renegotiate and make it a win-win? Is that a fair summary? What would you say is his key value?

Dan:

Again, as a broker, I mean, let me just look at and show you another learning. As a broker, I often want the best for my client, I'm dealing institution right now with a bunch of very big deals for a great developer client of mine, where I saw the terms and I said to my client, I said, Hey, Mr. client, like, let's push more for a bigger em need to make sure they're serious. He said, then I don't care about the MB, it's a five-day due diligence period, whether it's 30 grand or 100 grand per property, it makes no difference to me. I stopped and said, You know what? He's absolutely right. I don't need to be the best negotiator on something that's not important to my client.

Brett:

We talked about playing the principal versus playing the broker, and one of the things we learned is don't pay the principal. It's your role to, of course, guide and gives options in different scenarios and help them think well, and things that maybe they don't know. But ultimately, it's their decision, what's more, more valuable to them? And then acting on that behalf? Is that a fair summary to Dan?

Dan:

It is it goes the other way, too. Don't play the broker, if you're the principal, I mean, I'm dealing with that right now in my own home purchases, as I got in the transaction, and I'm like running the deal, and I'm like, I'm not the agent. I'm the buyer.

Brett:

Hi, my name is Brett. Hi, my name is Dan. I'm a control holic, and I want to, I want to buy your house. I don't want to brag on you at all, for sure. That's I definitely struggle with that stuff as well. This is really good to hear, and that's also a good point that you're making. You're right, you're not negotiating on your own deal that you're buying. Even though you definitely are capable of doing that you're getting representation, your separation, especially on probably on the primary or something that's the emotions are so maybe higher. Am I reading to that and I missed that?

Dan:

For my own home, I hired a great realtor Bellbrook and thought to sell because I don't want to deal with it. But on my purchase, I wanted to better deal with the bigger house, and I noticed that I'm coming in there, and people notice right away, if you play the broker, as the investor pay, the broker is the buyer. I mean, they're, it's kind of like the red flags go up. Because at that point, I'm going to be even more aggressive. Because it's my own home. It's my own, residents my own money, but you just have to, again, that's why it's so important to pull back, and sometimes that means having a mentor to run things by right but pulling back and checking yourself and saying, what were my principles going into this deal? Was I willing to spend 8000 on the rug or only 7500? And then staying true to those values?

Brett:

Especially moving over from the Commercial Real Estate Broker to the residential role, which is a completely different world, and so, when I first started out it was Keller Williams for a short time and I quickly found out like, I want to be Marcus and Millichap commercial real estate. Then I went to went there, and then when I went back and buying my own house and negotiating, I'm like wow, this is like, I feel like I'm like the Navy Seal, versus, let's just say not Intense. I had to pull back too. I totally read you, Dan. Excellent. Let's shift to the capital gains tax portion of the show. We're focused on the biggest frustration when it comes to Capital Gains Tax Deferral under the 1031 Exchange, and no, you're a triple net expert and have done probably countless centers, we want to changes. However, what's the biggest frustration for you or your clients? When it comes to the 1031 Exchange or Capital Gains Tax Deferral Limitations for businesses cryptocurrency primary homes investment real estate?

Dan:

It's such a good question. For me, as a broker, I'll tell you that probably the biggest frustration is, as a listing broker when I have a 1031 buyer, it sounds great like everyone wants a 1031 buyer because they're gonna pay more they were under the gun pressure. As a broker, I don't really want to turn 31 buyers, because they're probably identifying many properties, and they're probably coming in and offering more than they want to pay because they want to try to lock things up, and there's a good chance that once they lock things up, and they start looking at things are gonna retrade so one of the things that I do as a broker is I need to verify the quality, the capabilities, that the assurity of clothes of the buyers and then presenting offers from to my seller. that's definitely a big frustration, a big challenge, and then on the other end is in this market, it is very challenging to find quality replacement property when you're under the gun. It's a double-edged sword.

That's why you need to work with a good broker is going to help you to number one, negotiate if you're the seller, negotiate and navigate all those potential temporary win offers, and number two, if you're in 1031, you need to have a great broker who's going to not only just scour the open market, but they're going to scour the off-market, they're going to scour in house deals, they're going to call other brokers, they're going to network and do whatever they need to do to add as much value to you. It's interesting, I know that you're a big DSP guy, and DSPs are great. I think there are different applications for different situations, and it's very important for everybody open-minded rakes. As a broker, I will present DSP options to my clients and sometimes say, No, no way. There's no I don't own this property and liquidity and this, but others are like, I didn't even know what that was, and as a broker after doing this, for many years, I didn't even know what it was until someone like you reached out to me, and we sat down and I said, draw this out for me, let's talk about it. Let me bring my client and let's see if it's a fit. At the end of the day, as a broker, it's no pressure sales, okay, as a broker, I am actually an advisor, and if I can present options to my client, and multiple options, then Together, we can make the best decision in terms of what is best for their situation. Being a great advisor means being knowledgeable, not about not only about 1030 ones, but also about things like DSTs.

Brett:

Who else said, Dan? And I have to say we're not in the business of selling real estate around the business or even selling, Deferred Sales Trust, Delaware statutory trusts, or 1031. exchanges. We're actually in the business of solving problems. Yes, take a step back, as he said, and then sit on the side of the table and say, hey, look, first of all, what are you trying to achieve? What are your goals? What are your outcomes? What's the big picture here, and then what tool is going to help you to get there Best Buy, though, we just did a recent deferred sales trust coupled with the Delaware statutory trust was a combo, did another one where it's a partial 1031 exchange, and then a partial deferred sales trust. It's not always one size fits all, it's sometimes a combination of all three, and it's just realizing that it doesn't have to be just 1031, and for those who want to learn more about the deferred sales trust, you can go to capitalgainstaxsolutions.com, and you can learn how it can defer taxes on the primary home, business investment, real estate, cryptocurrency and it can save a failed 1031 exchange without having to identify. But here's the other part of this. Now, I want you to I'm curious, Dan is Biden might take away or limit the 1031 exchange. That basically, my understanding gets rid of the Delaware statutory trust, which is just another form of a 1031. A traditional DST gets rid of the 1031 exchange, obviously, and now you're looking at now, of course, it's $500,000. You can do smaller deals, but essentially one of the bigger deals would be eliminated. But what are your thoughts on that proposal? And what it might mean to commercial real estate?

Dan:

My thoughts are hashtag save the 1031. Because it's such an incredible vehicle for not only real estate transactions, but the commerce of the whole, I mean, think about every transaction has a broker, it has investors, it has appraisers, it has inspectors, and as environmental, it has the title, it has everything, and if we get rid of it, which I really don't think we should, we're going to be dealt with a situation where we're basically disincentivizing people to take that entrepreneurial spirit and to continuously build and buy and build and buy and build and buy. It's definitely very, very concerning. I think that it's just frankly, I think that it's incredibly myopic and short-sighted, and I think that anyone who's watching this should stop what they're doing, and after listening, of course, was a great show. But afterward, go ahead and contact your local legislator, your senator, anybody that's the beauty of being American, is that we have a voice contact them, let them know what you think.

Keep in mind, I'm not a Sky's falling Chicken Little type guy. I do know that the market is being heavily influenced by fear right now. Fear of the 1031 going away Capital Gains Tax is changing, tax brackets changing and typically a market that is motivated by fear that creates market inefficiencies, which does all different types of things for pricing, but it also For its investors and brokers who keep their head down and stick to their principles, as we talked about before, the opportunity to make a lot of money. What I will say is that the 1031 has been around for just over 100 years, it's been on the chopping block before, will it? Will it go away? I don't know. Will it be significant? limited? I don't know. My take is, is it's free commerce is built a small business, build, industry, build e-commerce, and all that good stuff. I hope it doesn't go away. Will we survive If it does? Absolutely. It will brokers still make money and investors make money? Absolutely. Will things change? No question about it.

Brett:

Beautiful Dan. I love the way you put that, and then the other one is to touch on, which might be a whole nother show is the potential elimination of the stepped-up basis, which to me is even the biggest potential hit to American wealth in the history of America, right if it actually goes through, and so do you want to just touch on that for maybe just there's one minute?

Dan:

You want to get me all riled up at the end of the show, I guess. I think that unfortunately, we have this misguided war against the wealthy, which is absolutely ludicrous and ridiculous, and the stepped-up 1031, the stepped-up basis, what it allows you to do is let's say I come in at a million-dollar investment, and over 10 years, I build up another million dollars of equity, and I go to sell it, well, if it was gonna be a regular transaction, that'd be a tax on that million dollars. Again, assuming we've got 1031, then what happens at the end of that transaction is I can 1031 that million dollars. Now I've got $2 million, and it's not just that I have extra million dollars without the tax liability of let's say, maybe 30 or 40%. A million dollars can turn into 706 50 600,000.it's also the fact that I can leverage those savings on that tax deferral through financing.it makes a big difference. Now, fast forward five, or 10 years later, boom, now it's 3 million that's for keep going and going and going, and then the old adage in our industry is 1031 until you die.

Because once you pass away, you should live, everyone should live and be well, but once they pass away, the property now has what you had mentioned a stepped-up tax basis, which means that even though you bought it for $1,000,000.07 years ago, now, maybe you've rolled and rolled and rolled and rolled and rolled 1031 over and over and over again, maybe now it's got you've got eight there's an $8 million dollars, maybe 7 million of deferred taxes. Well, theoretically, if there was no step-up tax basis, when you died, now your heirs will be responsible to pay taxes on that game, the stepped-up tax basis, makes it so simple, that a new heir or new owner can reach out to a broker like me for a complimentary no-obligation value proposal, we will come up with a market analysis and tell that property is not worth a million. Like, what seven years ago, it's worth 7,000,007 point 2 million, 8 million, whatever it is, and now you start that clock all over again. Previous owner 1031 till they die goes to the heirs at a new step of tax basis goes on and on and on and on.

If we get rid of the 1031, and we get rid of stuff of tax basis, it is going to be relatively catastrophic, we will survive we will keep going that's America. That's ingenuity. That's the American way. However, just think about that. Who in the right mind wants to pay more taxes? I sure as heck don't I don't think you do, and I think that anybody who believes that it's good for the economy and good for the country. It's misguided, typically based on many, many studies, no matter what we tax people that there's still always going to be a certain threshold of collected taxes by the government from the US people. I don't know the exact number, but it's surprisingly very low, maybe 15, or 20%.why make life more difficult. I'm a fan of taking the path of least resistance 1031 and stuff. The tax bases are incredible vehicles, and they're not loopholes. These are parts of the IRS tax code section 1031, for example, and they're there to be utilized for the benefit of individual the corporation, the country, the society, period.

Brett:

Well said I agree with everything you said, and also want to add that it's actually really good for the IRS because it's a study of macroeconomics as the money moves, guess what? There are new property taxes assessed on a new property that's been sold. There are commissions paid to brokers like ourselves, there's more commerce, more industry, there's more commerce more industry more value, add more. Actually, there's more tax revenue created from this. They actually the IRS win. It's also why the deferred sales trust is also a winner as well. Because you're deferring taxes. Also, when they have IRAs, 401 K's these are things that are actually a winner. They're not trying to avoid taxes. They're actually trying to spur economic growth, incentivize commerce, which creates more wealth for more people and more tax revenue for the government. We are fast running out of time. So, Dan, I think we're heading back on the show because we've kind of just scratched the surface. I feel like I know you got to run to your next thing. For our listeners who want to get in touch with you, Dan, would you remind them one last time what's the best place for them to find you?

Dan:

You can go to www.danontop.com and danontop.com if you want to propose you click a button right when you land there if you want to talk and book a call if you want more information or be added to our mailing list put it there. If you want to watch our show, you can click there. If you want to see have you on my show one day you can see your episode on our website. Very active on LinkedIn. Dan is my first name last name Lewkowicz L E W K O W I C Z and I try to make myself as available as possible for people to add value. Give me a call on my cell phone at 248-943-2838 again 2489432838 there's anything I can do to add value. If you want to talk shop in real estate, if you're looking for a job, you're looking to build your business, you're looking for mentorship, coaching, anything, anyway I can help. If I can't do it, pretty much guarantee, I know somebody who can and I'd be happy to connect and add value.

Brett:

Dan Lewkowicz, it's been more than a pleasure having you on the show. I want to encourage you to keep adding value to others, networking well, and finding ways to solve these big challenges that are facing people and wealth and brokerage, and all of the above, and again, definitely have Dan back on the show and also want to thank our listeners for listening to another episode of the Capital Gains Tax Solutions Podcast. As always, we believe most high net worth individuals and those who help them they struggle to clarify their Capital Gains Tax Deferral Options, not having a clear plan is the enemy and using a proven tactic rochet such as the Deferred Sales Trust is the best way for you to eliminate the need for the stepped-up basis, the 1031 Exchange also you can create and preserve more wealth, I encourage you to go to capitalgainstaxsolutions.com and see what we are doing to close these deals help our clients and so that you can also be empowered with this information and this strategy. Also reach out to Dan if you're in a 1031 looking for a triple net deal, looking for ways to to sell and buy a real estate. Thanks so much everyone for reaching out or for listening and please share this with somebody. We so appreciate you bye.