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The 1031 Exchange Explained

Real estate can be a valuable investment, but you need to look at more than the amount of equity that is gained through ownership of the property. If you own a commercial real estate property, such as a residential rental or business office, then you could be facing capital gains taxes that cut into your profit margins.

There's no reason why you need to pay the full tax burden of this property. Instead, take advantage of the options offered through the Internal Revenue Code. In these regulations, section 1031 allows capital gains taxes to be deferred by reinvesting the money into a new investment property.

1031 Exchange: How It Works

When you sell an investment property, you can expect to pay a bill to cover the capital gains taxes from the real estate investment. The problem is that you lose valuable equity because of the cash that needs to be set aside for taxes.

Instead of paying the capital gains taxes right away, you can defer this amount by purchasing another investment property. This reinvestment means that you are no longer liable for paying the current capital gains taxes since the money is being used towards the replacement property. This strategy can be an effective way to preserve wealth in your estate, especially since there is no limit to the number of 1031 exchanges that you can do.

Requirements for a 1031 Exchange

If you want to receive the benefit of a 1031 exchange, then you need to be sure to meet the requirements as stipulated by the IRS code. Some of these rules include:

  • Timing of the Transactions: Ideally, you have a simple swap to move your investment money from one property to the next. But this timeline doesn't always line up, which is why rules are in place for delayed exchanges. For example, an intermediary holds the cash until the new transaction is complete. You have 45 days to designate a replacement property and 180 days to close on this new property. These two timeframes run concurrently, so you need to be proactive for a timely closing on your investment.

  • Property Qualification: The 1031 exchange is designed for investment properties. So, you can't use this tax strategy for your personal residence, a second home, vacation home, or other property ownership.

  • Like-Kind Property: The term "like-kind' property refers to the similarity between the two properties. When you choose a replacement property, not only do you need to be sure that this new investment is similar to the original investment, but the new property also needs to be held for the same purposes.

  • Name on the Title: The same name must be used on both titles. For example, if you have an LLC used for the first property, then the same LLC needs to be used for the replacement property.

Is a 1031 Exchange Right for You?

A 1031 exchange isn't the right solution for every situation, which is why it is important that you consult with an experienced financial expert for personalized advice. Here is an overview of some of the most common reasons why a 1031 exchange makes sense for investors:

  • You want to sell an investment to diversify assets

  • It's time to reinvest in a new property with a better ROI

  • You are looking to consolidate multiple real estate properties into one

  • It makes sense to invest the money into a managed property instead of an unmanaged rental

The main benefit of using this strategy is for the tax deferral. But you also need to consider how the cash will be tied up in the investment. Also, 1031 exchanges can be complex, which is why the exchange should always be handled by a professional.

If you are shopping for an investment property, then our team is here to help.

Contact us at any time to learn about quality real estate services.

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