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Have you ever thought about selling your investment real estate?

Are you getting a little tired of managing your apartment building, duplex, or office building -- or are you thinking that the time is right to sell your land? Maybe you’re not selling because you think you’d have to pay an onerous amount of capital gains tax on the sale. Maybe you’re wondering what other investment could possibly offer you the high returns you enjoy now.

 

Fortunately, there is an exciting, effective solution to this dilemma.

Section 1031 of the IRS tax code makes it possible for you to sell your current investment property and, within a strict time frame, buy management-free real estate investment without paying any capital gains taxes. It’s commonly called a "1031 Exchange," and it can be a financial lifesaver.

 The trouble can be, though, HOW do you find a suitable replacement property (one with the right purchase price, debt ratio, and closing schedule) within the 45-day time frame mandated by the 1031 Exchange requirements? HOW do you navigate all the paperwork involved without accidentally overlooking an IRS regulation or deadline? And finally, HOW do you find a replacement property that requires less management from you?

 

1031Property.com can help you overcome all three of these challenges.

1031Property.com specializes in helping people like you to find replacement property within the IRS time constraints. We can assist you to identify and "exchange into" a higher quality property than what you currently own, yet with no management responsibility for you. How can we do so? We connect you with multiple product specialists for whatever investment type you are looking for. We have been in business since 2002 and have established relationships with the top experts in the 1031 industry. We screen all our affiliates based upon reputation & experience so you don’t have to.

What is a 1031 Exchange?

In a “1031 Exchange” the IRS allows a property owner to sell one property and (using 100% of the proceeds from the sale) buy another property without tax consequence; that is, paying no capital gains taxes on the transaction. (This transaction is authorized by “Section 1031” of the IRS code.) It’s one of the best possible strategies for deferring the capital gains tax that would ordinarily arise from the sale of real estate, as it can provide real estate owners with greater leverage, increased diversification, improved cash flow, increased potential for geographic relocation, and potential property consolidation.

  •       Defer 100% Capital Gains Taxes
  •       Freedom from Property Management
  •       Increased Cash Flow
  •       Re-Leverage Your Equity
  •       Increased Tax Shelter
  •       Simplify estate planning
  •       Upgrade the Quality of your Real Estate
  •       Diversify your Real Estate Investments
  •       Smart Wealth Preservation Strategy
  •       Get a Stepped-Up Basis when you Die

Top 10 Advantages of 1031 Exchanges

1031 Exchange Options

IRC Section 1031 requires that the new (replacement) property qualify as property held for use in a trade or business or for investment. For real property exchanges, there are a number of alternative investment options beyond the acquisition conventional direct management.

Fractional Ownership 1031 Exchange Options

         DST Investments – All Asset Classes Available
         NNN DST – Single Tenant or Multitenant
         1031 REITS –DST that has a 721 Exit Strategy
         Oil & Gas Royalties and other Rights

Managed Sole Ownership 1031 Exchange Options

         Single Tenant NNN Property
         Private Exchanges – Passive Sole Ownership
         Single Family Homes - All Cash or Leveraged

1031 Exchange Rules

Once an Exchanger closes on the sale of an investment property he or she must identify a possible replacement for the relinquished property within 45 days as outlined by the 1031 exchange period. The 1031 exchange time limits and IRS Rules of section 1031 are outlined in Rev Proc 2002-22. The basic 1031 exchange rules involve the 1031 exchange time limit, 1031 exchange identification, like kind exchange rules, and how to designate property for a 1031 commercial exchange. When choosing a replacement property for the 1031 exchange the owner must follow one of the following three 1031 Exchange rules:

1. The “three-property” 1031 exchange rule: the owner may identify up to three properties, regardless of their value.

2. The “200 percent” 1031 exchange rule: the owner may identify any number of 1031 replacement properties as long as the combined fair market value (FMV) of those properties does not exceed 200% of the FMV of all sold properties.

3. The “95 percent” 1031 exchange rule: The owner may identify any number of 1031 exchange properties no matter the aggregate FMV, as long as 95% of the value of those identified 1031 exchange properties is acquired.

In all cases of a 1031 exchange, the owner must close on the identified replacement property(s) within 180 days from the sale date of the original property.

1031 Exchange Requirements

To fully defer all capital gain taxes, a 1031 exchanger must meet four 1031 Exchange requirements:

1. 1031 Exchange Requirement: The investor must reinvest a 100% of sale proceeds. If a 1031 exchanger does not reinvest all proceeds from the sale of the relinquished property, the balance received is considered "cash boot," and the investor will have to pay capital gains taxes on that amount.

2 1031 Exchange Requirement: The investor must acquire property with the same or greater debt. If a 1031 exchanger does not acquire a replacement property with an equal or greater amount of debt, he or she is relieved of a debt obligation, and this is called a "mortgage boot." The IRS considers this reduction in debt a benefit to the 1031 exchanger; therefore, it is taxable, unless it is offset by adding equivalent cash to the replacement property purchase.

3. 1031 Exchange Requirement: The investor must use a “qualified 1031 intermediary” (also known as a “1031 facilitator” or “1031 accommodator”) to hold the funds from the first sale until purchase of the new property is closed. The “qualified 1031 intermediary” (QI) acts as the “middle-man” in the 1031 exchange, providing the paperwork, oversight, escrow services, and expertise necessary to ensure that the transaction legally qualifies as a 1031 Exchange under Section 1031 of the Internal Revenue Code. Even though a 1031 Exchange is a complicated process, a 1031 Exchange using a good QI can become a simple transaction and look surprisingly like a standard sale.

4. 1031 Exchange Requirement: The new investment must be in “like-kind” property. IRS 1031 Exchange rules require the 1031 exchange of "like-kind" relinquished property for other "like-kind" replacement property. This doesn’t mean, though, that 1031 exchanged properties must be of the exact nature as the relinquished property. Bare land doesn’t have to be exchanged for bare land or income property exchanged for another income property. Any real property held for investment or real property used in a trade or business can be exchanged in a 1031 Exchange for any other real property held for investment or real property used in a trade or business.

What is a qualified 1031 intermediary?

A qualified intermediary is an independent agent that facilitates a 1031 exchange. The taxpayer’s attorney or accountant cannot be a qualified intermediary. Most intermediaries are affiliated with banks, trust companies, or title companies. Using a qualified intermediary is one way of “safe harboring” a 1031 exchange. Essentially, the qualified intermediary takes an assignment of rights in the sale contract for the old property and the purchase contract for the new property. These are simple documents that the attorney fills out, along with a basic exchange agreement with the intermediary. Through these three documents, the intermediary is brought into the 1031 exchange and, subject to compliance with the timing rules discussed below, the transaction can qualify as a 1031 exchange rather than a taxable sale.

Ensure Your 1031 Exchange Facilitator is Fully Qualified

  •       Meets the "safe harbor" requirements of a "qualified intermediary" to pass a passes a possible IRS                 audit.
  •       Is an independent facilitator. This ensures you can work with the closing agent of your choice.
  •       Is a 1031 exchange expert with an understanding of how the exchange process works
  •       Is available as a resource to your accountant and attorney.
  •       Audit proof. Every 1031 exchange transaction needs to hold up to the scrutiny of the IRS.

Every situation is unique. If you are planning to sell property and purchase like-kind property contact us today or ask our expert on-line to find out how much you can save by deferring your capital gains taxes.

The 1031 Exchange Process in 4 easy steps

There are several types of 1031 exchanges, the process is different for each type. These are the steps for the most common type of 1031 exchange, a delayed exchange.
Delayed Exchange - Property is sold and replacement property is purchased within 180 days. Replacement property must be identified within 45 days. Because of the 180 day window this is the most popular type of 1031 exchange.

STEP 1 - PLAN THE TRANSACTION. Talk with your Qualified Intermediary to discuss your transaction. After listening to your investment objectives we'll determine the best way to structure your transaction. We'll estimate the amount of potential capital gains taxes you'll save.

STEP 2 - PURCHASE & SALE AGREEMENT. The exchange often begins with a standard purchase and sale agreement. The agreement should contain language which establishes the exchanger's intent to exchange and obtains the buyers consent to cooperate. Your Qualified Intermediary will convert this "sale" transaction into an exchange with the use of specialized documentation.

STEP 3 - RELINQUISHED PROPERTY. Once you have decided to perform an exchange contact Qualified Intermediary immediately. Also notify all parties to the transaction of your intent to exchange, including your real estate agent, closing agent, accountant and attorney. Your Qualified Intermediary will collect the information needed to prepare the exchange documents. The originals will be forwarded to the closing agent for execution at closing. Copes are sent to all parties for review. At closing the exchanger will transfer the relinquished property to Qualified Intermediary and Qualified Intermediary will simultaneously sell the property to the buyer. The proceeds are then paid the Qualified Intermediary and held for the acquisition of the replacement property.

STEP 4 - REPLACEMENT PROPERTY. After closing the relinquished property, the exchanger has 45 days to identify the replacement property and 180 days to complete the exchange. The exchanger notifies Qualified Intermediary once they have entered into an agreement to purchase the replacement property. Qualified Intermediary will deliver the documents needed to complete the exchange to the closing agent. At closing, the property is purchased by Qualified Intermediary and transferred to the exchanger. The exchange is now complete.

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