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Tuesday, April 21st 2009

1:30 AM

IRC Section 1031 Transactions - Keeping Your Money Working For You



To start a 1031 Exchange, you first check with their CPA or accountant. You and your CPA need to figure out how much you would have to pay in taxes if you just sold the property outright. Your CPA can determine your adjusted basis in your property. Once your basis is known, you can then determine what the "normal" capital gain tax liability would be; and, also the amount of taxes that would be due to "depreciation recapture", which is currently taxed at maximum rate of 25%. Note: The rate of capital gains taxes is higher for the portion of the gain that is attributable to depreciation.

Typically, your CPA will be able to determine how much of the gain relates to normal appreciation from the natural increase in value of the property. That is currently taxed at a maximum rate of only 15%. Next, if you are in a state with an income tax or state capital gains tax, your CPA might also determine amount of state and municipal tax liability.

After determining all of the tax liability from selling your property, you can decide to sell it outright or to sell it utilizing the tax advantages of a 1031 Exchange. Knowing all of the tax liability helps you to make a clear decision. Normally, the 1031 Exchange will result in a far less tax bill than if you sold the property outright.

The first step in taking advantage of a 1031 Exchange is to contact a Qualified Intermediary. The Qualified Intermediary will advise you of the need for a written purchase agreement signed by you as the seller and your purchaser. This agreement establishes your desire to sell your relinquished property as part of a 1031 Exchange.

The purchase agreement should also include a stipulation or clause stating that you want to complete a 1031 Exchange. In this clause, it acknowledges that the purchaser agrees to cooperate in the exchange. You have now laid the groundwork for the closing. For sample cooperation clause go to www.1031podcast.com.

At the closing, the sale will become complete. The deed crosses the desk to the purchaser, and the net sales proceeds are paid directly to the Qualified Intermediary. This starts the 1031 countdown. The day after the closing is considered "day one" in the forty-five day identification period. During the forty-five days, you must identify in writing the property that you want to purchase as your replacement property. This "day one" is also the start of the 180 day exchange period that you have to complete the 1031 exchange and acquire your replacement property.

Now, I will review the steps you need to make in order to complete a 1031 Exchange transaction. The first step is to determine the capital gains tax bill, including depreciation recapture and state and local taxes. This step would be performed by your CPA or accountant. The next step is to determine if the 1031 Exchange process would be of benefit to you. This step would be made by your CPA or accountant with the help of a 1031 Exchange Qualified Intermediary. In step three, you should document your intent to sell the property to the purchaser, as well as your desire to complete a 1031 Exchange by inserting appropriate text in your purchase agreement.

If you do all of the above, you will start the process of deferring taxes and keeping your money working for you.

U.S. investors can save big money by using 1031 exchanges to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange is similar to an interest free loan from the U.S. Government.
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Wednesday, April 1st 2009

12:01 AM

Debt Can Be Good With A 1031 Exchange

We all know that the 1031 Exchange is used for transferring equity from an old property to a replacement property. What is not customarily known is that you can use some of the equity from your property through proper refinancing. You can use pre-exchange refinancing or post-exchange refinancing.

In a 1031 exchange, all the proceeds from the sale are supposed to be passed on to the Qualified Intermediary - this prevents you from receiving any cash benefit from the sale. There may be times, however, when you would like to use some of that money for other purposes. If you decide to refinance your property shortly before the 1031 exchange and use that equity for your desired luxury item, you may find yourself violating IRS rules. (IRS vs. Garcia)

Garcia was a taxpayer who decided to refinance his property in anticipation of the 1031 exchange. The IRS successfully argued that when Garcia took out money before the 1031, it was akin to telling the settlement agent to pay him some of the sale proceeds at closing. In short, you cannot take out your equity just before the 1031 exchange. Cashing out equity, called "boot," is acceptable if you pay taxes on it. Garcia tried to avoid the tax and ran afoul of the 1031 rationale, and the IRS.

In order for you to avoid the Garcia issue, you may decide to refinance the replacement property. In post-exchange financing, taxpayers may not want to leave all of their equity in the replacement property - some want to take out that equity and buy more real estate. However, how long should you wait after completing the 1031 exchange before you take out the equity in the replacement property?

The nanosecond refinance is waiting just long enough after the 1031 to show the IRS, through the closing statement, that you've re-invested all of your equity into the replacement property. In a separate transaction, a new settlement statement is used to show that the replacement property was encumbered with new debt via a loan or mortgage, then there is a cash payment from the lender to you. Thus, there is a pool of money you can access after the exchange.

The legality of the nanosecond exchange is debatable. There are risks because there is no definitive IRS rule regarding how long you are to keep the equity in the replacement property. A more prudent approach would be to keep the money in the replacement property in order to avoid the Garcia trap. In this case, keep the equity in the replacement property until the following tax year or until two years have passed from the 1031 exchange to the ultimate finance.

Investors in the U.S. can save a lot of money by using 1031 exchange to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange is similar to an interest free loan from Uncle Sam.
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Tuesday, March 3rd 2009

9:18 PM

Do Away With Your Capital Gains Taxes

There are a lot of investors that end up making the mistake of selling their business or investment property but have to pay thousands of dollars in capital gains taxes to the IRS. What they may not know that there are tax laws that provide them the ability to defer all of the capital gains taxes on the sale of property which has been held as a trade or business - thereby retaining their gain.

This law defers and can even eradicate taxes you would normally have to pay if you were selling your property. However, the money you make from selling your property must be used exclusively to purchase a like-kind property that you also intend to use for business or investment purposes.

Using a 1031 exchange is like a carpenter using a hammer to drive a nail, it gives him so much more leverage - and likewise the money you can save can be leveraged to purchase even more property to compound your wealth.

The 1031 Exchange provision has saved investors millions and millions of dollars, and it is well worth your time to explore the benefits of it for yourself. In order to reap those rewards, there are some specific procedures you need to follow.

First, it?s important for you to choose a well respected and professional qualified intermediary also known as a "Q.I.". Dealing exclusively with doing 1031 exchanges, a Qualified Intermediary is an expert with the facilitation of such a deal.

Your Q.I. provides a written agreement to change the transfer from and outright sale to an "Exchange" then transfers your relinquished property (that you are selling) and takes that money and uses it to purchase your replacement property on your behalf.

To qualify for your exchange, you will need to follow these rules:

1. Firstly, the investment property that you are replacing must have been used for investment purposes or use in a trade or business and must be "like-kind" (i.e. real estate in the United States for real estate in the U.S.).

2. Second, you must find a replacement property if you haven?t already, clearly identify it in writing to your Q.I. it within 45 days. It is necessary to close on the sale on the replacement property within one 180 days.

3. To defer your capital gains taxes, all of the proceeds from the sale of the first property must be used to purchase your new replacement property.

Follow these 1031 rules and you will be in the best position to faciliate your exchange. The procedure is simple enough but even if the path seems a little complicated from time to time, it will be well worth it with the money you will save. Do yourself a favor and keep your capital gains by using a 1031 exchange instead!

United States investors can save a lot of money by using 1031 tax exchanges to defer all of their capital gains tax on the sale of investment property. 1031 exchanges are like an interest free loan from the U.S. Government.

Watch the video on 1031 exchange rules to learn more.
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Thursday, February 12th 2009

10:02 PM

Do Property Investors Pay Closing Expenses On 1031 Exchanges?

The general rule when it comes to 1031 exchanges is that all proceeds from the sale must be reinvested in the replacement property, but as a property investor you likely have experience with the other costs associated with closing on a sale, including your real estate agent's commission, the recording of the deed, and know that some of your proceeds must be put towards these sorts of transactional expenses. 

Any proceeds or cash benefits you receive from a 1031 transaction are known as boot. Boot is not part of a like-kind exchange, and is therefore considered taxable.Closing on a sale will always carry associated costs such as agents' commissions and deed recording fees.  It is acceptable to debit these off on your closing statement, because they do not represent any extra cash benefits for you.  Expenses such as prorated rent and security deposits that must be transferred to the new owner are another story.

The correct way to go about transferring future rent and security deposits to the new owner of the property is to cut a check from your own expense account.  If you debit these kinds of expenses to your closings statement, you are effectively freeing money in your account for your own use and taking what as known as boot from the proceeds of the transaction.  Any cash benefit or boot you receive from the sale is not considered part of a like-kind exchange, and investors who have attempted this have found themselves facing IRS litigation.

In the process of a 1031 exchange, you will also face expenses related to the acquisition of new debt on your replacement property.  Loan origination fees, underwriting fees, and processing fees are not part of a like-kind exchange and the money must come out of your own property.

The fact of the matter is that the IRS examines these sorts of transactions, and will not look kindly on your receiving non-like-kind proceeds or cash benefits from 1031 transactions.  With this in mind, you should be wary and take care regarding what expenses end up on your closing statement.

U.S. investors can save their money by using a 1031 exchange to defer all of their capital gains tax on the sale of investment property. 1031 tax exchange is like an interest free loan from Uncle Sam!
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Tuesday, January 27th 2009

3:06 AM

Classic Car Collectors - There's a Better Way To Sell

If your investments lie in personal property such as collectible cars or other antiques, you may wonder whether the power of section 1031 can somehow be used to your advantage, and rightfully so, as the sale of collectible property incurs a whopping 28% capital gains liability. Luckily, the answer is yes; though not many are aware of the possibility, 1031 can be made on certain types of personal property, including classic cars, and in light of capital gains rates, those with money in these kinds of investments stand to benefit greatly from the use of section 1031.

Making a 1031 exchange on a car, or, indeed, any sort of antique or collectible, allows you to turn that 28% percent tax liability into a tax deferral, a kind of loan from the government, but one that accrues no interest. This deferral is transferred from one piece of property to the next as long as you continue to exchange, and is collected when you decide to sell outright rather than making another exchange.

If this has changed your mind about selling your classic car investment up front, you should be aware of one key difference between a real estate exchange and a personal property exchange: in your case, the like-kind requirements will be more stringent, so your car must be exchanged for another car of equal or greater value; you cannot exchange, for example, a car for an airplane or a tractor.

You'd be right, but you'd do well to consider the possibility of a 1031 exchange. A 28% capital gains tax represents a large portion of your profits, and if you're like me, you'll take the option that allows you to reinvest that money, maximizing your potential profits.

United States property investors can save big money by utilizing a 1031 exchange to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange  is like an interest free loan from Uncle Sam!
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Saturday, September 27th 2008

12:57 AM

Classic Cars Owners - A 1031 Exchange Could Help You

Classic cars have appreciated tremendously in value in recent days, and they are in high demand. Your first inclination may be to sell your car outright and cash in on your investment, but a look at the capital gains tax rates might change your mind.

Now is certainly a great time to cash in on the classic car you've been holding for investment, but a look at the tax rates on the sale of collectibles might put a damper on your enthusiasm; as much as 28% of your profits could end up going to capital gains taxes.

Imagine, for example, that you have a 1967 Ferrari that you bought for $270,000 but which has since appreciated in value to $800,000. At this point, you're likely quite pleased with your investment. But you might balk at the 28 percent capital gains rate on the sale of this car, and you'd be right to do so, because a 1031 exchange could save you that 28 percent and let you reinvest that money instead of losing it to taxes.

In light of the enormous capital gains tax hit that accompanies the sale of classic cars and other such collectibles, those who have put money in these kinds of investments have a unique opportunity to profit from making an exchange instead of selling up front, and will benefit even more from the tax deferral than those with real estate investments.

1031 exchanges on personal property are conducted in much the same manner as real estate exchanges, but one important difference is that the like-kind requirements that must be met for the exchange to be valid are quite a bit more stringent. While a real estate investor can, for example, exchange an apartment building for farmland of equal or greater value, an investor dealing with personal property can only exchange a car for a car, a plane for a plane, and so on.

By making an exchange on your personal property instead of selling outright, you can avoid a huge hit to your returns and maximize your potential profits.

United States property investors can save big money by utilizing a 1031 exchange to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange is almost like getting an interest free loan from Uncle Sam!

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Thursday, September 4th 2008

9:12 PM

Investors Be Careful When Making 1031 Exchanges Outside of the U.S.

Section 1031 of U.S. tax code is based on the idea of a mutually beneficial relationship between the real estate investor and the U.S. economy as a whole.  1031 exchanges allow investors to put their capital to work in the most advantageous ways possible, which in turn stimulates the economy by creating more jobs and greater opportunity in the U.S.  This is one major reason why 1031 exchanges cannot occur outside of U.S. territory.  In addition, a tax deferment means that the IRS will want to collect your capital gains taxes in the event that you someday sell your replacement property, and it can be very difficult for them to collect taxes on the sale of foreign property.

By this logic, it wouldn't make sense to allow 1031 exchanges to be made on properties overseas, and this is indeed prohibited.  Section 1031 is at least partially intended to encourage investors to invest in property located in the U.S., both for the sake of the economy and because it can be difficult or impossible for taxes to be collected on foreign property (remember that a tax deferral is more of a loan than a gift, and the IRS expects to collect on this loan in the event that you sell a replacement property outright).

If 1031 exchanges are limited to the U.S. so that the economy will benefit and the IRS will be able to collect capital gains taxes in the future, then you may be wondering what rules apply to U.S. territories such as Guam, the U.S. Virgin Islands, and Puerto Rico.  In private letter rulings, the IRS has stated that a Virgin Islands property can only qualify as like-kind in an exchange with a U.S. property if it is income-producing, which is more restrictive than the normal requirements for a like-kind exchange, which merely state that the property must be held for your trade or business or as an investment.

The path of least resistance when it comes to making a 1031 exchange is to confine your transactions to the United States, which comprise the fifty states as well as Washington D.C.  In the event that you find it necessary to make an exchange on property located in an outside territory, I advise you to carefully analyze your replacement property to make sure it meets like-kind requirements.  You may even want to request your own private letter ruling from the IRS.

U.S. investors can save a lot of money by utilizing a 1031 exchange to defer all of their capital gains tax on the sale of investment property. A 1031 tax exchange is like an interest free loan from Uncle Sam!
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Monday, March 31st 2008

11:09 PM

Exploring the 1031 exchange process

One of the key concepts behind the 1031 exchange process is that a real estate investor cannot draw any cash benefit from the funds resulting from the sale of a 1031 property; any cash removed from the sale is seen as boot, and this means subject to capital gains taxes. As a result of this, the practice of refinancing for the purpose of removing stored value from the 1031 property enters into a very gray area with regard to acceptability under Section 1031.

In a court case involving a real estate investor by the name of Garcia, the court made it clear that any benefit received by a taxpayer as a result of the refinance of a piece of property in anticipation of selling it in a 1031 tax exchange will be deemed to be taxable boot. This court decision represented the establishment of a standard for the way in which these sorts of issues. Currently, a more popular tactic is waiting until after the replacement property has been closed on, and to refinance at some point afterward. This practice, however, brings up some questions about how long one ought to wait before refinancing and taking value from a property.

The old guard among investors will likely tell you not to refinance until a considerable time after closing (maybe even as long as 2 years after), to make absolutely sure that you are complying with the intent of Section 1031. The popular mindset amongst more liberal minded school of investors, however, is to assume that closing on your replacement marks a definitive end to the 1031 exchange process, and so one need not worry about the substantiation of an exchange from there onward. For a property investor who sees the 1031 process from this perspective, it does not matter how long one waits before refinancing one's 1031 replacement property, and many do indeed choose to do so directly after the closing has occurred.

If you're expecting any clear-cut maxim as to when it is safe to refinance your replacement property, then you are destined to be disappointed, at least in regard to this article. The 2 perspectives described above are just the opinions of a few, and they represent only a few of the viewpoints an investor adopt. Property investors vary a good deal in how they look at these sorts of legal gray areas, and the most helpful suggestion that I am able to impart is simply to look to qualified tax adviser or other legal expert in formulating your ultimate decision, and to work together with him or her in order to figure out the path that will work best in the context of your specific situation.

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Monday, March 17th 2008

11:36 AM

Are you loosing money by not using a 1031 exchange?

As a real estate investor, you are aware that single dollar that you have working for you is compounding your wealth, and, conversely, that each and every dollar that isn't working for you can be considered a missed opportunity to further compound your funds. When the time comes to make a sale on a piece of property, you have 2 choices. The 1st way in which you can cash in on a piece of property's appreciated value is to sell the property up front and recognize a capital gain. This means that you will have to pay capital gains taxes on the sale proceeds. Every time you had money over to the U.S. government in the form of taxes, you are losing money that could be put back into investment.

Your second, and often more lucrative choice is to make a 1031 tax exchange. A great way to keep more of your investment funds making you more money is to perform an exchange rather than making an outright sale. Section 1031 has a provision of non-recognition; this means you aren't obligated to pay the capital gains taxes immediately; as a matter of fact, your taxes are deferred indefinitely, while your wealth is compounded by the extra income produced by investing your tax deferment.

As an example, imagine you own several small investment properties, like duplexes, whose values have increased during the time you've owned them. At this point, your first inclination might be to sell these properties up front and reap the benefits of your investments. A wise investor, however, might decide to make an exchange and put the proceeds from the sale of these investment properties towards buying another property, which will, itself go on to appreciate in worth over time, meanwhile continuing to increase your wealth. Best of all, the extra money at your disposal as a result of deferring capital gains taxes will function to increase your capacity to leverage for greater loans, maximizing your potential profits.

1031 exchanges are not limited to buildings and land, either. It is possible to make a 1031 exchange on any type of real estate held for investment in a trade or business, and some types of personal property as well, from a backhoe or crane to an aircraft or collector car. Section 1031 is especially beneficial for those who have money in antiques or collectibles such as collector cars, because of the higher capital gains liability on the sale of these items. It is important to note, however, that you cannot make a 1031 exchange on shares of stock, bonds, or interest gained from a Real Estate Investment Trust.

Next time you are in the position to sell an appreciated piece of real estate or other type of investment, pause for a moment and think of the future profit you could gain if you were to conduct an exchange. If you decide an exchange instead of selling your property outright, you can compound your wealth over time and come out ahead in the end.

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Monday, March 17th 2008

11:30 AM

Section 1031 is a mutually advantageous-agreement between the investor and the government

A 1031 exchange is a technique often used by property investors to defer capital gains tax liability on a property's sale. This is accomplished by transferring the rights to a piece of property that one would like to sell to an intermediary, who holds the sale proceeds and uses the money to buy a replacement property that complies with the regulations delineated in Section 1031 of US tax code.

While the current (and growing) interest in the exchange may lead one to believe that Section 1031 only recently came on the scene, this is untrue. As a matter of fact, the history of the 1031 stretches all the way back to 1921, though the original concept was quite different from the 1031 exchange we have come to know and love. The 1031 Exchange really came into its own in the '70s, which saw a host of important changes in the manner in which exchanges were regulated. These changes resulted in a more powerful conception of the exchange process and also generated increased interest from real estate investors.

The 1031 capital gains tax deferral (Section 1031) provides to the investor may, at first glance, appear to be a sort of gift given by the government, however it is, in reality, closer to an interest-free loan, because the investor is expected to repay the funds acquired by way of the tax deferral by accepting capital gains liability upon the eventual sale of a replacement property. Additionally, this interest-free loan is one that may be kept by the investor indefinitely; an investor can choose to conduct any number of 1031 exchanges before ultimately making the decision to make an outright sale, on which the investor must pay capital gains taxes.

The 1031 constitutes a mutually advantageous agreement between the investor and the United States government, profiting the country's economy as a whole as well as the individual investor. By looking upon the transfer of money in an exchange as representing an extension of an existing investment instead of as a separate transaction liable for taxation, investors are given the opportunity to move their funds to the most profitable investments possible. This, in turn, boosts the U.S. economy by bolstering job growth.

As with anything, Section 1031 has skeptics. Some advocates of change in Section 1031 will pose the argument that the untaxed profit gained by to the taxpayer in the exchange process represents an unfair advantage over other buyers. Another frequent issue of concern is that the strict time limits imposed on steps in the exchange procedure could promote an atmosphere of frantic buying, with a resultant increase in asking prices for replacement properties. The aforementioned criticisms, however, are only loosely linked to reality, and the odds that the 1031 exchange will see noteworthy changes in the coming years are quite low. When looking at the big picture, most will concede that the 1031 exchange is immensely helpful to all parties , allowing investors increased profits on the sale of their property while additionally promoting the creation of jobs and therefore the greater good of the country as a whole. Little doubt exists that the 1031 will be a mainstay of the property investment business for years to come.

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