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Graham Stephan
You know that one friend who somehow knows everything about money? Yeah. Now imagine they live in your phone.
Carlton
Say hey to Experian, your big financial friend. It's the app that helps you check your FICO score, find ways to save.
Graham Stephan
And basically feel like a financial genius.
Carlton
And guess what?
Graham Stephan
It's totally free. So go on, download the Experian app. Trust me, having a BFF like this is a total game changer.
Carlton
The one big beautiful bill. He's signing the bill.
Graham Stephan
Who's gonna lose the most from the big beautiful bill?
Carlton
The uneducated are always the losers. Because if you don't know that the tax code is a game, you will get left behind and you will always end up tipping Uncle Sam. The most common mistake people make is they make money, pay their taxes, they never try to figure out ways to save, reinvest, or utilize the government system to their advantage. But this is an opportunity for everyone to get educated right now and to gain control of their financial future. For anybody that wants to build their wealth, you can take advantage of the tax code by following the government's rules.
Graham Stephan
So what if so few people know.
Carlton
About these strategies because the wealthy do not want to share the secrets. If everybody knew about this tax strategy, I don't think anybody would be paying taxes. And I'm serious.
Graham Stephan
So this is a podcast that I've really been looking forward to because I'm a nerd when it comes to taxes. For years I have made tax videos on YouTube. I talk about taxes nonstop. It's all I think about.
Carlton
Yeah.
Graham Stephan
Is the tax system rigged for the rich?
Carlton
It is rigged for the rich. Yes, it is, absolutely. If you're wealthy, you have more options. And I think if you're lower income, you have less options. And most people that are lower to middle class typically are working for somebody, so they're limited on the amount of deductions they can take. As you approach business income, you increase your your wealth, you start to qualify for deductions, exemptions, and tax credits that can offset your tax bill.
Graham Stephan
Is this ever meant to be something that's fair or is this just the way it is? Because I look at this in one sense. Yeah, like rich people get these huge advantages that everyone else doesn't get access to. So if you're self employed and you make $1 million a year, the options to reduce your income are limitless.
Carlton
Yes, that's correct.
Graham Stephan
But on the. You have, I think it's like the top 50% of taxpayers pay 97% of all the taxes.
Carlton
Yeah.
Graham Stephan
So they're the ones paying the most into it. So it makes sense that they get the most out of it, dollar for dollar.
Carlton
Yeah, the middle class pay the highest tax rates, bro, and the top earners pay the least amount of taxes possible. But you have to realize that the top earners are spending the most amount of money and they're doing what the government wants them to do. They're investing in oil and gas, they're investing in renewable energy, and they're investing into rental real estate, providing affordable housing. So they get the massive amounts of tax and paper losses that offsets their active forms of income.
Jack
So how much of the incentives, credits, deductions, etc that the government offers these wealthy entrepreneurs and business people is because of like a utilitarian perspective that they want to like boost the economy versus being like a buddy buddy thing because like money and politics are usually intertwined.
Carlton
I think what it is is that the government understands that they can't provide everything for the everyday taxpayer. They can't provide affordable housing for everybody. They can't provide gas for everybody and cover everyone's stu stove and car gasoline. So they're going to partner with business owners who are going to go and drill holes in Texas and business owners who are going to buy commercial properties and provide affordable housing and create tax incentives because they understand that they can't do it all. And so if you're somebody that has more access to money, you're going to be able to play in this arena of investing into oil and gas, investing into real estate, investing into EV and solar energy and you get to benefit the most. But if you're lower, lower income, these opportunities you don't even hear about, all you hear about is 401k and possibly buying a home and writing off property taxes and having a child tax credit.
Graham Stephan
So how do you learn about all of this? Like what certifications do you personally have to get to keep up to date on all of this?
Carlton
So I have an enrolled agent's license, which is different than a CPA license. A CPA typically goes to school to study accounting. They normally get a bachelor's degree in accounting and then they go directly into filing tax returns. That's what 99% of all CPAs do. Enrolled agents pass three different tests, an individual test, a business test, and an ethics test. Which means we primarily study just tax code and consulting around how to leverage the tax code. So when it comes to write offs and how many deductions you can take or which deductions to take, an enrolled agent is pretty optimized. To be able to help you, whereas a CPA may not be able to play in that arena. But when it comes to filing your tax returns or doing bookkeeping and accounting, CPA all day got your back. And that's the person you want signing on the tax return.
Graham Stephan
So what if so few people know about these strategies?
Carlton
Very few people know about tax strategy because the wealthy do not want to share the secrets. It's not until you get into these rooms to where they're starting to tell you what's possible. And this is just from experience of what I've known. I knew that when I was building my wealth, I didn't have access to all the information that I have right now. And it's because people weren't sharing this information at my. At my dollar amount. If you're talking to people that are making 150 to $200,000, you might be talking to people that are just taking a home office deduction. You might be talking to people that are just riding off a car or a cell phone. But you start jumping up to people that are making a million to $5 million a year. You're seeing different things on their tax returns. You're seeing oil and gas, you're seeing investments. And these things create deductions. And they're also incentives inside of the tax code that the government wants you to do. So the conversations start to change the higher your income increases.
Jack
So we've all heard of the trope about the billionaire that pays $0 in taxes. Is there any way that the average person can pay $0 in taxes?
Carlton
You can pay $0 in taxes if you want to give money away. But most people aren't going to side on that table. They're going to say, hey, how do I keep money inside of my pocket? So the only way that you're going to be able to pay 0% in income taxes is if you have enough deductions or losses that are working against that active forms of income. And for me, I'd rather have a business or rental property that creates those deductions or losses.
Graham Stephan
Do you ever think it's possible to get rid of the tax code entirely? Just like no taxes? Trump has been talking all the time about like, we just do tariffs. Come back to tariffs.
Carlton
Abolish the irs or just even a flat tax.
Graham Stephan
I would love just a flat tax. Across the board. Everyone pays 15%, no matter how much it's 15.
Jack
Here in Vegas, it works out beautifully. We just have these casinos, and then the people that come and they visit, they Stay, they pay a resort fee. They. They fund the city of Las Vegas, basically the entire state of Nevada, because they like to go, and they like to spin the slot machine and they like to go put some money on the roulette table. It's so nice. As a resident here, is anything like that possible on a bigger scale in the United States?
Carlton
I don't believe at this current juncture, America's in a lot of debt. We believe we collect some of that from tax revenue from our taxpayers. But most importantly, we only have a few states that don't tax us. Most states rely on tax revenue to run. If you're asking me, can we completely abolish federal taxes, that's a conversation I would like to entertain. Because originally, United States was not ran off of taxes. We ran off of tariffs and excise taxes. We collected things off of goods, tobacco, things like that, alcohol. I would love it if we could have a flat tax, maybe a 15 or 12%. Just flat tax across the board. But that's a big stretch. What Trump has done is he is reaching for the stars by saying, let's completely abolish the irs. But what did we land on? The big beautiful bill we landed on him being able to keep his Tax Cuts and Jobs act that he incorporated in 2017. And now he. He extended that and made that permanent. Hey, I want to make sure that those tax rates don't jump back up to 39%. We have a 37% federal tax rate, but if we go back to 2017, bro, we were paying 39 in federal taxes. Pretty insane.
Jack
To a layman, though, going from 39 to 37, it's kind of just like. I mean, it's not like, for all of the talk that people have been doing about cutting taxes, Republicans are going to slash taxes and we go down 2%.
Graham Stephan
But it's not just that, though. It's. It's every little tax bracket in between.
Carlton
It's every tax bracket in between. You had 39% go to 37%. You had 35% go to 32%. You had 30% go to 28%. Now we have a 22% tax bracket instead of a 25% tax bracket. We have a 12% instead of a 15%. We have a 10% instead of a 12%. And they extended the tax brackets. So instead of you jumping from the 12% up to the 22% after you made 150,000 and maybe a 200,000, so he extended your ability to get taxed at a higher rate and lowered the tax rates at the exact same time. But what he also did is he increased deductions across the board, primarily the standard deduction. The standard deduction is a deduction that you're given just if you breathe and make over $12,000, you get to take the standard deduction. In 2017, he increased the standard deduction from 6,000 to $12,000 for single individuals and from 12,000 to $24,000 for married couples. So if you're a married couple, you get a $24,000 deduction. Back in 2017, as a part of his Tax Cuts and Jobs act, he also incorporated adjustments for inflation. So now that we're here, in 2025, that standard deduction is 31,500 DOL. It was back in 2017. That's for married filing joint. And if you're single, it's $15,750.
Graham Stephan
So what does the average person stand to gain or lose from the big beautiful bill?
Carlton
The average person. And when I say average, I want to make sure that I say that correctly. The medium income in the United States is right around $70,000. So the average person is going to see an increase in the amount of wages that they take home every single year because of the big beautiful bill, the extension of the Tax Cuts and Jobs act, the increase in the standard DED and the increase in the child tax credit. If you have a child, you went from claiming $2,000 to getting a $2,200 credit, and that's a refundable credit at least up to $1,700.
Graham Stephan
Does that incentivize people to have a whole bunch of kids? Like, what's to stop someone, hypothetically speaking, from having 10 kids and now just claiming, Is there a limit to how many kids you can have?
Carlton
No, there's not. You can claim the child tax credit based off of how many children you have, and it's $2,200 per child. And the reason why I like this is because we have seen less people having children here in the United States. And I think Trump has made that very known. As his presidential campaign insinuated that he wanted to change tax rates for the child tax credit when he increased the child tax credit to 2200. He also came out and said we need to have more children. He said that. What that means to me is, is that people that are in the lower to middle income will be receiving more refundable money, which in return makes them want to have more children.
Graham Stephan
So who benefits the most from this bill on A high level.
Carlton
The wealthy. Absolutely. There's. There's no way around it. The wealthy will benefit the most from the big, beautiful bill.
Graham Stephan
Well, let's talk about one of the most popular ones, which is the no tax on tips. Could you explain this?
Carlton
Yeah. So we were going back and forth around, are we going to have no taxes on tips? Are we going to have no taxes on over overtime? And what we settled on is we get to deduct up to $25,000 of tips. So if you're receiving t income, like a lot of people do here in Las Vegas, you get to deduct up to $25,000 on your federal tax return, not on your state tax return. And it doesn't include payroll taxes. But that's a $25,000 deduction. The only issue is it's only if your adjusted gross income is $150,000 or less. It phases out after that. 150,000 if you're single, 300,000 if you're married, filing joint. But when you look around the United States, I don't know if you guys have seen this. We have entered into a tip culture. I mean, every time I go to the gas station, every time I go grab a smoothie, somebody's asking me to tip. 10, 15, 20%. America and its taxpayers live off of tipped income. This is a huge benefit to them. Being able to deduct the money that you're earning in TIPS is very, very awesome.
Graham Stephan
And that includes credit card transactions, right?
Carlton
It does include credit card transactions as well.
Graham Stephan
And is there any way for, let's say, Jack to structure his income as a tip? I've just.
Carlton
I think a lot of people are right. How do I structure?
Jack
Yeah. Netsuite and Oracle, the sponsors of this podcast, if you could just send it to me at as a tip, you know, like, I could invoice you and then have like a 10, 15, 20%, you know, at the bottom.
Carlton
That would actually.
Graham Stephan
Yeah, I know it has to be voluntary, but who's to say it's not a voluntary. Can I tip myself? Can Jack tip me?
Carlton
I believe.
Graham Stephan
Can I tip Jack? How does this work?
Carlton
I believe a tip comes directly from a consumer that's buying your product or service, and it would be very difficult to tip yourself. And I don't think that's the intention of how the code was written. However, the ability for you to be able to deduct that $25,000, it's based off of you earning revenue, reporting the revenue, and then getting a deduction based off of what you reported. So it's not that you're not reporting the tipped income, it's just that they're giving you a deduction for the tipped income. It's not that it's not taxed. You're still going to pay taxes on it. You just get to take a deduction for the tipped income that you receive. And this also includes overtime pay. So if you're receiving overtime pay, you get to deduct $12,500 of overtime pay if you're single, 25,000 if you're a married filing joint.
Graham Stephan
So I saw a study on this recently that 8% of hourly workers get overtime and it was only 4% of salaried workers get overtime. So the vast majority of people, more than 90%, this doesn't apply to them.
Carlton
That's correct. Yes.
Graham Stephan
It seems like a big promise or a big headline to be like, yeah, no taxes on overtime. But when you really get down to it, it's like so few people will apply for that. And then of that it's capped pretty low based on the overtime. And then it also expires in 2028. Is my understanding, incentivize more people to.
Jack
Work longer hours though.
Graham Stephan
Do you think it's actually going to.
Jack
I think for a small percentage you will realize intuitively, Intuitively I don't think like a large swath of people will be like, I'll work overtime now because I'm not, you know, I had the deduction. But I do think it will make a small.
Graham Stephan
What's the benefit for the employer? Because my understanding is a lot of employers will, will really like want you to, once you, once you get to that overtime pay, like they'd rather just bring someone else on at that point to take over the hours.
Carlton
This is the part that I, I was really looking for. It doesn't really position it well for the employer. Really positions it well for the employee. The employer is still going to have to pay the payroll taxes and still report it. So you're still going to pay the wages and the payroll taxes on the overtime pay. The benefit though is that you're retaining key employees because your key employees that are working overtime are also benefiting from the fact that they get to deduct a percentage of their overtime pay. 12,500 if they're single.
Graham Stephan
Yeah, but they could do that anywhere, like wherever they work. If they're going to work overtime. Yeah, they might make more just getting a higher paying job, working for their competitor and getting another offer.
Carlton
But it's another way to build wealth. If I'm able to deduct the overtime pay against my federal income because now I'm increasing the amount of, amount of money that I get back in the form of a refund.
Graham Stephan
So is there any way that Jack could pay, could pay himself overtime?
Jack
There's an income limit, correct?
Carlton
Yes, yes. If you have over 150000 adjusted gross income, it starts to phase out. That's correct. You don't, you no longer get to deduct overtime pay. But what you could do is position yourself to have a salary and then give yourself a percentage.
Graham Stephan
Yeah, there's always something.
Carlton
Yourself, a salary and then work overtime. You're clocking in and clocking out. Yeah, absolutely.
Graham Stephan
Let's say you're doing that, but then you're getting a distribution from an S corp then, then it, then it phases out anyway.
Carlton
Yeah, that's correct. That's correct. Because that counts as income.
Jack
Who stands to lose the most from the big beautiful bill?
Carlton
The, the low to middle income class. And when I say low to middle income class, I'm talking extremely low income. I'm talking 45000 and less. They may actually see an increase in how much they pay in taxes. But you have to realize a lot of these people that are, are extremely low income are relying on various different tax credits like the Earned Inc. American Opportunity tax credit tax credits that were essentially set up for people that are extremely low income. Trump is trying to get the lower income people off of any type of government subsidies or any type of government credits. And so the people that are going to benefit the most are good people in the middle class that are right over that 50,000 all the way up to millions. And then the people that are going to benefit the less are people that are making right under 48,000.
Jack
So my understanding is a lot of those like social welfare programs were getting cut like Medicare. There's a lot of money that's being cut out of that and that's why it's affecting. Although everyone's brackets are going down and the percentages are going down, the people that do rely on those, those welfare programs, they're going to lose a lot of that funding. So technically speaking, like they're getting helped in this way. Yes, but hurt disproportionately in this way. So the net is that they're being.
Graham Stephan
But you know what, but that's assuming they don't comply with work requirements and check ins. That's my understanding is that with a lot of these cuts there are requirements of now having to work a certain amount of hours or a certain amount of check ins or that is being applied to receive those benefits. So if they comply with that, their benefits aren't going down. I could be mistaken. I don't know if you know more on this than I do. That's my understanding on it.
Carlton
It's not a whole lot of details yet coming out to light in the big beautiful bill that I've read on that on that case. But I would, I would determine that if I'm an employer, I would want to track absolutely everything. Why wouldn't I? I wouldn't want to overpay. So I would, I would want to see more information around that.
Jack
So we've talked to countless entrepreneurs on this show, but one thing we haven't really covered is how do you actually get started? Like where do you even go? How do you actually set up an llc? What's the first step? Well, if you're asking yourself those questions, I have great news for you because we've actually partnered with Busy to sponsor this episode and I've actually used them myself. And I gotta say, it was incredible. Setting up my LLC took less than 10 minutes. And I gotta say, like the best thing was just knowing everything was getting done properly and professionally. And I was honestly just so shocked at how easy it was.
Graham Stephan
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Jack
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Graham Stephan
The other big one I'm really excited about is the $40,000 salt cap deduction.
Carlton
Oh man, that's a huge one. It is for a lot of people.
Graham Stephan
In high income tax states. California, New Jersey, New York.
Carlton
Yes.
Graham Stephan
Saving a lot of money.
Carlton
Yeah, it is. Because most people that live in high tax states, we pay a bunch in property taxes, but we also pay a bunch in state taxes. SALT allows for you to deduct state and local tax. So if you live in a city like New York, you pay a local tax to live in Manhattan and then you pay a state tax to live in the state of New York. You could pay upwards to 13, almost 14% if you're living in the city of Manhattan and in the state of New York. Right. What if you could deduct your property taxes and your state taxes? Well, before this big beautiful bill, you only used to be able to deduct $10,000. Think about how many people were paying so much in property taxes that weren't able to write that off just with this small little increase to 40,000. You have now California taxpayers and New York taxpayers and all alike being able to deduct their property taxes and their state taxes, reducing their overall taxable income.
Graham Stephan
Phasing out of $500,000 a year.
Carlton
Phasing out at $500,000 a year.
Jack
So you're saying you're taxed state and locally first and then that amount is deducted from your federal tax?
Carlton
That's correct. So if you're living in the state of California, you're going to pay into state taxes and file a state tax return.
Jack
But it doesn't really help out people living in Nevada.
Carlton
It does not property. It does property taxes because it allow for you to deduct your property taxes. Instead of 10,000, you now get deduct up to $40,000 in property taxes. So it does help out homeowners.
Graham Stephan
What are the arguments for and against this? I see some people, and I've mentioned this in my video, really against it, that they say that they shouldn't be subsidizing states like California because it's taking federal income tax away.
Carlton
Yeah.
Graham Stephan
When California want mismanage or spend a lot of money, they get the deductions. That doesn't go to the federal level. What, what are your thoughts on that?
Carlton
I like it. And the reason I like it is because we saw what it was like as tax professionals prior to Trump coming into office. In 2017, I looked at tax returns where I saw California homeowners writing off $100,000 in property taxes and state taxes, $200,000 in property tax and state taxes. In 2017, when the tax Cuts and Jobs act got passed, I saw people write in checks for the very first time. I saw people stop taking vacations. I saw people stop investing so much money because their homes were viewed as less of an asset. Now because it didn't provide as much tax savings anymore. So if you're asking me how can we really help the nation, I love the idea of being able to increase it. A small amount to $40,000 still allows for people to live in those high income states and benefit some. And in return for those of us that you know, still have to pay proper taxes, because I know that property taxes suck, even though you pay off your home, you start to pay property taxes. I want to be able to deduct more of that then.
Graham Stephan
Now on the salt cap though.
Carlton
Yes.
Graham Stephan
Why aren't more people doing the salt cap workaround?
Carlton
What do you mean?
Graham Stephan
Explain that.
Carlton
When you say the salt workaround, what do you mean by that?
Graham Stephan
It's where you're able to deduct a hundred percent of the state and local taxes through an LLC or an S.
Carlton
Corp. Oh, if it's a business property. You're talking about if it's a business property.
Graham Stephan
No.
Carlton
What do you mean?
Graham Stephan
Not if it's a business property. If, if you are self employed in a state like California and you're paid through an S corporation, your S corporation can pay your state taxes for you. And that credit.
Carlton
Yeah, yeah, you're talking that. That applies in certain states. That applies in certain states. Not all states apply. That. Is that what you're talking about? The AB150 law where I can pay my state taxes up front and get a credit on the state side when I go to file my tax return?
Graham Stephan
I thought over 30 states have issued guidance on that and the IRS has approved those strategies.
Carlton
I love that. Well, okay, prior to this year There was only 11 states that were offering that. So if they increase.
Graham Stephan
I thought it was, I thought it was 30.
Carlton
No, it was only 11 states that were offering that. I mean New Jersey was one of them. California was the biggest, obviously. And it's called the AB150 law. So just to explain this to everybody, if I'm an LLC or an S corporation owner, I have a flow through entity. I can choose to pay my state taxes upfront this year in 2025 and get a federal tax deduction based off the amount of state taxes that I estimated that I needed to pay. And then when I go to file my state tax returns come 2026, I'll get a tax credit to the amount that I paid in 2025, which I deducted on my federal tax returns. What this does is allows for taxpayers that live in high income tax states to be able to reduce their amount of taxable income because they're paying such high taxes in high tax states, but simultaneously get a credit so they don't have to write a check in when they file their tax return.
Graham Stephan
So if someone's making a few million dollars a year through a pass through entity like that, they could essentially deduct 100% of their California state taxes by doing that?
Carlton
Yes, they can. Can. Yes they can. And you need to make sure that if you want to deduct it, that you pay the state taxes in the year in which you claim the AB150 deduction. The election to claim the one AB150 deduction in the state of California I believe is June 15th. If you did not make that election, you missed it.
Graham Stephan
Why do so few people know about that?
Carlton
Cuz most CPAs spend a lot of their time traditionally filing tax returns and then when they get past tax season, they go on vacations and they come back and then they file extensions and then they enter into tax season again. Most CPAs don't have the time to educate taxpayers on how to leverage the tax code because they're focused on filing tax returns. That's how a traditional firm is set up. If you think about how a CPA makes their money, they want as many clients as they possibly can to file returns for with as little communication as possible so they can get that work product delivered. So if they're taking time away from filing returns to educate taxpayers and to do consulting and to formulate strategies, it shifts their business model entirely.
Jack
So tell us also about this Trump account that people have been talking about.
Carlton
This is pretty cool. Trump decided that he is going to come out with the Trump account giving children a thousand dollars from the moment they're born, funded by the government. And if you just don't touch this account, by the time you're 59 and a half, you should have somewhere close to a million, if not more in the account. Just off of $1,000. At least that's what analysts are saying now. Can your parents contribute to that account? Absolutely. You could put $5,000 in every single year for your child. That's $6,000 tax free for your children.
Graham Stephan
But now here's the counter to that. My understanding is that you had to cash out of it by like 30 something.
Carlton
There's a threshold on this.
Graham Stephan
I believe there was a threshold when I was doing research on it, I believe there was a threshold where if you didn't spend it on qualifying expenses, which could be starting a business, first time, home purchase or education, it cashed out at a certain Level.
Carlton
Okay.
Graham Stephan
And that would, that would cashed out as ordinary income instead of long term capital gain. And so my argument, and I could be mistaken because there were so many changes that went from the House to the Senate.
Carlton
Yeah.
Graham Stephan
My understanding is that it's better for parents just to make a taxable account for their kids and contribute to that on their behalf because they're going to be in a 0% tax bracket anyway for long term capital gains. So instead of the Trump account's worse because then they're going to be paying taxes that.
Carlton
Correct.
Graham Stephan
Versus if they are 16 years old and they cash out out like 50000 bucks in long term, they're going to pay nothing anyway.
Carlton
They should open a Roth IRA for their children and just put money into a Roth IRA. Put $6,000 away for your children every single year.
Graham Stephan
That's what put them on payroll some way. Pay them something. Pay them for doing chores.
Carlton
If you put them, if you put your child on payroll, you can pay your child up to 15, 750 without your child needing to file a tax return. That's a 15, 750 deduction. Then from the 15,000, 750 you could take 6,000 of it and stuff it into the Roth IRA money that neither you or the parent paid taxes on. And that money is growing tax free. Yeah, that's it. Absolutely be the mission for families.
Graham Stephan
Here's another one that a lot of people are looking forward to. The $10,000 write off for automobiles.
Carlton
Yeah, yeah. You get to deduct the interest on the loan for an automobile. I think this is pretty awesome because taxpayers in the United States have, you know, been kind of screwed out of some of the auto deductions. And so now if we have a loan on a car, we get to deduct it as long as it's a personal vehicle. If it's a business vehicle, you're already being able to deduct your interest and payments.
Graham Stephan
Makes sense because if you could deduct mortgage interest right after the first 750, it would make sense that you could deduct auto interest after the first whatever.
Carlton
Absolutely. I'm super glad that they brought this. This was Trump wanting to, you know, incentivize taxpayers to get into more automobiles. What he also did was he repealed the EV mandate as well. That's something that I know is a big topic that Elon's probably a little bit upset about. But we no longer get tax credits for invest investing money into green energy automobiles. If I buy a Tesla, I used to be able to get almost a 7, 500 credit. If I applied for it on time, that credit's disappearing. And if I used to, if I put solar on my home, I used to be able to get a tax credit up to 30% of my expense. I no longer get that tax credit after 2026 or after 2025. So EV and renewable energy tax credits are absolutely going away.
Graham Stephan
That one I'm mixed about in terms of my feelings because on the one hand I think why on earth should they subsidize all of these EV products and basically just give you free money? I mean they're, they're artificially driving up prices and demand for these products just by throwing money at it, by saying like, hey, if you buy this, we're going to pay you to go and buy that. Yeah, I think that's healthy. But on the other side, I, I do see it as a good thing to, to Sometimes you have to push people towards something that might be better in the long run.
Carlton
Yeah.
Graham Stephan
Like driving a Tesla and you know, less reliance on fossil fuels and gasoline.
Carlton
And I feel like Trump is on the side of the fence of he doesn't know whether or not EV and renewable energy is. If going green is actually helping the United States. I don't think he feels like buying a Tesla or, you know, us leaving those used batteries in a junkyard is actually helping the United States. He doesn't have the data yet to determine is this helping us or not. So instead of making everybody by 2030 to have an electric vehicle, I want you to be able to have a choice. If you want to drive electric, drive electric. If you want to drive a regular gas car, drive a regular gas car. And so him and Musk having this feud is actually kind of weird because it's always been his initiative from the onset to do this.
Jack
One of the biggest things out of this, this bill is bonus depreciation.
Carlton
Yeah.
Jack
Who stands to gain the most and who stands to lose the most for this being extended?
Carlton
Yeah.
Graham Stephan
Explain that. For people who have no idea what bonus depreciation.
Carlton
So bonus depreciation allows for you to take a year, one deduction or write off on a qualified piece of equipment or a vehicle. We see a lot of business owners utilizing bonus depreciation when they buy vehicles that weigh over 6,000 pounds or the gross vehicle weight ratio weighs over 6,000 pounds. So self employed business owners stand to gain the most out of bonus depreciation being back at 100% and it's permanent this time. We don't have to Worry about it going to 80, 60, 40, 20, that's that game is completely over. You go into Mercedes and you want to buy a G wagon, you can put your $10,000 down payment down. If that vehicle is 100% business use and it's being used 100% business, you're writing off that car whether it's a hundred thousand or two hundred thousand dollars, even though you financed it. That's very awesome for business owners. They get to leverage debt to take tax deductions. But in the real estate space, we also get to utilize this in the form of cost segregation studies. So if you're a real estate professional or if you're running a short term rental, you can perform a cost segregation study, create this paper loss and hopefully you'll be able to use that paper loss to offset W2 or 1099 income.
Graham Stephan
I was just thinking about your house Jack. You could bonus depreciate that warehouse.
Carlton
Yes, we did say that. If you're buying a house Jack, you could look at what's called the self rental strategy. So you're self employed. I'm assuming you have an LLC or an S corporation. If you buy this new facility and use it for content. As long as you own the new facility 100% yourself and you own your LLC or S corporation 100% yourself, you can make a grouping election to group in this activity of you running a studio. It's an active business that you'd be running a studio out of with your active LLC or S corporation that you're doing content media with. Now you can use the losses from a cost segregation study of a house that you purchase for content, studio, warehouse, et cetera, et cetera to offset the active forms of income that you're earning from your S corporation. This does not require you to spend 750 hours, does not require you to manage the property for a hundred hours. Why? Because you're already active and materially participated inside of your S corporation.
Jack
So I can can accelerated depreciation something that I like a warehouse that is on my. That is.
Carlton
Yes, that's what I was trying to say. I didn't know if that was possible.
Jack
Because I didn't know I've had to like qualify as a real estate professional to that because it's a piece of real estate.
Carlton
Right. I'll be honest with you, I don't think I've ever talked about that tax strategy on Instagram or Facebook or YouTube before.
Graham Stephan
It's the biggest one for real estate investors.
Carlton
I normally keep the self rental strategy like with my clients, for sure.
Jack
Okay.
Carlton
So.
Jack
All right, so I, maybe we have a little. I want to show you the property. We could have a little conversation.
Graham Stephan
Well, now that you're talking about. About it.
Carlton
Yeah.
Graham Stephan
Break that down a little bit further.
Carlton
Yeah.
Graham Stephan
How could I utilize this?
Carlton
Yeah.
Graham Stephan
Let's just say I'm making YouTube videos all day.
Carlton
Yeah.
Graham Stephan
What do I do?
Carlton
Okay, so if I'm making YouTube videos all day, I can take a home office deduction or I can choose to go have a studio space. Right. I could rent a studio space or I could buy a studio space. If I'm buying a studio space, I'm going to be running an active business inside of that studio space. It's not like I'm, I'm renting out to another tenant. I'm renting out to my active business. So what I do is I create a grouping election called a dash four grouping election force. Under code section469.4, you can make a grouping election with an active property that you own and an active business. The deduction comes when you decide to perform the cost segregation study. All that a cost segregation study is saying is that I'm just going to separate the cost of the structural and non structural and write off the non structural in a quicker amount of time. When that loss shows up on the tax return, it's considered a non passive loss. Same thing with your S corporation income. That's non passive income. So it flows through to offset your K1 income on your individual tax return return.
Graham Stephan
But I could do that anyway, regardless of who I rent the property to. So if I'm buying a warehouse and I move in and I pay myself 10,000amonth.
Carlton
Yes.
Graham Stephan
I'm getting the same write off as though I just rented it to a tenant and 10,000amonth. So either way I'm getting the same write off. But this one I'm just moving in and paying myself, Right?
Carlton
Correct. Do we like that one? Sure. I love that strategy too.
Graham Stephan
My, my only thing is that it doesn't matter who you rent it to, which could be a, a, a plus or a minus.
Carlton
Well, if I'm renting it to another party, the IRS says that. Okay, so now that this property is passive in nature, show me that it's active. The only way you can show me it's active is if you're running a short term rental strategy where the tenant is staying in the property for seven days or less and you're managing it a hundred hours and no one manages the property more than you or you qualify as a real estate professional. So if you don't qualify as a real estate professional, you're not running the short term rental strategy. Then your only other option is a self rental, which means you have to rent it back to yourself itself. And in order for you to make that election, you have to group that LLC in with your S corporation on the tax return.
Graham Stephan
Okay, but then what you're saying is that. Let's just say I get bonus depreciation and that's $500,000 upfront.
Carlton
Yes.
Graham Stephan
If I rent it to a tenant.
Carlton
Yes.
Graham Stephan
They would pay 120,000 a year.
Carlton
Okay.
Graham Stephan
And so that means I'd get four years basically of a tax write off with a tenant. Or if I moved in and I pay myself, I could get that whole $500,000 write up because I'm renting it myself.
Carlton
That's 100 active part of the business.
Graham Stephan
So that's the benefit is I claim a hundred percent year one versus spreading it across my rental income from the property over a few years.
Carlton
Well, if you're, if you're doing a cost segregation study, you're not going to take all of the depreciation year one. You're only just going to take that structural part as year one deduction or sorry, non structural part as year one deduction. All the structural part still remains in that 27 and a half or 39 year would say 60% of all real estate is typically structural. So you're not going to be able to accelerate that. But about 40% is non structural of which you can claim as a year one write off with bonus depreciation. So if I have a million dollar building, I could be looking almost at $400,000 in a year one deduction.
Graham Stephan
Hypothetically. Hypothetically, what happens if Jack, as it gets married, he's an owner user, he takes it back, the iced coffee hour moves somewhere else else. And now him and his wife get that $500,000 capital gain exclusion. Does any of that apply to offset his depreciation?
Carlton
No, the capital gain exclusion does not count towards depreciation, it only counts towards the gain. Depreciation is not considered capital gain, it's considered ordinary income. When you sell a property, the depreciation will come back as ordinary income taxes. You'll pay your ordinary income tax rates on it. So this is why I love doing the 1031 exchange change. If we can find a property within, you know, 180 days that you can roll your capital gains into, you essentially won't pay any taxes. But it has to be equal or greater in value than the property that you sold.
Jack
Yeah, but you could turn it into a long term rental and then still.
Carlton
Yeah, absolutely. Then you can turn it into a long term rental. What I like to tell a lot of people is why not leverage the short term rental strategy just for this year and then convert the property into a long term rent? That's what I would. Yeah. Because you only have to manage the property for a hundred hours and just make sure that you're managing it more than your cleaning lady or your handy demand. And if your tenants are saying seven days or less, you can just run a short term rental for the last two to three months of the year and then just convert it to a long term rental come January. IRS has no issue with that. Just put a long term tenant in there.
Graham Stephan
They have no issues with that.
Carlton
That's what my wife and I did on our first short term rental back in 2022. Yeah. We got $167,000 in year one depreciation on a $680,000 property in Deerfield Beach, Florida. After that first year, she converted into a long term rental and then she qualified herself as a real estate professional.
Jack
So you basically just paid 15% less for a long term rental property.
Carlton
Yeah, yeah.
Graham Stephan
It seems weird though, to go from bonus depreciation to then seniors get a $6,000 standard deduction increase. It's, it's, it seems minuscule compared to like all the other things that like wealthy people can get from this.
Carlton
Yeah, the $31,500 standard deduction is pretty high in my opinion, just because I've been in tax so long. When I got into tax tax, the standard deduction was literally $6,000 for single filers and 12,000 for married filing joint. I'm 32 years old and the standard deduction is now $31,500 for married filing joint and $15,750 for single filers. Literally, if you just make a hundred thousand dollars a year, you're getting a 15,750 deduction if you're single just by being a taxpayer. That's pretty awesome. And then you put money into your 401k, you're dropping your tax bill possibly down to like $60,000. So. So I think that it helps the everyday taxpayer for sure. But what we're really looking at is what are the big changes in this tax bill? And the big changes are the ones that are really helping the wealthy people, business owners and real estate investors. They're going to benefit the most.
Graham Stephan
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Carlton
The uneducated. The uneducated are always the losers. Because if you don't know that the tax code is a game game, you will get left behind and you will always end up tipping Uncle Sam. But most importantly, it's those that are in the low to middle class. Is the low to middle class just do the same things over and over again. They make money, pay their taxes and just go on vacations. They never try to figure out ways to save, reinvest or utilize the government system to their advantage. People like you and I are going to figure out ways inside of the tax code to build our wealth wealth. But what the issue is is low to middle class tend to focus on how they consume assume their their wealth. If we can figure out ways to preserve our wealth by utilizing the tax code, we can help more individuals that are in that low to middle class get into that higher wealth and into the wealthy class.
Graham Stephan
So if you're making $150,000 a year, W2, what resources do you have at your disposal to lower your income?
Carlton
Oh absolutely. So if you're W2, the obvious one is going to be to max out your 401k. But then we need to start looking at whether or not you actually feel that you have it in your wheelhouse to have a business on the tax return so you can convert some of Those everyday expenses that you're spending your money on, cell phone, car, gas, etc, into write offs. Because at the end of the day, we are all spending money on the same things. We all need a roof over our head. We all need a car to drive, we all need a cell phone to communicate with people. The issue is, is that W2 taxpayers can't write any of that off. But as soon as you have a business on the tax returns, those everyday expenses become business write offs for you every single year. As long as you' business is a legitimate business and you're in the pursuit of income with your expenses. So if you're asking me what is the average W2 employee, what can they write off? Absolutely nothing. You're putting money into a 401k. You're hoping that you have a home so you can write off your property taxes or mortgage interest, or you're giving money away to charity or you have a child that you can claim a child tax credit for. The government has not set up the system for you. The government has set up the system for business owners and investors. They understand that you take no risk when you're a W2 employee. The business owner took all the risk when they decided to hire you. If you decide to show up to work and you don't want to put in 100% effort, you're still going to get paid 100% of your paycheck. That's part of being a W2. So yes, the government understands that, which is why the government creates more incentives for those that take more risk.
Graham Stephan
What's the bare minimum that you have to get from a business in order to qualify? Like, you obviously can't just create an LLC and then just like deduct things and show zero income. Like how long?
Carlton
Technically.
Graham Stephan
Technically, I know you. Yeah, for two years.
Carlton
Two years is the threshold. If you're not showing an economic gain by year three, they can go back in over those last couple of years and treat those last couple years as hobby. Businesses make you refile the tax returns without that business income and then you pay the taxes on what you would have paid. So that's an issue. So if you're not showing any income, that's a big reg flat to the irs. We have a lot of, you know, random, you know, taxpayers that come over to us that had these returns from previous years with these Schedule Cs that had 40, $50,000 in losses but no income on the tax returns. They stick out like a sore thumb to the IRS because you're essentially saying I'm just writing stuff off and haven't figured out what I'm doing doing yet. IRS only allow you to do that for two years. You need to show the IRS that you're trying to make an economic gain or they're going to come in and say you started a hobby. That's not a legitimate business, which means those expenses aren't legitimate. Take them off of your return and refile.
Graham Stephan
Who's to say you can't pay yourself through the business? Like let's say I'm W2, but then I take $10,000 of my own money and buy my own product through my LLC to show income. I mean it seems like there's, there's always like a, like a workaround, you know.
Carlton
Well, if you're buying your own product, how do you, how do you turn around and then benefit from that spending money because you're already paid taxes on.
Graham Stephan
Then write it off and show the expense that like hey, I got a $10,000 sale.
Carlton
Yeah, but it's with income that's already taxable. Cuz you're W2, so you already pay taxes on that income.
Graham Stephan
Yeah, but you're deducting it anyway because your expenses are going to equal what you just brought in.
Carlton
But if you're going to go put money into a business to go grow a business, that is how most business businesses start. If you're going to put money in to then buy your own products to then just be able to deduct your, your car, your home, off office, how long are you going to be able to keep this up before the IRS says you're not still showing an economic gain? Because the only way you benefit is that if you're at a loss, the loss is what offsets your other forms of income. If I'm making $150,000 W2 and I go start a business, that business performing at a loss offsets my W2 income, which increases the amount of money I receive back in a refund. If I start a business and that business is profitable. All I just did was just increase the amount of taxes I pay.
Graham Stephan
But now who's to say you're not just a bad business guy like you're just starting a business. Two years it fail. You try something out. Two years it fails. Two years it fails. There's someone out there.
Carlton
Yeah.
Graham Stephan
Who's just tried thing after thing after thing and it's just. They've all failed for 10 years.
Carlton
Yes.
Graham Stephan
How do you separate that person from the other one who's just trying to get write offs?
Carlton
Yeah. I mean, the IRS are human beings, right? So they understand what intent looks like and what someone showing intent looks like. Having a website, having legitimate expenses, having legitimate receipts to show a social media account, products and services that they're trying to market, you could just be bad at business. But what most people do is they just try to get over on the irs. They claim these expenses. When the IRS asks questions about them, they don't have anything to provide. I don't have a receipt. I can't actually formally tell you the intent of why I decided to spend money on this. And then they end up going down this route of wanting to repeal some of those deductions they put on their tax returns because they don't want to be on the hook with the IRS and have the IRS scrutinizing them.
Jack
What's it like to get off audited? Like, do they just send you an email and then they send an agent to go to your house and the guy shows up, your house knocks, and he's like, hey, what's up with this transaction right here?
Graham Stephan
It's never an email.
Carlton
No one, no one will show up to your house. And it's never an email. It's always letters. Which sucks because the IRS will send you a letter and by the time you actually open the letter, the date might have been passed.
Graham Stephan
That's happened to me so many times. I just don't check the mail for a week. And then it's like, by this date. And it was yesterday.
Carlton
Yes. And it'll tell you you should have responded by like November 21, and it's like December 16. You're like, okay, what the heck? The issue with audits happen when you don't respond to notices in a timely manner. Then you come off of the computer conveyor belt. And then a human now is being assigned to you. You get a revenue officer, and the revenue officer is just going to ask questions first before the audit actually gets conducted. Before an audit happens, typically it's normally just notices requesting additional information. Hey, we need additional information. What is this? What is that? If you don't provide that additional information in time that when we typically see audits happen, I want to open up a formal investigation against you because I believe you wrongfully filed a tax return and I'm going to get to the bottom of it. And with IRS audits, they typically take nine to 12 months to resolve because it's a lot of back and forth with revenue officers. You're waiting for the IRS to respond and work through Things as tax pros, you're providing things. And then there's a whole communication battle with the irs. Calling, waiting on the phone for them to answer, waiting for them to call you back, finally getting connected, finally having a conversation and establishing follow up meetings until everything gets resolved.
Graham Stephan
What are the red flags that establish an audit that get you caught?
Carlton
Yes. Under reporting income, when you are a 1099 individual, you are receiving typically 1099, which means someone has reported how much they have paid you. If you forget to submit a 1099, you are under reporting income. That is one of the number one ways people get audited. Mistakes and omissions is the second way people get audited. If you make a mistake on the return, you, you filed a return and you labeled someone's Social Security wrong, forgot someone's birthday. These are things that can actually trigger an IRS audit, even though it sounds so simple. Or you leave something off of return, or they see a category on a return that looks suspicious. You have exactly $25,000 in vehicle expenses, exactly $7,000 in marketing expenses. Not $7,001, not $25,452. Things are all round numbers, numbers that typically justifies an irs.
Graham Stephan
Is it a computer that does this or is there ever a person who's like manually going through. So it's like everything is just like a computer algorithm that's like spitting out things.
Carlton
When you're an LLC or an S corporation, you have an NAICS code attached to your entity. The IRS processes tax returns by state relative to the code associated to your entity. So if I decide to be a real estate agent, I can set up an LLC underneath the real estate agent code. If I decide to be a consultant, I could set up an LLC underneath the consulting code. Code. They're getting thousands if not millions of tax returns reporting the same type of code as you. So they have a rule of thumb based off of all the other returns that they're receiving. On average, consultants in California make $2 million a year. Let's just say this as a, as a flat example. And of that 2 million, they have this much net profit that they normally receive that we see on tax returns. But in these categories, 1, 2, 3, 4, 5, 6 on the return, here's the average amount of expenses that we see. If they fall out of, of that boom, the system flags it, pushes it over. Now a human possibly could be reviewing that return. The human has questions. A notice might go out. You don't respond to the notice, you get an audit. And that's typically How I see audits.
Jack
Happening and in terms of just strict numbers and risk in, in audit likelihood, if you're making like $150,000 a year and you're writing off 80,000, a hundred thousand even, let's say your net profit's 50,000, your likelihood I'm guessing is a whole lot lower than someone writing off 75% of their income. If they're making $3 million a year.
Carlton
You, if you are making less than $100,000, less than $500,000, your audit risk is less than 1%. If you're making a million dollars to 3 million, your audit risk jumps up to 1.2%. If you're making over 10 million, your audit risk jumps up TO 2.6%. IRS releases this every single year.
Graham Stephan
Seems pretty low.
Carlton
It is very low.
Graham Stephan
Seen the audit rates from like you see in the 90s when it's like a 10 plus percent audit rate on incomes over 10 million. And that's gone down, down to like, like you said, two something percent.
Carlton
Yes it is, it has gone down. Audits have gone down significantly and Trump has repealed the funding for the irs. I know you guys remember when Biden came into the office, there's going to be, you know, a whole initiative to hire 83,86,000 new IRS agents. Those agents did not get hired. I'll let you guys know that. I talk to the IRS every single week. They let me know we're seeing people leave 24 7. And on top of top of that, Trump has paused funding for the IRS as a part of the big beautiful bill. So we're going to see less audits happen over the next four years and less IRS agents.
Graham Stephan
I heard a, a, a theory, this was like 10 years ago that someone told me when I was doing real estate that if you filed an extension and then you submitted a paper return, the likelihood of an audit goes down significantly because there's a delay on top of it. And then the paper audit takes them longer to process. They have three years to complete an audit from when you turn it in. And because it takes them often a year to go through that audit, the clock starts ticking away faster. They're behind and they don't think they could complete it by that date and they're less likely to go after it.
Carlton
That's correct.
Graham Stephan
If you, how do people find this stuff out?
Carlton
If you would like to reduce your audit risk, especially if you're a self employed individual, I'd highly recommend that you go on extension because I want to go in with the Masses of other businesses owners, business owners and real estate investors almost can never file their tax returns by April 15th because they're typically always waiting on K ones and they're waiting for their booking, keeping in accounting to get adjusted. And they're calculating estimated tax payments. So 90% of the self employed business owners and investors that I work with are on extension. They're filing typically in the months of August or September, going in with the massive amounts of other business owners. Paper filed returns do get audited less than digital returns obviously, because digital it's easier for the system to, to spot things. Right. But if you're asking, asking me who are the more likely people to get audited, those that file their tax returns by April 15. As a matter of fact, people who file their tax returns by April 15 typically receive letters in the mail by May 15. That it happens that fast.
Graham Stephan
So you're almost penalized by being more diligent and like doing it sooner.
Carlton
It's funny, huh?
Graham Stephan
It's crazy. Part of me wanted to like get that done by the April 15, right. Just because it was like, oh man, now I don't have to think about it. I got like the rest of the.
Carlton
Year out of sight, out of mind.
Graham Stephan
Yeah. Yeah. Oh my gosh.
Carlton
Yeah. We had a client that get got audited for trying to write off a yacht. And it was very, very, very difficult dealing with her because she was one of these real estate agents that was on million dollar listings and she had a huge following, a huge personal brand. And when she came into our office, she had already visited 10 other CPA firms, all 10 other CPA firms said they weren't going to represent her. They said they shouldn't, that she shouldn't have claimed the vehicle on her tax return. When she came into our office, we, we didn't know what she came into the office for other than a consultation. She brought in her tax returns, slid them across the desk. I open up the returns and I see on the returns that she's making seven figures. And the very next page I see a notice. On the notice it said 1,100,000 due. IRS will let you know how much you owe them when you're getting an audit because they're going to assess you. I asked her, what? Why is the IRS assessing you? And she said, well, I try to write off a vehicle on my tax returns and they're disallowing it. And I said, what's the vehicle? And she said it's a yacht. I said, said, you say a yacht? She's like, no, it's a yacht. And I said, okay, well, why are we claiming a yacht on your tax returns as a business vehicle? She's like, well, I show my clients how to purchase real estate from the views of the ocean. Of course, any other real estate agent can pull up to a house in Laguna beach or Dana Point and get out the car and walk the property, but I don't do that. I bring Kobe, I bring Shaq. I bring my clients onto the boat, and I show them houses from the views of the ocean. I also run broker previews on my boat where I bring other real estate agents, and we conduct these broker previews as said. Okay, that sounds legitimate, but what's the proof that you're actually making money from this? And this is an actual business vehicle? She's like, well, one here are my clients on the boat. And she pulls over her phone and shows me that. Very impressed. Pretty cool to see those photos of Kobe and Shaq. But what was more impressive was that she showed me a log booklet that her captain has. Her captain keeps a log booklet of every single person that comes on and off of the boat in chronological order with the log booklet that her captain and had photos, receipts of her purchasing the vehicle and the transactions that occurred from her being a realtor that year. We went into the audit. I used one tax code in that audit code, section 162A, that states a business owner can take a business deduction if the deduction is ordinary in nature to the business owner, necessary in nature to the business owner, and reasonable in nature to the business owner in the pursuit of income. Slid this over to the IRS auditor. It was in our office, by the way. The audit happened in our office. Office. The auditor said she knows Kobe. Wow. This is so cool. The audit was over in five minutes, and we were talking about the Lakers. That day changed everything for me. You can't tell me what's not possible with the tax code, because there's people showing me what's possible every single day.
Graham Stephan
How much of that, though, is. You're just. You went in there, you're just a charming guy.
Carlton
I am a charming guy. Me and my mom went in there. She. Yeah, yeah, she did a little bit of the heavy lifting. But the cool thing about this audit was that the IRS auditor wasn't trying to, you know, win against her. He was just trying to figure out is what she doing actually legitimate or not. And that's how really the IRS works. Yeah, they. They don't want you to. To lose. They want you to win, but they want to make sure you're not a criminal. That's what they care about. Are you doing something legitimate? Are you not doing something legitimate? Show me that you're doing something legitimate. Show me that you're making business income from this. And show me that everything ties to the business income that you made. That's what we had to.
Graham Stephan
Where do you draw the line between that boat and, let's just say a nice watch.
Carlton
Yeah.
Graham Stephan
And you say, hey, I'm with clients having this watch. It's a talking piece. It sets me apart. I'm doing business from that watch. It helps me get into these social circles. Where do you draw the line on this? Or. Or a really nice car that, you know, maybe you drive on Sundays?
Carlton
Yeah.
Graham Stephan
But when you pull up to an open house, that car gets attention. Sets you apart.
Carlton
Yeah. It's different with. It's different with buying a Rolex than it is with buying a car. When it comes to cars, the government wants to know exactly the percentage of business use that that car is being utilized inside of your business, which makes it pretty hard for business owners to kind of know, okay, am I going to the grocery store today, or am I just going straight to the office today? But what I encourage business owners to do is look at this calendar, right? You have seven days in the week. How many of those days are you actually doing business? And how many of those days are personal? And we can typically tell that most business owners are working Monday through Friday, utilizing their vehicle for. For business, and then on weekends, that vehicle is probably going to be personal. So most business owners are using their vehicle about 80% of the time for business and about 20% of the time for personal. It's not to say that certain business owners can't utilize it more or utilize it less, but that's just what the average we see. So when it comes to writing off a vehicle, the IRS wants to know your. Your percent of business usage. When it comes to writing off a Rolex, it is very hard to write off watches unless you're in the watch industry, and that is your business business. You're essentially trying to label a watch as marketing or tools or equipment. It's very hard to justify that your watch is a tool or equipment that's actually helping you make money. When you're not in the watch business, you might be a consultant, you might be a realtor. Sure. Does it help your appearance? Sure. Does it help you from a credibility standpoint? But it's considered a extravagant expense and an expense that might not be directly related to what your business is is.
Jack
How granular do they get with their questions? Like, if I go out to dinner with Graham, and maybe during this dinner, we're just talking about dating or something.
Carlton
Yeah.
Jack
Will they just ask, like, well, what'd you talk about? Like, will they ask if I. So there's be like, oh, who'd you go to dinner with? I'm like, graham. They're, like, reasonable.
Carlton
Yes.
Jack
And what's the average, like, personality profile of an auditor? I'm curious if they're, like, really straight and narrow, like, that type of person, or if they're cutthroat or if they're kind of just like a normal, charismatic, you know, guy.
Carlton
Most IRS auditors are not CPAs or tax professionals. So they're essentially people who have studied a way in which to win against people. So most auditors are a little hostile sometimes. Similar to cops? Yeah, they're a little bit hostile. They'll. They'll hit you. They'll. They'll try to get you to make a mistake in what you say. So they'll let you talk and talk yourself right into incriminating yourself. Because when it comes to the irs, you're guilty until proven innocent. You're not innocent until proven guilty. If they send you a notice, they're saying, you owe us. It's not. Oh, send us back some information. We're unsure about this. No, no, no. We don't think you should have taken this. Prove to us that you should, that you're able to take it. And when you're in an audit, they kind of press you on these things. Why did you take this deduction? Explain to us why this is considered an ordinary expense for your business. Explain to us why this would be necessary for you to go and spend $15,000 at Poppy Steakhouse at the Fontainebleau on popping bottles. Because you have business clients. Why is that considered a necessary, necessary expense for you?
Graham Stephan
But isn't this why I'm curious?
Jack
So is it similar to, like, getting arrested and you're like, I'm not going to talk without the presence of a lawyer?
Carlton
Exactly. It is.
Jack
Because the thing in the. The mail, the audit.
Carlton
Why should you have to answer that question?
Jack
So you immediately got to bring in a tax.
Carlton
Bring in a tax professional. Yeah. Why. Why are we having to justify this when my business owner is making $10 million a year? $15,000. A $15,000 mill at Fontainebleau is not even 1% of his total net profits. Why are we even justifying that? That he's spending money all over the place and has paid taxes x amount of years in a row. I believe that with this business owner, we have taken the expenses legitimately. And here is all of our proof of expenses by receipt, not just our profit and loss statement and our balance sheet. And this is what I want business owners to remember. When you get into an IRS audit, the auditor does not care about just your P and L and your balance sheet. They care about the receipts because the receipt tells you me what you spent your money on. If you went to Home Home Depot today and you spent $1,000, I do not know if that thousand dollars was spent for Graham Stepan's personal house or Graham Stephan's investment property unless I see that receipt. Sure. Do I see the expense on the P and L? Absolutely. I can see you have tools, equipment, etc, If I open it up in QuickBooks, I can see it was to Home Home Depot, but it doesn't tell me what the expenses were.
Jack
But then if it says like Toto toilet $400, then is the, the officer like, okay, let's go to the investment property. See this toto toilet?
Carlton
They're not going to go to the investment property. They're not going to do that.
Jack
Okay. So they're, they're like, I trust you that this toto toilet is in the investment property as opposed to your primary.
Carlton
Well, you can show proof of it by providing substantiation. Absolutely. Photos, all of that. But the substantiation that the IRS requires is the receipt and documentation. If you provide receipt and documentation, you have done exactly what the IRS is.
Graham Stephan
Actually, that's why it's so important to get a lawyer. So I have a story from someone who got a California state audit and they wanted three years of tax returns. All these documents, like every in and out from every bank account. The guy got a attorney on it.
Carlton
Yep.
Graham Stephan
Narrowed the scope down to one year, but a 1099 received in that year. So it went from three years down to one document in one year. It turned out there was a 1099 that got missed. That was. And that was just a few thousand dollars. That was it. But they took it from three years of like pulling through everything to see what they could find to, oh, it was just a 1099 that was not reported by mistake. You owe us a few thousand dollars. And that was it. That's all it came down to.
Carlton
What if he had never hired that lawyer? Yeah.
Graham Stephan
Three years.
Carlton
Send them over three years worth of information and guess what? Here we go. We Got three years worth of information. Let's just look at everything saying, hey, let's pop some popcorn, sit here and see how much stuff we can find in 2022. Then we'll jump to 2023, then we'll finally get to 2024.
Graham Stephan
But, but here's my thing. Don't they have that anyway, like, if they really wanted to go through every year of your tax return, couldn't they already do that?
Carlton
Yeah, but they're. You going through my tax returns doesn't tell you exactly what I spent my money on.
Graham Stephan
Doesn't it though? Like, because I, I write down my.
Jack
Tax, you can see my pretty itemized.
Carlton
You can see my expenses in categories, right? You can see how much I spend on consulting, legal and professional fees, meals. But outside of that, you can't actually dig into the categories unless I provide you my P and L. You can't dig into how much money I, I, I'm actually spending in particular locations. You don't know whether or not I spent $100,000 in Hawaii. You just see travel expenses, $200,000 for the year. You don't know if I blew a hundred of that in Hawaii, right? So on a family trip that I decided to take my friend, my family on, you don't know that information until you audit me.
Jack
Why doesn't the IRS just tell you this is how much money you made?
Carlton
IRS loves to play this game where they want you to guess it yourself and then if you guess it wrong, then you're in trouble and because they know and yeah, oh, they know exactly how much you should be reporting because they're getting wage transcripts provided to them by your employer or they're getting 1099s provided by the contractor that you decided to partner with from a business transaction. So if your self employed, absolutely. Your audit risk is way higher than if you're a W2 because you have the ability to control the discretion of what you report, which is why they created systems like 1099. So you're required to fill this out before you pay somebody.
Graham Stephan
So I'm curious though. When it comes to S corporations, it's not required if you pay an S corp to submit a 1099. Why is that?
Carlton
Because we're corp to corp. We're, we're both, we're both corporations. We're business owners. If I'm paying a contractor though, I need to provide a contractor a 1099 that makes over $600 dollars. Yes.
Graham Stephan
It always worries me though that when, when we pay out people on the iced coffee hour we pay to an.
Carlton
S corp. Yeah, you don't have to 1099.
Graham Stephan
But there's no reporting on that.
Carlton
Yeah.
Graham Stephan
And it worries me that it's like, yes, we have proof of all of this, but it would make more sense if, like, if we get a 1099 and they get a 1099 and then it's this clear cut, this is what was paid.
Carlton
Yes.
Graham Stephan
Wouldn't that make more sense?
Carlton
Provide 1099s to every person that I do business with, whether they're a corporation or not, because of documentation purposes. Purposes for me. I don't want to get into a situation where I didn't make sure that I knew somebody was reporting the income that I paid them. But most importantly that I didn't document all of the contractors that I was working with. I want that to be documented correctly and filed.
Jack
Has anyone ever walked through your door with your client work, they show you their expenses and you're just like, I'm just not going to work with you?
Carlton
Yes, that has happened. We have had clients that have lied and claimed expenses that they weren't supposed to claim on the tax returns. And then they come to us thinking that we're the cool tax pros because we love to help people pay the least amount of taxes possible. That's our whole mantra. And then they get on the phone with us and they're like, yeah, man, I just wrote off this. I wrote off this and I wrote off my kids education. You know, screw the irs. And we're like, well, you know, it's great knowing you. The IRS is definitely a real organization. They have real jail cells. So we are not going to do business with you because I have a fiduciary responsibility to work on the behalf of the client and represent the IRS too. Under Circular 230, I have a fiduciary obligation to make sure my clients are reporting their income correct and not taking or sorry, not trying to get around the IRS or screw the IRS over.
Graham Stephan
And how often do you see people going to jail?
Carlton
I've never had a client go to jail. I mean, I saw Wesley Snipes go to jail because of tax fraud and tax evasion.
Jack
Have you ever been audited personally?
Carlton
No, I haven't been audited personally, but I speak with the IRS pretty often. I'm. I may ask the IRS just to audit me just so I can use it for content.
Graham Stephan
That would be a banger video.
Carlton
That would be a banger video. Hey guys, I'm getting audited. Me. Show you guys, exactly how we're going to handle this. I would love that. I mean, I would, but I wouldn't because it's a lot of work. But I would love that because I have so many, I have so many corporations now.
Graham Stephan
How do some people just get away with never paying their taxes? Because I, I've seen these threads on Reddit where it's like, hey, my dad never has filed taxes in 30 years. He's self employed, he's just never filed a tax return. They've never reached out. I don't know what to do. Yeah, how do people do this? How, how do they slip under the radar? It makes no sense to me.
Carlton
I, I have no idea, brother. There are certain people who I've heard these stories from, but then there's people who I've heard from that haven't filed tax returns in two or three years and they're just getting letters of the wazoo. So how does that work? Do you just never file a tax return from the very onset or do you just decide one day, okay, I'm done filing taxes. I don't need to file tax returns anymore. That is weird to me. I know that when it, when the push comes to the shove, I don't want to ever have to face 10, 12 years worth of payments and penalties that I would have stacked up because I chose not to file my tax returns. That's really what it is. You may not owe on your taxes, but you still have to file your taxes. And failure to file your taxes results in penalties and interest fees.
Jack
What's the sketchiest thing you've ever seen anyone do with taxes?
Graham Stephan
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Carlton
They use these like charitable LLC structures to where they set up a charitable LLC for charitable intent and transfer a 99% of their interest ownership to the charitable LLC and they retain 1% interest ownership of that LLC and then the funds go into the LLC. But then they set up an investment LLC where you can loan money from the charitable LLC to the investment llc and then you could take distributions from the investment LLC to use on hams, health, education, maintenance, et cetera. But you're essentially using that investment LLC to make additional investments. That whole charitable LLC structure to me is very fishy. I've seen so many people get audited from it and I see so many people abuse it. Is it a legitimate structure you can set up right now underneath the IRS tax code? Technically it is, but is it something that I would encourage people to do? Absolutely not because of the discretion around it and most importantly the way in which it it is structured. In the eyes of the irs, you are intentionally doing something for charitable purpose. Purpose is but then you're not actually being charitable from the onset and you're moving money around to make investments from a non taxable place.
Jack
What's the biggest fine you've ever seen?
Carlton
$875,000 for 10 years of unfiled tax returns on an athlete that was a professional boxer.
Graham Stephan
How much, how much were they making during the time?
Carlton
Lots and lots of money. They're a very famous boxer, so that's about a lot of famous people that.
Graham Stephan
Doesn'T seem like that much, though, when you think of they're probably making tens of millions.
Carlton
They're not making tens of millions of dollars anymore because they're not fighting professionally anymore. And they're living off of their savings and they abused their savings while they were living and chose to give a lot of their savings to friends and family who they thought were actually friends and family and wound up in a situation to where they're not holding on to as many assets anymore and now have a big bill with the IRS and are trying to do anything they possibly can just to get right by the IRS and live a natural, normal life. I, I have had some celebrities and clients that have found themselves in that situation.
Graham Stephan
So what happens if you owe a ton of money and you just don't have it? Let's just say you owe 5 million bucks. But you know what? You lived lavishly, you spent it all, and you got zilch. What happens?
Carlton
All right, so if you owe the IRS and you don't have the money to pay them, and you legitimately don't have the money to pay them, you have two options here. You can either get on a payment plan or you can do an offer and compromise. Now, the payment plan only works as if your tax bill's 50k or less. So if you're making millions and you owe millions, you're in a situation situation here. What if you are no longer making millions, but you owe millions? This is where the offer and compromise comes in. IRS knows you probably aren't going to be able to pay them back with the income that you currently have sitting inside your savings account or the income that they can see coming in. So if you could show that you've had a negative economic gain, you're making less money, you, you're not being able to, you know, really grow your revenue, they will start to focus on creating a compromise with you. We call these OICs. Offer and Compromise, where you offer the IRS a reduced amount, you compromised on that amount, and hopefully you can pay that in a lump sum and be able to rid away with your IRS debt. Or what they'll also allow for you to do is pay a percentage of it in a lump sum and then get the rest on a payment plan. Those are called OICs.
Jack
What's the biggest tax bill that you've helped someone completely erase?
Carlton
We help someone reduce a $11.9 million tax bill that they had. How advanced? Depreciation and income shifting strategies. I took so much depreciation on the tax return that I was able to drop their taxable income pretty low. And then I shifted income into a private family foundation, which is a philanthropic entity that allows for you to roll over 30% of your adjusted gross income for a year. One tax deduction. Only 5% of the assets that are sitting inside of your foundation actually have to be donated out to another third party. 501C3 that's not your own. So we were able to utilize depreciation strategies and income shifting strategies to reduce their taxes taxable income significantly to the point where we were able to offset close to $12 million in tax.
Graham Stephan
Were they a real estate professional?
Carlton
Their spouse was a real estate professional. We did advanced depreciation on their rental properties. And what we also did was we parked money into movie films like we talked about. IRC181. We're able to take movie film deductions in tax credits there. And then we utilize the private family foundation. But the main strategy that we utilized is the same strategy that we see Donald Trump utilizing, that I'm utilizing all my tax returns, which is really real estate losses. If we can convert a passive business into an active business, we can take active losses against your active forms of income.
Graham Stephan
Is it ever just a good idea just to pay what you owe and that's it, and not get fancy and just say, you know what, I'm just going to be simple here. I'm not going to take on any more, just going to pay it and I'm done.
Carlton
I think when you're 200,000, $250,000 and less in income should pay your taxes, you're not at a point yet to where it makes sense to go and try to be creative and fancy with the tax code. Because truthfully, you'll probably end up spending more money trying to figure it out than actually, you know, saving money. But right when you get over 300k, you're paying about 50, $55,000, $60,000 in taxes. That's about a salary for someone coming out of college. That's when it starts to make sense. And this is when I start to encourage people to start looking at tax planning. But most people will run to their CPA that only files their tax return and look for tax advice when that's not the person that really provides that tax consulting or advice. So that's when I recommend a tax strategist, someone who primarily focuses on coming up with strategies to help you mitigate your tax bill. So then when you go to your CPA to file your returns, all you're doing is turning over documents.
Jack
Do you think there are certain tax loopholes that should not exist?
Graham Stephan
You know, like the carried interest loophole. I saw that they kept talking about we're going to get rid of it this year. This is the year that the billionaires, they're not going to have it. And then it's quietly still in there.
Jack
So explain in layman's terms what is that?
Carlton
You get to take loans against your own stock, which is non taxable and you never pay taxes. If you're a corporation owner, to me that makes sense. I love that ability. Right. But for some people, they see that as cheating, right? They, they view it as cheating. What do you mean? You can start a corporation and then issue yourself stock and then loan against your own stock and then now you have tax free money. Well, loans are tax, are tax free. That's tax free money. And if you pay interest on it and you invest money into something that's an investment, the interest is deductible too on the loan that you took from yourself. I love that strategy.
Graham Stephan
But let's talk about the carried interest loophole. That basically that if someone's a hedge fund manager that they're able to pay long term capital gains tax on their clients money and report that as their income instead of paying ordinary income tax.
Carlton
Wait, explain that one to me. I don't think I've heard that one before.
Graham Stephan
It's called the carried interest loophole.
Carlton
Okay.
Graham Stephan
And it's really for hedge fund managers. So let's just say you're, you're managing $100 million and that grows to $150 million and you get paid $20 million as a, as a performance bonus.
Carlton
Okay.
Graham Stephan
That bonus is taxed as long term capital gains because you're making it from investment income.
Carlton
It's not taxes ordinary income.
Graham Stephan
Correct. And so you have these fund managers that are essentially able to pay 20% long term capital gains tax instead of the 37% tax. And it's called, it's the billionaire tax because hedge fund managers take advantage of it. And it's just hedge fund managers.
Carlton
Yeah.
Graham Stephan
And, and Trump and a lot of these people, by the way, it's both sides. It was. Biden was saying he's going to get rid of it. Trump was saying he's gonna, Everyone has said they're gonna get. Obama even said I'm gonna to get rid of it. No one's been able to get rid of it.
Carlton
Wow, I like that. I mean, to me it makes sense. Again, it's, it's investment income.
Graham Stephan
Investment income.
Carlton
Investment income is tax at capital gains rates. It's all depending on the type of income you have. You have ordinary income, you're going to pay the highest tax rates. You have investment income, you're going to get the favorable tax rates. The tax code is set up for investors. Right? So that's a. You know, I. Graham, I'm on the side of the table. Let's leave that one there. Let's leave that one in the code.
Jack
Is there any tax policy that increases tax bills that, that you like, that you think is fair? Just.
Carlton
Yeah, I do think depreciation recapture is 100% fair. If you're going to claim your depreciation upfront by doing a cost segregation study, or if you're an investor and you're taking depreciation and you decide to sell that property, you should pay taxes on the depreciation you took because the government gave you a. An incentive. When you buy an investment property, you're going to take leverage 95% of the time. You're going to go to a bank and get a 80% loan, loan, or however much you need in a loan payment. But the government lets you write off the entire building on your tax returns. That's depreciation. If you turn around and say, I want to sell this property and not utilize it as an investment property anymore, well, that depreciation deduction that they gave you every single year, they're going to come and collect that back. We gave you that as a deduction for you being a real estate investor and a business owner. In the eyes of the irs, you're saying you don't want to do business anymore. Oh, all that depreciation we gave you, that's going to come back in the form of ordinary income, and you're going to pay ordinary income taxes on that. I think that's 100% fair. But they gave us a way out, too. They said, hey, you stay in the game with us, you take on a little more debt, we'll give you this 1031 exchange strategy over here that you can utilize in order to keep you in the game. Avoid taxes, roll over some of those profits into a bigger property, go get more cash flow and go get more depreciation.
Graham Stephan
Is there any tax strategy that you think is unethical? The. It's legal.
Carlton
I mean, I don't think the Augusta Rule is unethical, but it's pretty cool how that one got created. I don't know if you guys are aware of that. In Augusta, Georgia, they had this golf tournament called The Masters, it still goes on there, but the Masters tournament has been going on since the 60s, 70s, and there's just not enough hotels to house people. So in the state of Augusta, or, sorry, in the city of Augusta, Georgia, they allow homeowners to rent out their houses for up to 14 days without having to pay taxes on the rental income on the state side, while on the federal side you would still have to pay taxes taxes on that a year later. After that got incorporated in Louisiana and Augusta, Georgia, a year later it became a federal law. Now any homeowner can rent out their property for 14 days or less and not pay rental income. Business owners took advantage of that. I'll rent my home to my business for 14 days and charge fair market value rent and be able to claim a deduction on that. Man, that's a freebie every single year if you're a homeowner, if you ask me. And I love that strategy. But for some people, they view it as, I don't know, I don't know, getting over on the IRS or a fishy strategy.
Jack
What's the most clever thing you've seen a client do or suggest to try to decrease their tax bill?
Carlton
What I see clients do now is I see clients take their spouses off of payroll inside of their businesses. Before, it used to be a really great strategy to have your wife or your spouse be on payroll because then you can max out their 401k if you gave them a salary and their salary is a tax deduction. But what I'm seeing a lot of savvy taxes taxpayers do is they're not even giving their spouses a salary anymore. They're setting up real estate management companies for them and they're making them the manager of the real estate portfolio. They're still business owners, they still have an llc. They can still pay themselves a wage, but they're getting a wage for managing their own investment property. Well, that's a deduction, isn't it? You get a deduction every time you pay the rental management company. But if you take that rental income and put it into a 401k, didn't we just get a second tax deduction right then and there? So we seeing real estate investors utilize their spouses as real estate professionals, opening up these management companies and utilizing the ability to claim losses against active forms of income by qualifying as real estate professionals.
Graham Stephan
So what's something that most people should be doing with their taxes, but they are not?
Carlton
Most people should be looking at depreciation. I'm just going to be honest because it's the best way for you to invest money and get a return while also offsetting your taxes. If you're asking me ways to reduce your tax bill, you're going to want a return if you have to spend money. And the government rewards those that spend money. If I'm a business owner, I have to spend money in order to get my products or service to the marketplace. So me building a website, hiring employees is all going to be expense to me. If I'm a real estate investor, I have to lease out my property, have affordable housing, and that's how I'm going to be able to get rental income and be able to offset my tax bill. So if you're somebody that wants to really take advantage of the tax code, I would highly recommend that you start looking at depreciation. Real estate can create that depreciation for you. And if you utilize the short term rental Strategy, if you're W2, this is the way you can offset your taxes. If you're self employed, you can look at the short term rental or the real estate professional status if you have the time to qualify as a real estate professional. I love depreciation.
Graham Stephan
So I'm curious at what income should people stop using TurboTax?
Carlton
If you're a six figure earner and you're on TurboTax, what are you doing? Come on now.
Graham Stephan
Even W2.
Carlton
Even W2. Because at the end of the day, man, TurboTax is set up for, you know, lower to middle class that really just want a simplified way to fill out their returns. If you have W2 and no other. Other investment income. No other investment. Okay, go ahead. Simply input your information into TurboTax. Pay your $100, get your refund, get in, get out. But if you have any investments at all, you're investing into syndications or you're investing into rental real estate, or you started a hobby business, you most certainly probably will miss out on deductions by just not having a qualified CPA to prepare that tax return.
Jack
I see you're wearing a very expensive watch. Is that a, Is that a nice write off?
Carlton
I did not write this watch off. You know, it's funny because I get asked that all the time. Carlton, you, you seem like a watch collector. I'm sure you're writing these off because you always wear them on your podcast and YouTube videos. I don't need to write these off in order to pay zero percent in taxes. I pay zero percent in federal income taxes since 2019 on an eight figure income. I'll continue to do that because of my savviness with the tax code. I don't need to spend money on a watch to pay 0% income taxes. I would love to make these write offs, but I don't have time to start a watch business and talk about watch trading. Nor do I want to play around with the IRS by claiming, claiming this as a marketing expense.
Jack
So how much do you make and how much do you pay in taxes?
Carlton
I made eight figures. Hopefully we'll approach 20 million this year if all things go well for our firm. We did just over, just over 11.8 million last year. We're, we're on pace to do close to 20 million this year and with a 40% profit margin. So yeah, I would have a very significant tax bill if I did nothing. I'd be looking at at least three and a half million dollars in taxes if I absolutely did nothing. I'll probably pay 0% in federal income taxes again this year because I'm already actively doing things to offset my taxable income. My private family already set up. I'm making investments into real estate actively right now I have movie film projects coming up that give me a 4x deduction on every time I put money into a movie film, which we'll talk more about. So these are the types of things that I'm going to proactively do to offset my tax bill in real time. While most taxpayers are just going to wait till the months of January, February and April to get told what their tax bill is.
Graham Stephan
What about art? What about donating art? Isn't this a, a bit of a sketchy area? Maybe you could, you could you buy a piece that's undervalued, it's appraised at 10 times what you paid for it because it's used unique and then you donate it. How does this work?
Carlton
Yeah, I mean, so how it works in the art industry is like you just said, you can buy a piece of art. Art is so speculative, right. It could be worth a thousand dollars, it be worth $100,000. What most people do is they'll buy a piece of art inside of their business, deducted as a business expense initially. Sometimes they'll do this or what they'll do is they'll buy a piece of art, then get it appraised and donate that piece of art to their foundations. So if I have a piece of art that I purchased for a million dollars and it gets appraised for $1.1 million, so I can may write that off and push it over to my foundation. My foundation allows for me to roll over 30% of my adjusted gross income for a year. One tax deduction. So we see a lot of people making donations with artwork as a charitable donation that reduces their taxable income.
Graham Stephan
I saw one piece of art that's really unique. So I've been getting really into like old Disneyland artifacts and, and the Haunted Mansion has the highest resale value. So if you can get anything from Disneyland's Haunted Mansion that was used in the ride, they're really rare. Yeah, they don't sell these things. I love me too.
Carlton
I love the Haunted Mansion.
Graham Stephan
Dude, I'm thinking this is a gold mine one day. So the most valuable thing in the Haunted Mansion is when you're going down in the elevator and those pieces of art, they just glide upwards.
Carlton
Love them.
Graham Stephan
Now I got really into this. Dude, I got chills right now. It's so good. So from the late 1960s to the early 1970s and the Disneyland Haunted Mansion rides, those posters were hand painted. And they only did that for a few years in the very beginning because they wore out over time. And so after four years they just switched to prints. But those original hand painted pieces of artwork are still out there. And there's one that went up for sale recently, $250,000. And the guy has an offer on it for 125,000 dol. Thousand dollars. I'm thinking, man, this, this, this has got to be a million bucks one day to have the original hand drawn Disneyland Haunted Mansion elevator ride piece of art.
Carlton
Yeah.
Graham Stephan
So that's one of them. Oh, and there's, there's also different values between the pieces of art. The most valuable one.
Carlton
Yeah.
Graham Stephan
Is the lady on the tightrope with the alligator. And that one's never come up for sale.
Carlton
Yeah. So let's just say you buy this piece of artwork and you hold on to it for five, 10 years and you get it appraised.
Graham Stephan
Yeah.
Carlton
You bought it for 250k. Let' just say it appraises for 1 million. Then you, you donate it to your private family foundation. Did you ever lose the piece of art? No. It's controlled by your private family foundation. But did you get to leverage the art? Yes. You got a tax deduction for it. So now the arts inside of your foundation, of which you're a board member and a shareholder of the foundation, so you can control the asset. And then your beneficiaries will determine what to do with it if something were to happen to you and it stays Inside of your foundation.
Graham Stephan
So if it's in the foundation, where does it have to be displayed? What if it's in the foundation in the living room?
Carlton
Oh, does it matter? Absolutely. Your foundation can own that asset whether it's in the living room or it's in the inside of a museum.
Graham Stephan
That's interesting.
Carlton
Yes, it is. And you're the person that sets up the foundation. It's a private family foundation. That's what makes foundation so beautiful. It's typically just you and your family members that are going to be on the board of advisors.
Graham Stephan
Why isn't everyone doing this? Like, why can't I put my car in the foundation as like a historical vehicle?
Carlton
Well, if you try to take the car out and sell the car, it's a taxable event and.
Graham Stephan
But what if I don't sell the car? What if I want to keep the car for a long time?
Carlton
Oh, absolutely. Then you can use it as a charitable asset. Absolutely. You can. You can.
Graham Stephan
Again, where do you draw the line.
Carlton
Between now, foundations are expensive to set up and you have to maintain them. I would say you're probably going to pay anywhere between 10 to $20,000, set up a foundation. And the compliance fees for a Foundation is about $5,000 a year. So unless you have a net worth of about a million dollars, I would say it probably doesn't make sense for you to maintain a foundation because a contribution to a foundation should be relatively about 100 to 150k a year is what we see clients putting in. There's about 10 to 15% of your net income. If you are making a million dollars, that's mind blowing.
Graham Stephan
Look at the haunted mansion artifacts I need.
Carlton
Don't you collect cars too? Yeah.
Graham Stephan
Yes.
Carlton
Okay.
Graham Stephan
Yeah.
Carlton
So we had a client start a foundation and his foundation runs a Cars and coffee. He donated 10 supercars to his foundation. At least 6 million in cars. That's just the foundation. The foundation owns the cars. Can he drive them to the Cars and Coffee? Yes, he can. He's displaying them at the Cars and Coffee. Is he. Is his foundation paying for that event? Absolutely. Does he happen to meet other people that he networks with that he ends up doing, doing business with from the Cars and Coffee? Absolutely. But is he making money from that specific event? No, it's a charitable event. It's Cars and Coffee. Anyone can pull their car up. Anyone can just sit and have coffee. His foundation is running a Cars and Coffee and he's been able to scale his business by doing so by putting all of his luxury cars into a private family foundation.
Graham Stephan
And what are the limitations of doing that? Because I take it, you can't drive your kids to school. You can't go.
Carlton
It's just like purely display only display asset, charitable asset. I mean, I'm sure you can get in the car and roll around in the car and do what you need to do, but it's not a daily for you because it's a foundation asset.
Graham Stephan
And then what happens if you sell the car?
Carlton
If you sell the car, the foundation sells the car. There's no taxes inside of the foundation.
Graham Stephan
Jack, your Tesla could go in a foundation.
Jack
That is a pretty historical car. Most expensive Tesla model. Yeah.
Graham Stephan
Ever purchased.
Jack
I bought that at the worst timing imaginable.
Carlton
Was it right before Elon?
Jack
It was the prices. I'm ashamed to say this, but all in for this used inventory. Not used, but like pre existing inventory. Tesla. The only upgrades it has is the long range and has the white interior.
Carlton
Yeah.
Jack
All in. $58,000.
Carlton
Shoot.
Graham Stephan
And he was over the income limit and couldn't even get that $7,500 credit. Screwed both ways. And he had to pay sales tax on it.
Carlton
Yeah.
Graham Stephan
Because in Nevada, if it's a private party.
Jack
All in.
Graham Stephan
58.
Jack
All in. Yeah.
Graham Stephan
I think the car was like 53 something.
Carlton
Okay. Okay. Yeah. And you still owe on it. I'm assuming.
Jack
I bought it in cash, but. And, and I also did some math and like I was spending probably $5,000 per year in gas alone prior to that.
Carlton
Yeah.
Jack
And I wrote off a good amount of it as well because I also have a personal car that I use.
Carlton
Oh, good deal. Yeah. Oh, I love that you separate personal from business view. Yeah.
Jack
Yeah, that's what I kind of thought. You know, it's easier to justify if I have like my fun car, my personal car, as well as my business car.
Carlton
I definitely do the exact same thing. One Lamborghini is my business car. My other Lamb Lamborghini is my personal.
Jack
Which Lamborghini is which?
Carlton
Lamborghini Urus is business because that one gross vehicle weight ratio is over £6,000. My Lamborghini Aventador is personal because that's a Lamborghini Aventador and I don't want to ride it off.
Jack
What other luxurious things do you buy?
Carlton
I spend a lot of money traveling, and I know most people probably would rather spend money on like jewelry and stuff like that. Outside of watches, I like to travel. I want to go see new destinations in places I've never been, and I want to write those things off. It's always fun for me to go to places that most people would deem a vacation spot. And I turn around and make it a write off. For example, me and my wife went to Hawaii. I went to Hawaii to shop real estate. I did not go to Hawaii for a vacation. Was I sitting at the beach? Absolutely. Did I have my ties? Absolutely. I was there to go look at real estate. A vacation that was traditionally set up for us to go explore the island, to have fun was really a business trip where we were still able to explore the island.
Jack
How does your wife feel about that? Is your wife, is she, you know, she's fine with that. She's like, oh, okay, 100%.
Carlton
100%. Me and my wife are 100% aligned on what we're doing, which is we are building a life for our children and we're going to have fun while we do it. And a part of that is making sure that we operate within the compounds of the tax code. She understands. She's a real estate professional. She documents everything. When we get ready to leave a restaurant, she says, hold on, hold on. Get the receipt, flip it over, I'm here. What did we discuss today? My wife is so in tune to what we need to do.
Graham Stephan
And how do you document everything? Because, because that's one of the things for, for me, it's, it's hard because there are so many little random things.
Jack
But you do it perfectly and you have plenty of logs and receipts and everything.
Graham Stephan
But my gosh, it's like when you order a little item for the camera on Amazon and It's like a $9 little trinket. It's just, it's time consuming.
Carlton
Yeah, my assistant, my assistant meets with my bookkeeper every month and gives her a description of all the expenses. That would be something that needs to be explained. Carlton spent $375 at Amazon, but what was the $375? Oh, Carlton bought a new attachment to his camera this month. Okay, I'm going to document this. Carlton bought new camera equipment this month. So that way, God forbid, Carlton gets an audit in 2027 over his 2025 tax returns. I don't have to go back and try to remember. Okay, what were we buying off of Amazon in the month of March? Oh, I'll look at all of my March statements that she documented for me. Here's everything I spent on Amazon. Here's all of my travel expenses that month. Categorize of what I I did that month, not the fact that I just left the country. Why was I Leaving the country. What was the intention of where I was going? Was it a podcast? Was I going to go travel to actually film something that was going to help my business? Am I meeting a client? I want to be able to remember every single month and what I was doing to create that expense in that month.
Graham Stephan
And what if someone doesn't have an assistant and a bookkeeper that meets every month?
Carlton
Yeah. Then you're going to be your own accountant. You're going to be the one that categorizes your own expenses. You're going to be the one that does the documentation. You're going to be the one that sets up the QuickBooks. But here's what I'd recommend to help yourself. Start off by taking pictures of every single receipt. When you go to a restaurant, when you go to Home Depot or Staples or wherever you go, take a picture of the front of the receipt. It says where you are, what you spent your money on, and the time that you spent your money. The two things that are missing are who it's for or what it's for and who you were with. Those are two things that typically the IRS needs to know when you're taking a. A business meal expense that isn't going to be reflected on a receipt. It's hard for me to say, okay, just because I see two orders of enchiladas here on this receipt that somebody else was with you.
Graham Stephan
It's funny, we were with someone who is taking photos of the receipt with everyone in the background.
Jack
Y that I was just thinking about that. And then you could go with the new photos thing and just click the search button and then just type receipt. And then it probably throws up every single. The receipt needed.
Carlton
Done. Done. And then you could, you could send a text message of that receipt to your. Your notes in your icloud. And then now it's saved forever. And you could write a brief description. Now it's saved in your notes section inside of your icloud. That's what I did early on, before I had an assistant. I would take pictures of every single receipt and then I would just text it over to my note section, the receipt. And then when you text it to your note section, it pops open. What's the description? So I just write the description of who I was with or what I was doing.
Graham Stephan
So to wrap this up, if someone is making 60 to $200,000 a year, what are the three things that they should do today?
Carlton
Are they self employed or W2 though?
Graham Stephan
Let's do both. Okay, start with W2.
Carlton
All right, so if you're making 60 to $200,000, W2, here's what I'm going to need you to do. The first thing I'm going to need you to do is look at maxing out your qualified retirement plans. If you're somebody that is W2, it makes sense to put money into your 401k. If you're at the 60 to 70 or $80,000 realm, you don't need to offset your taxes. You need to build wealth. I want you putting money into the Roth 401K. If you're approaching 200, $250,000 in income, this is when you can start deciding whether or not you want to continue to build up the Roth dollars and just pay the tax. Or if you want to turn around and start mitigating your tax bill and start contributing to a traditional 401k, but qualified retirement plans is going to be your arena. Then we go to traditional IRAs. You could park six to seven thousand dollars into a traditional IRA. That's going to drop you down your taxable income a bit further. But limited on what you can do with an ira. Now that we gotten all the boring retirement accounts out of the way, what are you going to do to create an active loss on your tax returns that offset your active income while still earning a profit from whatever you invest that money into? We have real estate which has a huge, huge upfront capital intensive amount of money that you're going to need in order to jump into real estate. And then we got oil and gas. I believe oil and gas is probably the option for the person that's a little bit newer to investment even though it's an alternative investment. The reason why is because it require so much upfront capital. It just doesn't. It gives you that active loss on your tax returns and you're owning a well that's depleting over time. What the IRS created was a 15 depletion allowance, which means the first 15% of revenue you receive from the oil and gas well is non taxable. That's tax free wealth. So if you're telling me, hey, how can I save more money and build my wealth? We have to look for ways where the government's incentivizing you. Oil and gas sector is definitely a way. And if you're in that space where you're just at 60 to 200k, highly recommend that you look at strategies like that. Now if you're self employed, this is when we look at switching you from an LLC to An S corporation. If your income is over $60,000 and you're in an LLC, you're getting killed by self employment tax. That's Social Security and Medicare. That's 15.3% on all of your business's profits. We need to separate your business profits down into two categories. Salary and debt distributions. Why? Because distributions, the money that you just take out of your business, that's not subject to self employment taxes. That 15.3% that the government put there, the payroll that you give yourself out of the business, the W2 you cut yourself from your business, that's the amount of money that's actually subject to the 15.3% self employment taxes. So if I'm somebody that's making 60 or more, I better make sure I've switched my LLC over to an S corporation and I'm giving myself a very good reasonable salary. Not too much, but a reasonable salary. So that way I'm eliminating my self employment taxes. Now enters the game with the S corporation. Now that you're an S corporation, you have what's called the QBI deduction. The QBI deduction, all it is is a 20% deduction on whatever you didn't pay yourself. So remember, we broke down your income to salary and distributions. Well over here on the distribution side, you get a QBI deduction. So whatever that distribution amount is that's coming to you, imagine taking 20, 20% off, you get a 20 deduction on that QBI. That's amazing. What about us starting to take advantage of the fact that you're a business owner, such as claiming a home office deduction or writing off your vehicle. If we decide that it makes sense for you to have a vehicle that weighs over 6,000 pounds, now we're leveraging the tax code. If you want, you can purchase a vehicle that has a gross vehicle weight rating over 6,000 pounds. You might be able to write off or wipe out your entire tax bill with one strategy alone, just buying a car. But that's a depreciating asset. What if we want to do something that doesn't require us to spend so much money? What if I just want to put money back in your pocket? This is when I look at the Augusta rule. The ability to rent your house to your business for 14 days, that's tax free money coming back to you. That money that you receive from renting your house back to yourself. You're writing yourself tax free checks. So this is absolutely a must if you're an S corporation owner to leverage the Augusta rule. If You're a homeowner and make sure you're documenting it and getting the fair market value to do it legitimately.
Graham Stephan
And when does QBI phase out?
Carlton
QBI Based off of 2024 law, I need to look at the new 2025 tax code. It was right around 400,000. So if you made over 400, when you no longer start to receive that QBID deduction, can you get The QBI.
Jack
From 0 to 400, though?
Carlton
Yes. You can? Yeah. It starts to phase out, though. It slowly starts to phase out. Once you're over that, then you get 0 of it. Sucks.
Graham Stephan
What are your thoughts on an insurance captive?
Carlton
I'm not the biggest fan of insurance captives. I understand the the entire purpose of insurance captives. The IRS has put them on their naughty list. Iris comes out with a list of things that they are classified as more audible than other things. And they put captive insurance businesses as one of the more audible entity structures to establish which essentially you're doing is saying, I'm going to have a business that is going to reinsure my business. So you can have a captive insurance company or a reinsurance company. The money that you put into this captive is a tax deduction against your entity. So if I have an S corporation and I have a captive insurance company that I set up myself, the money that I'm rolling over into the captive insurance company is a tax deduction. For me, the money that's sitting inside of the captive can grow, but it's also being utilized in the event that I ever have an issue with my company from an insurance perspective. So now I can use my own insurance company to cover liabilities associated with my operational entity that's the captive or the reinsurance.
Graham Stephan
And when is that legitimate? Because it seems like as a YouTube business, I need to be insured for things that you would never even think about. Of course, like, let's just say we talk negatively about a company here and they sue for defamation. Things like this seem like reasonable things to insure for. And going through a traditional insurance policy might have severe limitations on that.
Carlton
Of course, the issue is people abuse the reinsurance company because when you put money into that reinsurance company, you're like, okay, I put park that money there. And it's just sitting there. Now I want to go use that money. I don't want to just let it sit there. So what they do is they start. Taxpayers will start taking loans against that captive insurance money, and then they take loans to go spend it on things that they shouldn't have spent. It on and they abuse the intention of the structure. And when that happens, the entire structure can come crumbling apart. We've seen taxpayers get into audits with these captive insurance plans similar to the charitable llc. And because of the way in which they utilize these structures, the whole thing comes tumbling down. The IRS audits not only their operational entity, they audit the captive entity and they start assessing clients going back year over year to start figuring out, okay, well, if you're doing this unlawfully right here in 2024, what's to say you weren't doing something inside your operational entity unlawfully in 2023? So now they have probable cause to go and dig deeper and deeper and deeper. And this is what we've seen happen with a few taxpayers.
Graham Stephan
If you were to rewrite the entire tax system from, from scratch, what would be on it?
Carlton
It would probably be only a hundred pages instead of 82. 452 pages. I would have the similar tax incentives that are already existing for business owners and investors. I would probably have a flat 15% tax rate because it doesn't make sense for anybody to pay 37% in taxes. I would absolutely abolish property taxes. I think it's insane that if you pay off your property that you actually don't still own it. You still have to pay property taxes. And then I would look to rid away with, with all the government subsidies and assistance, I would just make a flat tax. We're all operating on the same playing ground here. I would get rid of any credits, any exemptions. I would only focus on tax deductions for investments and business owners. And I would make sure that there's a flat tax. That's what I would do.
Graham Stephan
Here's what we're going to do for the members because this is something that we're not going to put in the normal episode. I'm going to talk to you about my tax situation. I'll put it here so, you know, I'll be a bit vulnerable. So if you want to see that, join the members section. What would be your advice to me?
Carlton
Yeah, what would, what would. Are you comfortable sharing? Like what a net profit range would be?
Graham Stephan
I'll say that I'm, I'm paying 15 minutes later.
Carlton
Who is building your equity right now for you? Other than you? Yeah, other than you.
Graham Stephan
Honestly, it seems like the easiest way is just Puerto Rico. It right. Then we could also jump realistically and just not do anything and just move to Puerto Rico. Like that's the one thing.
Carlton
It's just ton 60 this whole why.
Graham Stephan
Don'T you move to Puerto Rico?
Carlton
You know, I love it here, bro. I don't pay any federal taxes. Why should I move to Puerto Rico? I don't pay any federal taxes, just.
Graham Stephan
Not if I have to do this song and dance.
Carlton
I moved to Florida. I moved to Florida. So I, I got out of California, I got a place in Florida. I'm not doing the whole California thing no more. Put that on camera. I, I'm not doing the whole California thing no more. So I'm getting rid of the state problem now. Now I'm going to be in a place where if I wanted to, I could pay taxes. But I'm not, I still not going to. Right. But I know that I want my wealth to be in real estate outside of my business. That's something I'm passionate about. I really want to be able to say when this is all and done, I'm not just turning over a tax advisory, tax accounting business to my heirs. I'm turning over massive amounts of real estate with massive amounts of equity built up inside of it. And from majority of the wealth teachers that I learned from, this is how their wealth has stayed in their family for generations, not just for one.
Graham Stephan
Yeah, well, thank you so much for coming.
Jack
Thank you for coming on the show, guys. You wouldn't believe it. It's 12:47am so filming this last minute. We're filming this last minute to get this out for you guys. We're exhausted.
Carlton
Yeah.
Jack
You guys flew over here just for this, right?
Carlton
Yeah, I came straight from Europe. From Europe to Idaho, from Idaho, straight here to get this.
Graham Stephan
That doesn't deserve a subscribe for both us and you. We're going to link your information down below in the description. So you're subscribed means so much. And like we said, we're filming this at almost one o' clock in the morning just so we have more time to edit and get it out as fast as possible.
Carlton
Yeah.
Graham Stephan
So all we ask in return is just a subscribe. If you're watching this, you have it, it's free, it costs you nothing. And, and probably with what you've talked about, you're going to end up saving thousands of dollars. And by the way, this isn't like tax advice. It's just, you know, go and look into it for yourself. But you're probably going to save money. So that's it, Just, just like and subscribe. Share this with your friends.
Jack
All right, guys, thank you so much for watching. Till next time.
Carlton
See ya.
Summary of "Tax Expert: HUGE Loopholes In Trump's Big Beautiful Bill - What NO ONE Is Telling You!"
Podcast Information:
The episode kicks off with Graham Stephan expressing his excitement about discussing tax strategies, highlighting his deep interest in taxes and previous related content on his YouTube channel.
Notable Quote:
"So this is a podcast that I've really been looking forward to because I'm a nerd when it comes to taxes."
— Graham Stephan [00:27]
Carlton explains that the tax code is skewed in favor of the wealthy, who have more avenues to reduce their tax burdens through deductions, exemptions, and credits. In contrast, the lower and middle classes have limited options, often paying higher effective tax rates relative to their income.
Notable Quote:
"It is rigged for the rich. Yes, it is, absolutely."
— Carlton [01:40]
Carlton breaks down several significant components of the bill:
SALT Deduction Increase:
Notable Quote:
"You now get deduct up to $40,000 in property taxes."
— Carlton [19:07]
Child Tax Credit Enhancement:
Notable Quote:
"What that means to me is, is that people that are in the lower to middle income will be receiving more refundable money, which in return makes them want to have more children."
— Carlton [10:23]
Bonus Depreciation:
Notable Quote:
"Bonus depreciation being back at 100% and it's permanent this time."
— Carlton [29:11]
Overtime and Tip Deductions:
Notable Quote:
"But now we get to deduct up to $25,000 on your federal tax return."
— Carlton [11:19]
Carlton emphasizes that the wealthy and business owners reap the most benefits from the bill, leveraging various deductions and credits to offset substantial portions of their incomes. Conversely, individuals earning below $45,000 may face increased tax burdens due to cuts in subsidies and welfare programs.
Notable Quote:
"The wealthy will benefit the most from the big, beautiful bill."
— Carlton [11:07]
Carlton discusses sophisticated tax strategies employed by high-income individuals and business owners:
Self-Rental Strategy:
Cost Segregation Studies:
Augusta Rule:
Notable Quote:
"Most business owners are using their vehicle about 80% of the time for business and about 20% of the time for personal."
— Carlton [55:15]
The discussion shifts to IRS audits, emphasizing the importance of thorough documentation and legitimate business use of deductions. Carlton shares anecdotes about successful audits where proper evidence and honest business practices led to favorable outcomes.
Notable Quote:
"They want to make sure you're not a criminal. That's what they care about."
— Carlton [54:28]
Carlton warns against exploiting certain tax structures, such as charitable LLCs and insurance captives, which can lead to audits and penalties if misused. He underscores the thin line between legitimate tax optimization and unethical practices.
Notable Quote:
"I would absolutely encourage people not to use these structures because of the discretion around it."
— Carlton [77:46]
Throughout the podcast, Carlton shares real-life examples of clients who have successfully navigated complex tax situations using the discussed strategies. These stories illustrate the practical applications and potential pitfalls of aggressive tax planning.
Notable Quote:
"They bring a yacht on their tax return, and with proper documentation, the audit was over in five minutes."
— Carlton [54:17]
In the concluding segments, Carlton offers tailored advice based on income sources:
W2 Employees ($60k - $200k):
Self-Employed Individuals ($60k - $200k):
Notable Quote:
"Most people should be looking at depreciation. I'm just going to be honest because it's the best way for you to invest money and get a return while also offsetting your taxes."
— Carlton [78:46]
The episode wraps up with the hosts reiterating the importance of understanding and utilizing the tax code to build and preserve wealth. Carlton emphasizes ongoing education and professional advice as crucial components for effective tax planning.
Notable Quote:
"The government rewards those that spend money. If I'm a business owner, I have to spend money in order to get my products or service to the marketplace."
— Carlton [78:46]
Key Takeaways:
Advice for Listeners:
This episode serves as an insightful guide into the nuances of the Big Beautiful Bill, highlighting how various tax provisions can be leveraged to optimize financial outcomes, especially for those in higher income brackets or owning businesses and investments.