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The savvy 1031 tax exchange investor

By EDWIN BOYD, for 1031basics.com 8/20/2007

The challenge in exchanging real estate for oil and gas is to find matching leverage scenarios. A 1031 Exchange allows you to defer payment of taxes due. A real estate investor can benefit from both tax incentives and deductions by carefully keeping records and reporting all gains and losses. The rules, however, are different for rolling over profits (called 1031 exchanges, for the section of the tax code that allows them) from the sale of rental property than the old rules for a primary residence.What's extremely enticing is the fact that the average homeowner does not have to own three rentals to attain a similar goal.

When to choose a 1031 tic

Also, personal property used predominantly in the United States and personal property used predominantly outside the United States are not like-kind properties. In most cases, an astute investor will seek properties with a predictable decline curve and will set aside a portion of the cash flow for re-investment. Usually, either a legal description or a mailing address is sufficient. Since you will have fees involved in selling your property, such as brokers' fees, intermediary fees and other closing costs, the purchase price of the replacement property should be equal to or greater than the total debt on the property you relinquish plus the net amount of money you receive from the sale of your property. An amendment is signed naming the Qualified Intermediary as buyer, but again the deeding is from the true seller to the taxpayer. Special rules apply to 1031 exchanges with related parties. Value stocks are defined as those that carry low prices relative to their earnings, dividends, book assets, or other measures of fundamental value.

Office buildings

Once you sell your existing property, you must close on your new property within the earlier of 180 days or the due date of your tax return (including extensions). If you own passive investment property (raw land for example) you may have enough profit to invest to generate a cash flow by purchasing an income producing property. Then the proceeds from the sale of the relinquished property are deposited by the Qualified Intermediary to purchase the replacement property. In most cases, their personal residence is not like-kind investment property. Oil and Natural gas from domestic reserves helps to make our country more energy self-sufficient by reducing our dependence on foreign imports.x Exchangers often have difficulty in locating and closing suitable replacement property within the 45 day identification period and the 180 day closing period. However, real property in the United States and real property outside the United States are not like-kind properties.

1031 Tax Exchange graph analysis

The exclusion, which had jumped from $20,000 to $35,000 in 1976, then to $100,000 in late 1978, was terribly out of date and had not kept pace with inflation. The IDC's that you previously deducted must be recaptured to the extent that you do not acquire qualified natural resource property.On occasion, an investor must acquire a replacement property before disposing of the relinquished "sales" property. The Internal Revenue Service issued Revenue Procedure 2000-37 on September 15, 2000. Bondable leases are typically used in so-called "credit tenant lease" deals, where the main driver of value is not so much the real estate, but the uninterrupted cash flow from the usually investment-grade rated "credit" tenant. Further, the lenders for both parties would have to agree to reverse all lending transactions the payoff of the Investor's debt on the relinquished property and the origination of the buyer's new debt on the acquisition of the replacement property and then renew the obligations for the new sale. Real Estate owners can accomplish almost any investment objective with 1031 Exchanges including greater leverage, diversification, improved cash flow, geographic relocation, and/or property consolidation. The tax savings allows your clients to retain equity, and move into properties of higher value each time they perform an exchange.The QI sends required exchange documents to the escrow closer for signing at property closing.


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